The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1924-02-21
POPLAR APPEALS
TO SUPREME COURT
FILES NOTICE BUT BOND TO
COVER COSTS HAS NOT
BEEN OFFERED

of the supreme court in the Poplar
Wolf Point county seat contest. |
marks the opening Of new chapte
in that celebrated case and gives no
tice of Poplar's intention to appea
from the decision of Judge George
A. Horkan, before whom the contes
in district court was tried
To put the public in touch with
the story of this battle few facts
from the past history of it are men.
toned.
Wolf Point won the election held
Nov. 7, 1922, by majority of 1872
votes. The old board of county com
missioners endeavored to throw out
three precincts and not canvass the
supreme court compelled them to do
so. Poplar secured from Judge
Conner temporary injunction pre-
venting the offices from being moved
to Wolf Point. Judge ]. J. Greene
of Choteau was called in to preside
at the preliminary hearing on the
temporary injunction. This hearing
began December 20, 1922, and was
concluded on the 29th. The decision
was that the injunction be continued
during the trial of the general con-
test. Judge Greene was disqualified
and Judge George A. Horkan of For
syth was called to the bench, the
trial of the contest beginning Aug.
80, 1923, continuing until October
6. The briefs of the opposing coun-
sci were in the hands of the trial
judge October %.
Courts Findings
Although occupied almost contin-
uously by three terms of court in his
own district, Judge Horkan rendered
his findings of fact on Feb 8th and
signed the judgment and decree a
few days later. The courts findings
of facts have already been reviewed
in these columns. They disclose alb
solutely nothing in the opinion of the /
court to reverse the result of the
election, but, on the other hand,
make Wolf Points position as victor
more secure and increase her major
ity over Poplar by five votes, in
creasing her majority to 1877. The
court found the case barren of any
evidence of fraud or collusion. Lack
Of qualifications of one kind and an
other caused the court to cancel 21
of the votes cast by Poplar and 6
Of those cast by Wolf Point. AS for
methods of campaigning employed
by the two towns the court finds
them both in the same boat, both
waging a vigorous campaign, with
Poplar's use of money and methods
If persuasion showing up greatly to
is discredit.
In brief the court finds that Pop
ar as plaintiff did not come into the
.ourt with the clean hands required
# it in such an action and therefore
vas not entitled to any relief. The
Iecision was decisively for Wolf !
'oint on every count, and dissolved
he injunction holding the offices at |
he temporary county seat. Judge
Iorkan later advised the county at
orney that the injunction had been
issolved and that no stay was at '
ached to the decision.
Citizens of Wolf Point who were I
eeping in touch with the situation Il
ought the advise of counsel in the
natter and decided there was no
ar to the removal of the records es-
ential to make transfer of the seat .
{ government. That they were cor =
ect in their conclusions is proven by u
ne language of the supreme court
rder already mentioned, which re- Fl
ers to the injunction as having been il
ssolved by the district court on v
ebruary s. A portion of the records IL
the clerk and recorder and of sew T
al other offices were brought to b.
Tolf Point accompanied by the Off o.
ais. pl
The Poplar newspapers issued last til
eek make loud and lengthy claims al
at the removal of the records was 1T
by "mob" and accom- he
lnied by force, coercion and threats
i'd that the effects of the offices
ere thrown about and recklessly tn
Lndled. Each and all of these OF
atements are false, a miserable nc
ess of lies and Misrepresentation a
AIMED up by a desperate gang to tr
axe an impression on the home II
ks and bolster up their own sag rlt
ng spirits. Such rot has always an
en- their stock in trade and is not WI
nth the time it takes to deny it, WI
Real Mobbing IN
The only mobbing that was done SIG
that eventful Monday fell to the
of Poplarites and the only threats At
me from their own angry throats. ha
eorney Hallett, there on proper nm
al business, was followed to his dis
n and bombarded with the foulest orr
thets experienced tongues could to