Helena weekly herald. [volume], October 31, 1889, Page 2, Image 2

About Helena weekly herald. [volume] (Helena, Mont.) 1867-1900

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THE BOARD'S ANSWER
The Mandamus Case at Butte Ap
_
Butte, October 30. —[Special.]—Just be
Mandamus Case at Butte
proaching Conclusion.
fore court adjourned yesterday afternoon
the attorneys for the Silver Bow board of
canvassers filed the following answer to
the writ of mandate ordering a count of
he vote from precinct 34:
In the District Conrt of the Second Judicial
District of Montana Territory, in
and for the Connty of Silver Bow.
The People of the Territory of Mon
tana, at the relation ot John J. Me
Hatton, vs Wm. M. Jack. . E. Hall
and Caleb E. Irvine, the Board of Can
vassers in and for the County of Silver
Bow, Territory of Montana, for the
election held on the first Tuesday of
October. 1389, Respondents. __ j
Now come the above named Wm. M.
Jack and W. E. Hall, a majority of said
Board of Canvassers, as such board, and for
answer to the alternative writ of mandate
in the above entitled proceedings deny :
First, that the clerk of the Board of
County Commissioners, or the County Clerk
of the above county, received by mail the
returns, or what purported to be the re
turns. from voting Precinct No. 34, in Sil
ver Bow county. Montana Territory, tor
the election of October 1,1889, or that he
received said returns by mail, duly sealed
and addressed to him. the clerk.
Second. They deny that when said re
turns, or what purported to be said returns
from said voting precinct, were opened
they were found to be regular, or in sub
stantial compliance with the requirements
ot law.
Third, They deny that said returns con
tained the proper tally sheets or exten
sions, or the names ol the candidates voted
for, or a proper return of the number ot
votes received by each candidate,expressed
at full length, set forth by the persons or
officers required to do so by law. or that
what purported to be a return of tüe votes
cast at the said precinct 34, were returns ot
said votes at all. They deny that said
votes were duly certified to by said judges
and clerks wno held said election, or by
said clerks of tltction at ail in any man
ner.
Fourth, They deny that said tally sheets
or returns,or either, described m said alter
nate writ of mandate in the above proceed
ing. were upon proper blanks.
Fifth, They deny that from an inspec
tion ol said returns it could lie easily ascer
tained the number ol votes cast, or for
whom cast.
Sixth, They deny that by reason of said
Board reiusing to count or canvass the said
pretended returns ol said voting precinct
34, in said Silver Bow county, said relator,
John J. McHatton will be defrauded in his
election to the office of District Judge as in
said writ described or taat he has not a
plain, speedy and adtquate remedy at hand
and lor a lurther answer to said alterna
tive writ ol mandate respondents set forth
tat at voting precinct No. 34 in Silver
u.ai ai >uuug u 1 I
Bow County W. A. Pennycook, W illiam
Reagan and John Morrison were judges
of election and Thomas O'Keefe and A. M.
Anderson clerks ol election ; that there
were more than 100 voles cast at said pre
cinct to wit, 174 ; that what is purported to
be the returns from said voting precinct
showed upon their face that they were not
made out by the clerks ot said election at
said precinct ; that they were not certified
to by said clerks and their signatures at
tested to by the said judges of election;
that the names of the persons voting at
said jrecinct were not written down on
the poll books of said preciuct by said
clerks; that the tally list of votes, as
counted by the judges ot election at said
precinct, were not made or kept by said
clerks of election at said precinct ; that the
said clerks in no way participated in the
canvass of the votes or said precinct, or
participated in making out the returns of
votes cast there at said election.
votes
Respondents further set forth as an an
swer to said writ that what purported to
be the returns of the votes of said Precinct
No. 34, of Silver Bow county, Montana
Territory, were not the returds of the votes
cast at said precinct at said election on the
1st day of October, 1889, and for a further
answer to said alternative writ of maddate,
respondents set forth that they were en
trusted by law with the duty ol determin
ing what were the returns ot the votes from
said Precinct No. 34; that in performing
this duty they examined wbat purported
to be the returns from said precinct and
what were presented to them as such re
turns and estimated that they were not the
return of the votes cast at said precinct;
that upon the face ot said returns it fully
appeared that the list of persons voting at
said precinct were not written down by the
clerks of said election precinct, neither
were the names of the candidates voted for
written down by them, nor were
the votes of each candidate voted
for received written down by them,
that said returns were not certified to
by said clerks ot election of said precinct
nor were me signatures of said clerks at
tested by the judges of said voting pre
cinct; that for the purpose of explaining
the defects which appeared upon the face
of said returns, me said Board of Canvass
ers received the affidavit ot one Wm.
