The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-13
PETITION FOR WRIT DENIED
Opinion Briefly Announces No Neces-
dction by Higher Tribunal.

made in the quo warranto proceedings
instituted by the attorney general to
have the court declare vacant the
Office of clerk Of the district court for
Yellowstone county, now nominally
held by T. A. Williams. After Mr.
Donovan had made his presentation
the matter was taken under advise
ment by the court.
Allegations Of Complaint.
The complaint in the action was
fled last week, at the instance OF the
Loard of commissioners of Yellow
stone county. After reciting the facts
in connection with the election OF
Williams to the position and his oc-
cupancy of the Office, the complaint
continues as follows:
"That on the 26th day of February,
1904, said defendant absented himself
from the state OF Montana without
having obtained or received the per-
mission or consent of the board OF
county commissioners of Yellowstone
county, state of Montana, so to do,
and has since remained without the
state of Montana without the permis-
sion or consent of said board of coun-
ty commissioners, in violation. OF the
provisions of section 1926, article 1,
chapter 3, title 2, part 4, OF the po-
litical code of the state of Montana,
and by virtue thereof said defendant
has forfeited the said Office OF clerk
of the district court of the Seventh
judicial district court of the state OF
Montana, in and for the county OF
Yellowstone, and the right of defend
ant to the occupation and enjoyment
of said Office has ceased, and the
ties thereof are being performed by
other persons than the defendant, and
any claim of said defendant to said
Office by virtue of his said election
is unlawful and without legal right,
and said office should be declared
vacant by judgment of this court
so that the duties devolving upon the
clerk of said district court may be
performed by the appointment of some
one to such Office.
Reason for Application.
"That the reason why this com
plaint is made by your relator to this
court originally, instead of being made
to a lower court, is that, as your re
lator is informed and believes, de
fendant has been without the state O
Montana since the 26th day of Feb
ruary, 1904; that he was last heart
from in the city of San Francisco
state of California, on the fifth day
of March, 1904, at which time ant
from which place he directed lette1
to his deputy, 3. w. Dunno; that since
said last mentioned date defendan
has not been heard from by hi!
friends, and his whereabouts since
that time have been and are nov
unknown; that said e. w. Dunno
the deputy of defendant, has tried t.
locate defendant and has been unable
to do so; that from the foregoing fact
it would appear that defendant ha
left the state of Montana with the in
tention of not returning thereto an
has ceased to be a resident of th
state of Montana and of the county 0
Yellowstone; that under and by vii
tue of the provisions of section 1411
chapter 5, title 10 of the code of civi
procedure of the state of Montana
the district courts of this state ar
given jurisdiction of actions or pre-
I ceedings of this nature only in tn
event that the defendant resides Q
is to be found within the county i
which such action or proceeding
commenced, and that by reason of tn
, removal of defendant from the stat
: of Montana, with the apparent inter
! ton of remaining permanently ava
from said state, your relator cannt
safely institute or proceed with TIL
action in any district court OF thi
state; that the said Office of clerk (
the district court of the Seventh jud
o;o1 d;ctr;ot hoc hppn without th