The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-02-10
REMEDY LIES
IN AN APPEAL
SUPERVISORY WRIT REFUSED IN
MAYOR MULLINS CASE.
Supreme Court Proceedings Arising
from the Effort to Impeach Mayor
Mullins of Butte for Alleged Graft
g-Constitutionality of the Local
Option Law Affirmed. by the Court
in Test Case.
Special to The Journal.

Special to The Journal.
Helena, Mont, Feb 1l.-The supreme
court has just heard motions for three
writs of supervisory control. Two were
granted and one denied.
The Butte city council some time ago
began Impeachment proceedings against
Mayor Mullins, alleging that moneys were
being Illegally collected from violators of
law. Mullins secured an injunction re-
straining the council from further pro-
ceedings. Lawyers representing the coun
Gil sought to have the district judges ac-
ton reviewed, hence the application for
writ which was denied, the court hold
Ing that an adequate remedy was provided
by an appeal.
The other two applications, which were
granted, relate to mining cases pending
between Heinze and the Amalgamated
and Mullins and the Amalgamated respec-
lively. The former relates to the constitu-
tionality of the fair trial bill, passed at
the recent session Of the legislature, while
the latter was declared by the AInalga-
mated's lawyers to be unwarrAnted action
on the part of Judge Clancy in issuing
order permitting Mullins to Xamine the
books, papers and accounts Of the Boston
& Montana relating to the Commanche
mine, a part ownership in which Mullins
claims. Both were made returnable on
Feb. 81.
Local Option Upheld.
Ravalli county;s anti-saloon citizens
have won their fight for local option and
the county Will remain dry" in accord
| ance with the expressed will of the voters
at the recent election, the supreme court
having decided that the state local op-
| ton law is constitutional and unfolding
the contentious of the "drys'' at every
point. ..+-
When the Ravalli situation was changed
in January The saloonmen determined to
contest the question whether they could
| i
w. P. O'Brien, a saloonkeeper at FIamil-
ton, was selected to make the fight. He
continued to sell liquor after the law went
into operation and was fined 500 and in
| default Of payment confined in the Ravalli
county Jail. ~
OBrien then applied to the SUI
preme court for a writ Of habeas corpus,
which was issued. In the argument be-
fore the court it was contended by the
attorneys for O'Rrien that local option was
| unconstitutional and that the law, even If
valid, did not operate in Hamilton, that
being an Incorporated town.
The court held the law to be constitu-
tional. Ravalli was the only county to
vote the new law, but others are ex-
pected to do so at the next election. :.
She Stole a Calf.
If the state board Of pardons approves
the act Of Governor Toole, liberty will
soon be given to Miss Emma Bell, who
was sent up from Chouteau county for
three years on charge Of stealing a calf,
She has served eighteen months Of her
time and has decided to return to her
aged mother who is dependent upon her
| daughter for support, the daughter giving
| her promise that hereafter she will lead
| an honest, straightforward life. Her trial
| and conviction attracted much attention.
| Want a Railroad Board.
At the final session of the annual meet
ing Of the Montana Implement and Hard
ware Dealers association last night new
officers were elected for the ensuing year
and it was decided to hold the next an
annual meeting in Helena in January.
| Two resolutions of importance were
passed, one favoring the creation of a
| railway commission and the other in OPP
| position to the enactment Of the proposed
parcels post law which Is now before con-
| gress. i, ..~' -