O'Keagan. who was one of the judges of
said election at said voting prtcint, from
which it appeared that said clerks ot elec
tion of said Precinct 34, did not participate
in the canvass ot the votes at said precinct
and could not know ot the correctness of
said canvass; that said clerks were exclud
ed from taking any part in said canvass
and irom the room, as were all others
where said vote was pretended to be can
vassed ; that said Board, also with a view
ot identifying in said returns and ascer
taining if what purported to be said re
turns were in fact the returns ot the Vîtes
of said election precinct and lor no other
purpose received the affidavits ot seven
electors, from which it appears that they
each voted for all ot the Repub
lican candida'e* on the official ballot
which they each cast at said precinct; that
what purported to be the returns ot said
votes of said precinct returned only three
votes cast for the Republican candidates tor
State officers; that said pretended returns
show that more votes were counted lor
some of the members of the Legislativ#
Assembly than the number of votes cast at
said voting precinct; that for these reasons
they determined that said pretended re
turns presented to them as me returns ol
voting precinct No 34, for said Silver Bow
county, were not the returns ot said pre
cinct, and retused to c uvaos the same;
wheretore détendant board demand that the
said writ be discharged and it go hence and
tor its costs.
tMgnee) HlRA.il KNOWLES,
Thompson- Campbell,
Attorneys tor Defendant Board.
Seriously III.
Washington, D. C., Oct. 30 —The news
from Wm. R. Wharton, assistant secretary
of state, is not reassuring. He ha9 suffered
a relapse and has been compelled to take
again to his bed. Much anxiety is felt as
to the result of the attack.
Forest Fires.
Faribault, Minn., October 29. —Many
fires in tne swamps and forests are doing
more damage each day. The great marshes
around Rice, Mud and Watkins lakes are
horned over, together with many tons ot
bay. At Mud and Cedar lakes the woods
have been on fire and over 1,000 cords of
wood were burned. Mach hay was also
burned in this vicinity.
ELLIOTT AND FREE TRADE.
Judged by the great rejoicing in Demo
cratic circles over the announcement that
President Elliott, of Harvard [University,
would support the Democratic party here
—----,------------ >
ar e all men of learning, character and influ
- • " ■ - —
after on account of its advocacy of free
trade, one would imagine that this was a
great and new accession. But when it is
known that President Elliott has but one
vote and that he has cast that vote for
Cleveland both times when he was candi
date for president, the occasion for such re
joicing shrinks considerably in its import
ance.
We have neither the disposition or de
sire to underestimate the character or in
fluence of President Elliott, any more than
that of David A. Wells, Professor Sumner,
of Yale, or Prof. Perry, of Wllliams. These
„ nf ,a
CULC
eace. But they are all closet scholars
rather than political statesmen,accustomed
to theorize from maxims furnished by
English writers.
Like all men not engaged in or familiar
with practical business, they reason as if
all men like themselves had a fixed salary
or income, and the cheaper prices could be
made the further of course their salary
would go. Even in this direction they
only regard immediate effects and take no
account that actual experience has demon
strated over again and with one uniform
result, that protection leads ultimately to
the protection at home ot cheaper and bet
ter articles of consumption.
So long as we were colonies ot Great
Britain the English did not condescend
to reason with us on the subject, but by
law compelled us to patronize the Briti-h
manufacturers for everything, confining us
to the production of raw material, which
should give profitable employment to
British commerce and manufactures. What
British statesmen and armies could not ac
complish has been turned over to the school
men with apparently greater success. All
that Great Britain wanted of us colonies
was our trade and the revenues derived
therefrom. If she could get this without
the cost of maintaining fleets aad armies
our independence would be merely nomi
nal to us and ot increased benefit to her.
What the men of Massachusetts won at
Lexington and Bunker Hill, men like El
liott would surrender up without a contest
or question. Political independence is not
a tenth part of what we fought for in 1776.
Political independence is a delusion, if not
an impossibility, without material, com
mercial, industrial and financial independ
England has cheaper capital and labor,
but she has no other advantages, and with
proper protection there is not a single
article that we buy from England that we
cannot pioduce just as good for ourselves
at home, where we should be furnishing
employment for our own workingmen and a
home market tor more agricultural pro
ducts. If necessary for a time to pay a
little higher price for a protected article,
we pay that higher price to our own peo
ple and the money stays in the country and
indirectly benefits all. Besides this, we
know from uniform experience that when
once we undertake any line of manu
facture and invite mechanical skill to aid
us increase production and diminish cost
we never fail to accomplish the object.
