, 1892-10-26
A PLUCKY AUDITOR
Judge Hunter Tackled the Wrong
Man.

why Auditor r.. N. AshmOre Re-
fused TO obey Orders--A Narrow
Escape From Being Committed to
JaiI--Supreme Court InterFeres.
The eccentric conduct of Judge Hunter,
of Lewis county, was well aired in the su-
preme court this morning, during the hear
ing of the cause entitled J. w. Barnett VS..
R. N. Ashmore, auditor of sLewis county.
Last December Judge Hunter ordered
the sheriff, J. W. Barnett, to rent and fur
nish quarters for court purposes. The
county building did not suit the aesthetic
tastes of the eccentric jurist who adiudi-
Gated questions of law for the people of
Lewis county, so he decided to have some-
thing better, even if the taxpayers did
have to pay extra for it, Sheriff Barnett
obeyed the edict of the court and new
apartments were forthwith provided.
All went we'll until the bill for expenses
incurred by the renting of new quarters
was presented to County Auditor R. N.
Ashmore. The auditor refused to issue
the necessary warrant. Early in June
Judge Hunter made an order directing the
auditor to pay the bills against the cOun-
ty for expenses incurred by
the sheriff in providing the rented
quarters. Sheriff Barnett applied for a
mandamus to compel the auditor to pay
the bills. Auditor AshmOre filed an afiida-
Wit asking for a change of venue, alleging
that the judge was too deeply interested
and thoroughly prejudiced to give him an
impartial hearing. This tended to disturb
the equanimity of Judge Hunter and he re-
fused to grant the change of venue. Ash
more then filed his answer claiming that the
action of the judge in issuing the order and
the action of the sheriff in obeying the or
der were unwarranted by law. Barnett,
the plaintiff, demurred and the court sus-
tanned the demurrer.
Judge Hunter then issued peremptOry
mandamus commanding Auditor AshmOre
to issue a warrant for the amounts in the
claims, which represented a total of $3.50 SS.
ThereupOn Mr.. AshmOre gave notice of an
appeal to the supreme court.
The judge refused to allow the appeal
and the county auditor on June 18th, ap-
piled to the supreme court for a writ of
prohibition, to prevent Judge Hunter from
enforcing his order.
An alternative writ of prohibition was
issued, restraining Judge Hunter from en-
forcing the peremptory mandate directed
against the auditor.
On the same day. while the application
was being considered by the supreme
court, Judge Hunter had County Auditor
AsbmOre brought before him, and imposed
tine of 500 for contempt Of court and or
dered the offender committed to Jail until
tine fine was paid. The writ of prohibition
arrived from the supreme court in time to
save the auditor from going to Jail.
The supreme court sustained Mr.. Ash
mOre's right to appeal from the order of
Judge Hunter directing him to pay the
bills made by the sheriff and the matter
came up for a hearing in the supreme
court today.
Reynolds & Stewart, of Chehalis, repre-
sented Mr.. AshmOre in the case. Mr..
H. S. Elliott, of the same place appeared
for Sheriff Barnett
During the hearing of the case this morn
ing merriment was occasioned by the mo-
ton of the appellants attorneys that the
brief of Judge Hunter in the case at bar be
stricken from the record on account of its
libelOus and scandalOus nature. 1t was
cOntended throughout by Mr.. Elliott that
the auditor should have Obeyed the orders
of the court without question.