The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1910-07-22
LEGAL FIGHT
AGAINST ROACH
How Republican Lawyers Forced The
Issue in the Supreme Court
All Doubt About Halliburton Proceed.
ure Settled in Advance by a
Motion to Dismiss Il.

w hssss Nv
Jefferson City, July 1S.-Up to
this date the Republicans have NO
cause for encouragement in the
matter of the proposed senatorial
districting amendment. The COM
mittee having the matter in charge
anticipated the action of Roach
and Major, knowing that they
would be relied upon by the DEM
ocratic politicians to prevent, If
possible, the submission of the
proposition to a vote of the peo-
pie. The amendment was drawn
with a view of leaving no peg On
which these Democratic officials
could hang a valid legal objection.
Every one of the ID objections
to the filing Of the petition given
by Major TO the supreme court
was discounted in advance by the
committeeman. The strongest
point made by Major is that the
proposed amendment covers two
propositions, one to create new
districts, the other to provide a
method for their decennial read
justment. The supreme court
passed adversely upon that OBJ
lection in a practically similar
case when it held that the capital
removal amendment was legal, al
though it involved two distinct
propositions.
After Roach had formally re-
fused to file the petition for sub
hitting the proposed amendment
under the initiative law, his per-
sonal and political friend and
neighbor, Judge Halliburton, of
Carthage, filed a suit in the
preme court asking a writ of man
damus to compel Roach to file the
petition. OF course this vas rec
ognized as a suspicious move be-
cause the initiative and referen-
dunn law gives the circuit court OF
Cole county jurisdiction over such
a proceeding, and because Halli-
burton was known to be acting in
conjunction with Roach. The SUI
preme court set July 10 as the day
for hearing the Halliburton suit.
The law lirnits the time for bring
ing such proceedings to ten days
after the filing of the iniative pc
tition, which, in this case, was
July II. AS the supreme court had
not accepted jurisdiction and
might not do sc on the 18th, it
was necess airy for the Republicans
to yet THAT suit out of the way
or to obtain assurance from the
supreme court that it would be
heard and determined on its mer-
its on the day set. Hence Hon.
Homer E[all and Judge Brown, for
Chairman Walter s. Dickey, filed
a motion in the supreme court to
dismiss tine Halliburton proceed
ing. The court promptly passed
on the motion, refused it, and an
nounced that it's jurisdiction is
beyond question and would be as
sumed, ard that the whole mat
ter would be heard on it's merits
on the 19ith and thereafter decid-
ed. So sthe Republicans, by fill
ing that motion, bound the court
and made it impossible for Hal
hburton, if so disposed, or any
one else,, to secure a dismissal of
the proc seeding or to use it as a
means of destroying the legal
remedy of Mr.. Dickey and his as
sociates against Roach. 1t was a
decisive victory, from the stand
point CT Mr.. Dickey's attorneys.
Whatever may be the final out
come the Supreme Court was thus
made 'arbit er of the whole matter
and it was removed from control
OF the Den nocratic officials and
politicians; and it is fair to pre-
sumo that ithe court which is to
decide it Isl beyond their control.
Ever Since this senatorial dis
trictiIng movement was started by
Chairman Waiter s. Dickey and
the, State Committee the DEM
ovratic politicians have been
greatly alarmed. They know that
tine people are eager to destroy
the authority uncler which three
Democratic state officials have
three times in thirty years gerry
wandered the senatorial districts
and robbed 1.-THE people Of all other
parties of representation in the
State Senate. They began prepa-
rationIs to prevent the submission
OF tine proposed amendment to
the ronstit nt;ion as soon as the
petitions Were put in circulation,
Too muc,i praise cannot be ac-
corded Cha irman Walter s.. Dickey
and his co workers for the splen-
did work they have don elm this
matter. III ey have made an issue
between th Republicans and the
Democrats III uat cannot be lodged