Thus while increasing our independence
of foreign supplies, we increase our wealth
at such a wonderful ratio that statistics
can never keep pace with the enumeration.
Foreign commerce does not grow as fast ss
it would with the opposite policy of fme
trade, no doubt, but it gives greater de
velopment to interal commerce, which is
the more profitable of the two. Since the
result of the last election has demonstrated
that the American people are determined
for industrial and material independence
we have seen a constant influx ot British
capital, which shows itself as anxious to
escape from a land of tree trade
as labor. We have never done
as well before as under all our
various experiments of low tariff, revenue
tariff, or free trade, as we are doing now.
There is no other nation in all the range of
recorded experience that ever has grown
rich so fast as we are doing at this time,
not even excepting Rome when at the
summit of her strength and her armies
were confiscating the accumulated wealth
of all other lands.
It would take more than all the argu
ments of all the schoolmen in the world to
break the force of such an array as the
experience of this country can supply tor
the past quarter of a century. An ounce
of experience is worth a ton of theory.
We do not as some Republicans say that
we are glad that President Elliott has
come out a full-fledged and flat-footed
Democrat. We regard it as a serious mis
fortune. Men of trained intellects ought
to be able to break through the meshes of
sophistry. The tendency is to make our
most ambitious young men despise the
learning of the schools when they see bow
little it can do to keep men sound and
level headed.
We hope President Elliott's advice to the
Democratic fold will have tome elevating
influence where it is so sadly needed. Yet
we are constrained to believe that the
bruiser. John L. Sullivan, could poll five
Democratic votes in the city of Boston to
every one for Prof. Elliott.
The Democratic candidate lor Congress
in North Dakota affirms that with $50,000
the Democrats could have carried that new
State Considering that bis Republican
competitor had about 15,000 majority
Maratta must think voters are cheap in
Dakota. The Democrats in Montana spent
four times $50,000 and still failed to carry it
This would lead to the inference that Mon
tana is more reliably Republican than
Dakota. We do not think so.
The Democrats confess to much disap
pointment at the knock out scored by
Knowles in the legal tassel at Butte this
morning, but the defeat is on a technical
point, they insist. The party managers
are confident that Judge De Wolfe] will be
all right when the case is heard on its
merits.
Highest silver
mon the—94.
quotation for many
WHO ARE ELECTORS? I
In all this discussion concerning the al- j
leged returns from Precinct 34, their mam- |
fest shortcomings as returns and the many
frauds which stain them, one fact should
be emphasized which is greater than and 1
above all other facts connected therewith, |
and that fact is that, with possibly a few
exceptions, the men who assumed to vote
there and at Goldflint and elsewhere along
the line of that road and at McCone's
wood camp had no right to vote in Mon
tana at all. It is not a qnestion of ina
bility to read nor of naturalization, but a
question of residence. These men do not
live and have no residence at the places
named. There is no settlement at Home
stake tunnel which would justify this vote;
the men are there without intent to re
main and make their home there. When
the tunnel is completed they move on to
other places, inside or outside of Montana.
Indeed, a large majority ot them have
gone already. It is the permanent
residents of Montana only who are
entitled by law to vote within her limits.
It is not the denizen, but the citizen who
is entitled to vote here. The man here
temporarily is no more entitled to vote
than the passenger through the Territory
on the railroad train. We leave out of
account the fact that the most of these
fraudulent votes came to Montana from
Minnesota in Jane and July last. We say
they came here for a temporary purpose;
that they live in other States; that they
never intended to stay at the places where
they voted at all, but to pass on soon as
their job was finished
This is a rule of universal obtaiument
elsewhere, and it is the law. But it is dis
regarded in Montana, and in the eagerness
to get votes hundreds of men vote without
permanent interest in the welfare of our
people. It is no answer to say they have
no other home—the requirement is they
must have a permanent home in Montana
and iu the precinct where they register
which these men had not. Many of
these men have families elsewhere to
whom they contemplate an early return.
The permanent citizens of Montana will
not long consent to be oversloughed by men
who accidentally and for a short period are
here. They do not stay to endure the
consequences of political action, they are
not permanently identified with onr peo
pie, we do not know them nor they ns;
their attempt to cont.ol our policies by
voting is an unlawful impertinence, nor
does the law as it now stands justify their
voting. It is an abuse or a violation of
the law that they are allowed to vote at all,
and it should be stopped. If some of these
contestants would raise this question and
get a decision upon it which should correct
the demoralization which characterizes our
elections and the temptation to wrong our
people by the interpolation of foreign in
fluences therein they would be bene
factors to whom thanks would be due
from all good people of every party
Steel, Democratic committeeman, shows
by memoranda kept in his own handwrit
ing, portions of the election boodle dis
bursements and to whom they were ap
portioned. Among Northern Pacific em
ployes—conductors, roadmasters. bridge
builders, etc.—$1,700 was placed, in lots of
$200 and $300, in these immediate parts.
