The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1918-02-23
Recent Decisions of Federal Jurist IN
Sedition Case Cause Solons to
Demand Action.
Introduce Motion to Let
u. S. District Attorney
Investigate Charges in
Bourquin Motion.

Helena Feb. a2.--Following ono of
the most sensational actions ever
taken by Montana state Legislature
the request in form OF resolution
that the federal Judge of the Montann
district resign or be trnnRferred-AN-
ton was taken yesterday III the form
of n resolution by Representative Dct.
den Of Fergus who had emphatically
declared himself in favor of tho spirit
| OF the Buell. resolution. Representative
Ielden, at the opening Of tho afternoon
session moved:
That tho house OF Representatives
of the Montana fifteenth assembly In
extraordinary session express and cons
| Ney TO the United States district at.
| torney the desire that no takO al
! necessary steps for an appeal In the
! Hall and Just cases. or In q similar
case, to the United States court -ol
appeals In order that 1t might be de.
clared whether Judge George y.
i'onrunn is right or wrong In Ills con.
strnctton Of section three Of the fod.
eral espionage law" /.
Cases Referred to.
Judge Bourruin, in tho cases 70.
fcrred to. ruled that unless II could be-
proved that because a man had talked
against the draft some one had ro-
sisted It's operation. the person ac-
oused OF ubstruetng the operation OF
the draft had not violated tho law.
Speaking To his motion. which was
carried viva roee with no dissent, Mr..
BeIden declared that no presented Il
30 that the house might "in an orderly
way, register what Is In effect its
condemnation of the ruling Of Judgv
Eourqun.
we should endeapor TO abide by
the decisions Of tn. courts" he said.
"lf the higher court decides that Judge
Bourquin In right. we should abide by
his ruling. Perhaps the Hall and Just
cases may not be tried again, but
surely Mr.. Wheeler can find Soun0
similar case IN which tho ruling may
b" made, and which would govern tho
Montana federal court in future cases
/ Of that kind, Mr.. Whsclor should
have appealed these two cases. but
there Is no record that he has done
-o and he should have appealed them
NIfil'ht itfi lll'A W EtL iIt sukSU8lVu
from III. But he hasn't, and there.
fore, We may with propriety act on
ihIn resolution as the accredited rep.
! r"s"utatires Of the people of this
! ntatr"
Tn" Buell. resolution was referred
| I" committee No. Of the house, Of
hich the members are these:
Comr,itte MEMBERSHIPS.
Lennon Of Deer Lodge, chairman:
NTnc8on Of swecterass; Ashby OF
! Lewis ana Clark; Buell.. Galiatin:
'Hrn""rth, Rosebud; Domci, Yellow
stone; Farmer. Cascade; Harbert,
tlathcad. Higgins. Mlssoula; Holt.
| '""cHd', Huffaksr, Lewis and Clark;
! Huld saltwater: Lanstuim, Lewis
'ud clark; Lars, Sanders, Lewis,
! l'houteau, mason, Missoula; Raincy,
Dawson; Scott. Big Horn; Seltnan.
! NrIhg. spain, GaTIatin; Well, Lincoln;
/ " hit, Fergus.
| Shr Introduction Of the resolution
| cam just at the end of long morn.
iur session which had been opened
| "ith patriotic exercises for Washing.
| toms birthday. and had been con-
! Timed with the taking ~ testimony
! ~ tn" trum hcaring. There was not
| IT." slightest warning when IL was In.
| 'roduceu. The motion to adjourn was
in order, and a number of the repre-.
ScntatiVos already we're on their feet
Hh"n M. Buell. arose.
i desire" he announced to the
speaker ito Introduce a resolution
| withou. previous notice"
Reading Cause. Excitement.
! Permission was granted, and there
were slight expressions Of disappruval
that the morning session be prolonged.
slight attention was paid ~ Clerk
Tracy began reading tho title, but,
when the fun import OF what was
coming was known. there was a sen
Sation. Suddenly the whole hous<
over which had risen the muyynur d
/ suhdueG conversation, became sim
Members scarcely moved. The crowds
galleries were listening. The clesi
read:
, Whereas, the Interpretation OF IN
aforementioned section OF the esnl
i onage law OF the United States ny tl
K judge of the United States tlistri{