The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-10-21
ANTI.TRUsTERs CAN HAVE NO
PLACE ON TICKET.
SECRETARY HAYS ENJOINEO
Supreme Court Decides He Must Not
Certify Nominations to County
Clerks.

Helena, Oct. 1S.-The antitrust
democratic and antitrust republican
state tickets will not appear on the
official ballots to be voted in Montana
at the election November 8, as the SUI
preme court has enjoined Secretary
of State Hays from certifying to the
county clerks and recorders such
nominations. The court announced
its conclusions on the matter at the
opening of the mornings session
yesterday in a verbal ruling promising
that a written opinion in the case
would be filed later.
Saturday afternoon when the court
took up the hearing in the injunction
proceedings instituted by John T.
Athey, of Great Falls, to prevent Mr..
Hays from certifying the nominations
of the two antitrust parties, it was
agreed between respective counsel
CudL ClS dISuAlCllIS WOulu NC COulkucu
to a motion made by counsel for Re-
lator Athey for judgment on the plead
ings.
They Make Answer.
Counsel for the anti-trusters and
the democratic state central commit
tee filed an answer denying umerou
allegations set up in Mr.. Athey's pc
tition relative to the irregularity OF
the manner in which the a~nti-trusters
had proceeded from the time their
convention was held in Helena last
December down to the time they had
filed their state tickets. The answer
set forth that upon belief these pro-
ceedings had been regular.
Attorneys M. S. Gum and H. G.
McIntire argued in support of Athey's
petition. They were opposed by for
mer Governor X. B. Smith and Albert
1. Loeb, who appeared for the demo-
cratic state central committee, which
was DESTROYS Of keeping the anti
trusters on the official ballot, and j.
NJ. Denny, who appeared for the anti
trusters. The arguments were quite
exhaustive and were not concluded
until after 5 o'clock, when the court
adjourned, taking the matter under
advisement.
Associate Justice Milburn an
nounced the conclusions of the court
at 10 o'clock. His announcement was
very brief. He said the court had
given the matter its consideration,
Judge Frank Henry sitting for CHIEF
Justice Brantly, who was disqualified,
and had reached the conclusion that
the motion for judgment on the plead
ings should be granted and that the
writ of injunction should issue against
the secretary of state. Justice Mil
burn said that a written opinion out
lining the courts reasons for issuing
the writ would be filed later. The
opinion of the two justices and the
district judge who heard the argu-
ments was unanimous.
Seven Tickets Left.
The ruling of the supreme court
| shutting of the anti-trusters from the
state ticket leaves seven tickets to be
certified down by the secretary OF
state: The republican, the demo.
cratic, the populist, the labor, the
| socialist, the socialist-labor and the
prohibition. The prohibitionists
have no state ticket, having filed only
the nominations of presidential cleo
tors. Secretary of State Hays must
/ certify down the nominations within
20 days Of election. He is now having
the official ballot printed and if he
receives the copy from the printer in
time he will make the c%ertification
some time Tuesday, unless other pro-
ceedings are begun against him.