Here are the names and sums a? reported
by Steel himself;
Hogan. $200.
Bear, $200
Loseby, $200.
McLaughlin. $300.
Laughlin, $200.
Russell, $200.
Cunningham. $200
Dempsey, $200.
These names correspond to Northern Pa
cific employes, as follows:
Hogan, a roadmaster on the Northern
Pacific from Helena to Livingston.
Bear, a conductor on the Northern Pa
cific from Helena to Billings.
Loseby, a conductor on the Northern Pa
cific from Helena to Billings.
McLaughlin, a bridge superintendent on
Northern Pacific for the Rocky Mountain
division.
Laughlin, a conductor on the Northern
Pacific from Helena to Billings.
Russell, a roadmaster on the Northern
Pacific from Helena to Drummond.
CunniDgham, a conductor on the M estera
division of the Northern Pacific.
Dempsey, an engineer lor the Northern
Pacific on the run from Helena to Living
ston.
The report is that at least two of the
above named parties who have seen the
published list of disbursements disclaim |
having shared in the boodle to the amount !
s*ated—in fact, that they received any part
of it. And yet their names are checked off
with the others as having got the money
put into Committeeman Steel ? s hands as
their part of the swag. Unquestionably |
the full aggregate §um was charged up to 1
the bosses, and if perchance any one or two
or more of the claimants failed for any i
reason to receive the sums set opposite
their names they doubtless can secure pay- i
ment by calling on Mr. Steel and request- j
ing him to settle the account.
More recently, since the election and
Silver Bow canvas-*, boodle disbursements
have shifted to Precinct 34, where the
Democratic affidavit machine has been
kept in motion for days turning ont evi.
dence intended to ehow the Homeetake
vote as hones - as it was solid for the Demo
crats. On this evidence DeWolfe, Demo
cratic judge, hearing the case to-day at
Butte, is relied upon to say, "Precinct 34 is
all right; canvass the return."
The Herald is indebted to a veteran
Iadian journalist, a sojourner in Helena
for the anecdotes related of General Grant,
printed in another colamn. They are true,
oiigical, and have the further merit of be
ing well told.
Says the Boston Journal : "New York
ought to be able to plank down $20,000,000
for the World's Fair." The difference be
tween what New York ought to do and
what New York will do, is about $19,647,
000 . ' _
The Hon. Hannibal Hamlin is a mem
ber of the committee th-t will solicit gifts
of cakes, pies, donghnnts and other eatab les
for the coming G A. R. fair at Bangor,
Maine.
SHIFTING THE RESPONSIBILITY
Difcpatchee from Waghington ^ every
indication of ^ing inspired from Montana
aQd do nQt look weU to Montana readere .
We a]1 knQW hefe for there Q0
made Qf ^ ^ ^ ^ delay Qf ad .
mUsion of Montana ^ cmA
is caused solely by
three or four Democratic county clerks pur
posely withholding the returns to prevent
the action of the Territorial canvassers.
This is done in order that certain legal pro
ceedings which are expected to decide the
election controversy in Silver Bow county
may be concluded or put in better shape
before admission terminates the tenure of
all the present judges.
The insinuation that the delay is in
spired at the suggestion or in the interest
of Russell B. Harrison is a wanton, base
less pretext to avert attention and natural
indignation from its proper objects. There
is every reason to believe that the facts of
the situation are fully understood at Wash
ington. and that the game of the conspira
tors will ignominiously fail.
The President is not in such precipitate
haste to issue his proclamation that he will
not wait a reasonable time and use all
reasonable efforts to secure definite and
reliable returns of the resslt in Montana.
There is to be no extra session of Congress,
and there is yet ample time to do all that
is necessary to be done and have the Sena
tors and Representatives ready to take
their seats at the opening of Congress.
We gather this from the dispatches from
Washington, that when the admission of
one ot the new States is proclaimed that
of all, Montana included, will be pro
claimed at the same time, and those who
are purposely keeping back the returns
will only succeed far enough to exhibit
their reckless partisan purposes and call
down on themselves the execrations of all
disinterested persons in the four States and
make a record for themselves that will not
wash out or be forgotten.
FIGURING ON THE NEXT »'RES
IDENCY.
A great many newspapers are devoting
considerable space to the calculations of
ingenious speculators upon the next Presi
dential election. They are all, so far as
we have seen, been based upon the assump
tion that there will be no farther change
than that which has been effected by the
admission of four new States. We see no
ground for such an assumption. The cen
sus is to be taken next June, and so far as
the enumeration of inhabitants is con
cerned will be completed so that the new
apportionment can be made at the second
session of the Fifty first Congress. This
can be done in time to give every State
legislature an opportunity to redistrict the
State according to the new apportionment,
and still be ready for the election which
occurs in 1892.
There is no doubt that there has been a
large increase in the North above that in
the Southern States, nor is there any more
doubt that this increase has been greatest
in the West and Northwest, which are
most strongly Republican.
In addition to this it is reasonably cer
tain that Idaho and Wyoming and possi
bly New Mexico aud Arizona will be ad
mitted as States betöre another presiden
dential election occurs.
In view of these probable changes in the
basis of calculation, such speculations on
the result of the next presidential election
are very idle diversions.
i
i
j
Chairman Seligman continues the
special object of Democratic wrath. He
has had the nerve to expose in all its
hideousness the Democratic conspiracy
aimed at the theft of Montana and its con
version into the rottenest of rotten
boroughs, as well also to point out and
specify the corrupt methods by which the
Democratic bosses attempted to carry the
election and profit by the fruits of the un
holy alliance of the Big Four. The local
organ is particularly enraged that the Repub
lican chairman should confront the boodlers.
name their crimes and boldly proclaim and
denounce them through the land. The,
Democratic indictment is a severe one, but
it is fully, abundantly warranted by tbe
actnal facts disclosed before and following
the election. Chairman Seligman is Dot
the man to quail, even in the presence of a
conspiracy which arms itself with threats
and appeals to violence to attain the
nefarious ends it cannot hope to reach by
honest means. Chairman Seligman's letter
stages the situation with force and direct
ness and in most of the counts covers the
ground.
Inter Mountain : There is a great array
of legal talent in Butte today from
Helena. Same of the visitors are honor
able gentlemen whom the citizens of Butte
are -ver pleased to welcome. Ot the rest
of them it may be said that their presence
has not improved the moral atmosphere
and bas resulted in nothing so tar except a
bad smell. The reputation of the average
Democratic politician does not smell like a
rose geranium ander any circumstances
and his presence generally calls aloud for
disinfectants
Wm K. Vanderbilt's coaching party,
which left New York for Vermont last
week, arrived at Burlington in safety. At
Caldwell, on Lake George, 'hey registered
at the only hostelry open at this season—a
small country hotel reputed to furnish ex
cellent wines. One small, frightened maid
servaed as waitress to the whole party, the
members of which were obliged to leave
the table and skirmish around the dining
room in search of pepper, salt and other
necessaries.
Inter Mountain : The Democratic party
has had a corner on all the election frands
ever committed In this Territory, and it
now wants to make the record complete by
the coanting of the returns from the Tun
nel precinct, where, daring the count, the
pnblic was locked ont, the clerks were ex
cluded and paper was pasted over the win
dows. __
Knowles and Campbell appear to
have no particular trouble in knocking out
the whole Democratic Bar on propositions
of law.
So the lawyer sits down, pleased with the
REDLCTIO AD ABSURDEM.
The performances yesterday in the Dis
trict Court of Butte illustrates what all
lawyers affirm is a defect of the judicial
habit of Mr. Justice DeWolfe. On a
motion to quash all that had been done in
the case and to arrest further progress
therein because of the interest which he
had in the case, the judge will hear no
authorities because he says he can actually
see the point without them, and so he
shuts off the counsel armed with decisions
which show all he has done is void and
that his further action would be a nullity.
:
sagacity of the most learned judge. But
after a meal back comes the justice, and
without saying to the lawyer, "I will hear
your authorities," he flops, waives his
right as if it were a mere horse trad**, and
orders the farce to proceed.
The proceedings to the dinner hour -.ere
null and as if no proceedings were had,
and Mr. Justice DeWolfe is not can&ble ot
breathing into them a breath of lile. But,
presto change! the wizard on the bench, so
interested that he cannot make a valid
move, by some process not set down in the
books, and incapable of comprehension,
evolves from nullity validity, from chaos
order. He decides that if the question to
be decided is whether he is to have 171
votes from Homestake tuDuel, he cannot
act, and that question turns on whether a
certain paper saying he had that number
of votes there is a valid return or no, and
he proposes to validate that paper by a de
cree. It cannot be made the duty of the
board to count one man's name on that
paper aDd omit others ; it is their duty to
count all or none.
These are fine points, hair-splitting dis
criminations, colosszl absurdities and the
vulgar and profane laugh and laymen jeer.
The lawyers conducting the case .for the
Democratic bribers and conspirators will
stop at no cruelty toward DeWolfe. T hey
act as if they desired to break him on a
wheel, and in a futile effort to bolster up a
hopeless fraud he seems to be a willing
victim.
Had an impartial judge stepped on the
bench yesterday noon to try this case he
would have wiped off the slate all former
proceeding and began anew. He could not
have given vitality to the preceding nul
lities. But DeWolfe can or thinks he can
or at least is ordered to act as if he thought
he could, and thnt, too, in the face of a
statute which provides isec. 547, code),
"A judge shall not act as such * * * in
any action or proceeding * * * in which he
is interested."
There is retribution for such usurpation,
and the expiring kick of the Democratic
party in Montana harmonizes with their
entireexistence and denies them the compli
ment which charity would not willingly
refuse, that nothing became them in life
like leaving it.
The coming Ohio Legislature will choose
a United States Senator, and he will prob
ably be a Republican. The practice of al
lowing Democratic boodlers, tally-sheet
forgers and ruffians to secure the Legisla
ture which was to elect successors to Dem
ocratic Senators will likely be balked this
year. It would have been broken up years
ago if the Republicans had shown the
earnestness and vigilance which they are
displaying now. Let the Ohio Republi
cans beware of the over-confidence of Re
publican Montana at the recent election
and persist resolutely iu their determina
tion to look after the fortunes of every one
of their legislative candidates and their
State will be redeemed from the disgrace
of having its delegation in the Senate
divided between the parties while its elec
toral vote always goes to the Republicans
The honors of college life are beiDg
showered thick upon the colored race. The
senior classes of Harvard College and Cor
nell University have elected negro orators
for class day, and Yale, not to be outdone,
has pat one in her foot ball team. In the
physical domain, therefore, as well as the
intellectual, the colored undergraduate is
getting a fair show at the leading civil in
stitutions of learning, even il his chances
of a military training at the government
expense are somewhat slim.
AT the banquet in Chicago to the Pan
American congress delegates Tuesday Sena
tor Farwell made a notable speech. "We
mast offer to yon oar exports," he said, ad
dressing the Central and South American
delegates, "as cheaply as others do, and to
that end I shall favor such legislation as
will briDg about this result, even to the
extent of uninterrupted trade between all
the countries of this hemisphere."
It is to be hoped, says the St. Lonis
Globe- Democrat, that the election frands in
Montana will be thoroughly investigated,
not only in the general interest of good
government, but also for the special pur
pose of showing how such frauds caD, or
can not, be perpetrated under the Austral
ian voting system.
Will some logician tell by what trick of
legerdemain Judge DeWolf, who decides
that because of his interest in a case he
cannot act therein gets that case into such
shape that he is competent to act therein.
He has probably filed a release.
I
The Democratic buncos« are gathered
in force at Butte, aud for all it is worth are
playing tbe confidence game npon the
court. The steerers are unremitting in
their work and every one of them is san
guine of victimizing the Judge.
When Judge DeWolfe had concluded
his remarks yesterday the countenances
ol the Democratic barristers grew so dark
that the Sheriff thought seriously of light
ing the gas to facilitate the exit of the au
dience.
Will DeWolfe's paw rake the Demo
cratic chestnuts out of the conflagration ?
The boodlers and boosters all think so. To
their mind it is all right if it isn't their
paw that is going to get blistered.
"It was more mass than mandamus,"
aay the Silver Bow lawyers.
FIRST ROUND.
Judge Knowles Scores a Point for the
Bepublicans on the Jump.
: Democrats Nonplussed, and Judge Dei
Wolfe Adjourns Court Till
Afternoon.
BtTTE, October 28.—[Special.j—Judge
Knowles, of counsel for the Republicans,
scored the first point in the legal battle
over precinct 34. The writ of mandamus
was brought in the name of the people of
Montana, to which Knowles and Campbell
objected, making the point that it should
be in the name of the Territory. They
presented such a showing of authorities
that DeWolfe was compelled to sustain the
objection, much to the dismay of the im
mense array of Democratic - , 'V«al talent as
sembled, all of whom were nonplussed by
this unlooked for attack. The Democra's
immediately moved to amend the writ
Knowles and Campbell objected, and the
court adjourned till 2 o'clock, with the Re
publicans on top. The general opinion is
that the writ cannot be amended, iu which
case they will have to try again, as they
will be knocked ont in this particular case.
NONPLUSSED AGAIN.
Judge DeWolfe Decides That the
Democrats Can Amend But
the Republicans Move to
Quash
I
Butte, October 28.—3:30 p. m.—[Spe
cial]—Judge DeWolle has decided that
the Democrats shall have leave to amend
the writ of mandmus which was knocked
out this morning by the Republicans on ac
count of gross irregularities. On hearing
this decision, Tnompson Campbell, counsel
for the Republicans, moved to qnaeh the
writ. This motion fell like a bombshell - |
as it will, if sustained, drive the Demo
crats ont of court, at least
on this particular case. After some hem
ming and hawing on the part the Dem
ocratic lawyers, who are evidently non- |
pluBsed, the court decided to entertain Mr. !
Campbell's motion and adjourn until ten
o'clock to morrow when the argument (
upon the case will be commenced.
Thns ends the first day in
the great case, and it is patent to all
that the Republicans are on top as far as it
has gone. The result is most gratifying,
as the Democrats had an aggregation of
legal talent from all over the State to
fight their battle. To oppose them only lo
cal lawyers, Judge Knowles and Thompson
Campbell, are managing the case for the
Republicans. All Batte feels proud this
afternoon that her home talent has met the
All-Montana combination of Democratic
lawyers in the judicial arena and fairly
driven them from the field on the first
joust.
!
I
I
THE MANDAMUS CASE.
Continuation of the Legai Battle Be
fore Judge DeWolf.
Butte, Oct. 29. — [Special.]—After the
decision of the court last evening that the
writ of mandate was amendable, Attorney
Campbell, one of counsel for the Canvass
ing Board, read the following motion :
"New come the defendants, by their at
t rneys, Hiram Knowles and Thompson
Campbell, aud appearing for the pur
pose of motion ODly, move the court to
qrash and set aside and discharge the
amended writ of mandate on the folio wir g
grounds, to wit, that the said court has not
jurisdiction of said delendant board, or of
said defendants, or either of them, on the
following grounds, to-wit: First, that the
said writ is made returnable at an earlier
day than the return authorized by
law. Second, that there are two
other writs other than the one herein
now in force commanding the same
act to be done ani performed by the rame
defendant as herein and returnable at an
other day, to-wit, November 7, A. D. 1889,
before the same coart,same judge. Third,
that the judge of said conrt was at the
I date of the issue of said writ herein, wholly
disquallified from acting as such judge
aad issuing of said writ because of his
then interest in the result of the proceed
ing to enforce the same. Fourth, that the
judge of said court is tow wholly disquali
fied from sitting as such judge in the hear
ing hereof or making any farther or other
orders herein, by reason of his interest in
the resnlt of the proceedings herein."
Court resumed pursuant to adjournment
at 10 o'clock this morning when the argn
gnment on the above motion was com
menced. It will be several hoars before
the lawyers get through talking.
NOTHING TO-DAY.
Attorneys Still Arguing on the Man
damus Case.
Butte, Oct. 30.—[Special]—The whole
morning in conrt was taken np with argu
ment npon the Board's return to the writ
of mandate. Judge Kirkpatrick spoke two
hours for the Democrats, and was followed
by Judge Knowles for the Canvass- !
ing Board. This afternoon the Dem- *
ocrats filed a motion for judgment on the
pleadings, the argument on which will
take np all afternoon and perhaps part of
to-morrow. If this motion is sustained
the case will soon be finished and Judge
DeWolfe will decide npon it, bnt if tbe
motion is not granted the taking of testi
mony will be began, and this will consume
several days.
A BAD WRECK.
Collisions of Trains and Loss
Life.
of
Lynchburg, Va, Oct. 30.—A passenger
train bound east and a freight train going
west, on the Norfolk & Western railroad,
collided last night between Liberty and
Thaxton's. Bo h trains were wrecked. It
is reported that the firemen and engineers
of both trains were killed. One passenger
was killed and many hurt.
A Wrecked Train.
Pittsburg, October 30.—It is reported
from Rochester, Pa, that the New York
and Chicago limited of the Pennsylvania
Railroad was wrecked this morning and
one person killed.
The rear end of the limited was run
into by a freight train. The observation
car was wrecked and Brakeman Peters
killed. The engineer and fireman were
seriously hurt, and the passengers badly
shaken up.
Went Down the Grade.
Port Jarvis, N. J., October 30.—Last
night, near OtisvilJe, part of a freight train
broke aw ay aad backed down the grade,
crashing into another freight wrecking an
engine and twenty-four cars. Two persons
were killed and several injured.
Discovery ot a Murderer.
Niles, Mich., O tober 30.—The trial of
Mrs. Eliza Davis for grand larceny has
brought out the facts that Mrs. Monro
(Mrs. Davis' mother) is in reality old Mrs.
Bender, of the notorious Bsuder family of
Kansas. A requisition has been asked lor
As soon as it air.ves the prisoners will b#
taken to Kansn-* for trial.
Marriage Declared oil.
Paris, October 29 —The Goaloies ays the
marriage of Prince Murat to Miss Caldwell
has been postponed.
|
|
!
(
L»ied.
New York, October 29.—John L Man
ning, Esq., Governor of Sonth Carolina,
died near Camden, yesterday, aged 74.
The Suicide's Burial.
Butte, October 29.—[Special] —In ac
cordance with the telegraphed wishes of
his relatives, interment of the late M. W.
Wilson, who committed suicide in this city
Saturday, will be buried here. Funeral
will take place at 3:30 o'clock this after
noon, and will be conducted by Rev. Black"
iston, of the Episcopal church. The ser
vices will be held at the late home of the
deceased, corner of Wyoming aud Granite
streets. Tne drawer in Wilson's desk was
opened yesterday afternoon in the presence
! of Coroner Howard. James McCaig, C. H.
Lord and others, and the discovery was
I made that Wilson's deficit was at least
$1.500, or just about the amount of.the
bond given for him by the American
I Surety Company.
Butte, Oct., 30.— [Special]—All the
railroad offices in :he city were closed from
2:30 to 4 o'clock yesterday afternoon, and
the employes attended the funeral of M.
W. Wilson. The services were held at 3:30
o'clock at the Episcopal church, Rev. Black
iston officiating and Messrs. James Mc
Caig, C. W. Goodale, Pnillip Foster, Dr.
Wineton and J. E Dawson acting as pall
bearers. The interment was at the Protest
ant cemetery.
Abduction Case.
Butte, October 30.—[Special.]—Peter
Martin last night snatched his baby from
the arms of his wife on Park street and ran
off with the child. Mrs. Martin has had
her husband arrested on tbe charge of ab
duction. A divorce sait is pending between
the two and the husband has for some time
been endeavoring to get possession of the
child.
The Masonic Grand Lodge, in annual
session at Great Falls to-day, is attended
by a large number of the fraternity. The
special train oa the Montana Central
steamed away fron Helena this morning
with about 100 delegates.
Inter Mountain, (f there are any more
lawyers over in Helena who make a spe
cialty of mandamus writs they ought to be
shipped over here in a special traiD with
Bach or Liddell.
McConnell is a fair lawyer, as rated in
Tennessee, but a poor one when sized up
with colleagues of the Montana Bar. This
is an opinion based upon Democratic judg
ment. _
Toole and Kirkpatrick are chiefly relied
on to assist the Democratic brethren out ot
t Le political sonp
Judge DeWolfe is turning
saults before a 'arge audience.
Himtner
irregu
■If. It
Dyspepsia
Makes the lives of many people miserable,
and often leads to self-destruction. Distress
after eating, sour stomach, sick headache,
heartburn, loss of appetite, a faint, " all gone '
feeling, bad taste, coated tongue, and
larity of the bow, !
Distress some of the more ct
After symptoms. Dyspepsi
_ .. not get well of its,
Eating requires careful, per :-ieui
attention, and a remedy like Hood s Sarsa
parilla, which acts gently, yet sur > -an
efficiently. It tones the s to mac h :•
organs, regulates the digestion, creates a
good appetite, and by thus $ick
overcoming the localsymp- ..„^achO
toms removes the sympa- ntîuua
thetic effects of tbe disease, banbbe» in.
headache, and refreshes the tired nun
"I have been troubled with dyspepsia,
had but little appetite, and wliat I d*d 1 u
« . . , distressed me, or d-4 n!
Heart- UMle g00<L Iu ^ hoar
. burn after eating I would «P*
rience a faintness, or tired, all-gone feeli^r*
as though I had not eaten anything. M>
ble, I think, was aggravated by my b us ' '
which is that of a painter, and from ,L
more or less shut up in a SoUT
room with fresh paint. Last
spring I took nood's Sarsa- StOfTia
rilla—took three bottles. It did nie
immense amount of good. It fri vc
appetite, and my food relished and f s '
the craving I had previously expo rien,
George A. Page, Watertown, Mass.
Hood's Sarsaparilla
Sold by aU druggists, gl ; six for ?5. Prep»«
by C. L HOOD & CO., Apothecaries, Loweu,
IOO Dose« One Dollar