The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-29
CHIEF justice.
Locks Up His Court Room and
Refuses to Act In
q Case.
He Is Commanded to Appear Be-
fore the Supreme Court
to Explain.
Mr.. Wallace Discovers That n Date In the
Justices Docket Had Been
Changed.

Hon. William Wallace. Jr.. found a stub
botn Justice OF the peace at Placer yester-
day who in consequence OF his acts has
| cen commanded to appear before the su-
preme court on Nov. 2 and answet certain
questions. The trouble arises out OF the
struggle to get possession OF the Freiberg
lode. Yesterday Ross Deegan applied to
the supreme court for a writ of prohibition
to prevent W. G. Reynolds. the justice OF
the peace at Placer, from acting any fur
ther in a suit commenced in his court. In
his affidavit Deegan says a suit was brought
before Reynolds in which Louis Isikler was
the plaintiff and Deegan and Thomas A..
Moran were defendants. The suit pur-
ported to be an action for the unlawful de-
tention of the Freiberg lode. alleged to
have been leased by Zeikler to Deegan
Moran snd withheld by them after the a.
legged forfeiture of the lease. A paper pur-
porting to be q summons was placed In the
hands of james Hughes OF Oct. 20. Dee
gan says he has never been served with the
and that the paper was not di-
rected to the sheriff or to any constable of
Jefferson county. The only paper served
| on Moran was not served by Hughes, the
constable, but by John Collins. who is not
a constable or sheriff. The alleged sum
mons was dated Oct. q, a day subsequent
to the date set in the docket as the day OH
which the was delivered to
Hughes. The pretended service by Collins
was made on the evening Of Got. rs, less
| than five days before the day appointed for
hearing.
Yesterday morning Mr.. Wallace went to
l 1l.--. --l - AAo a1nI-cL forrN Aha mat.
ices court room locked and no one pres
ant. Mr.. Moran, who was also present,
went with Mr.. Wallace to find Justice Rey.
nolds. They found him on the street. Mr.
Wallace asked the justice to 20 toshis court
room to receive and file a paper in the case
in the nature Of a special appearance fol
Mr.. Moran. This the justice declined te
do, and refused to make any entries in the
case, claiming that the actual time fol
hearing was Oct. 29. at 10 a. m. Abou'
fifteen minutes later the Justice, ape I
second request. appeared in his court room
where Mr.. Wallace again attempted tt
make a special appearance for Moran. Thu
Justice declined to act. Mr.. Wallace thel
asked him to rule upon the motion 80 of
fered, and the Justice declined. Then tn
attorney asked him whether in spite of tn
offer of special appearance he intended OIL
Oct. 20, at 10 q. M, to proceed and hea
and dispose of the action, and to assum
jurisdiction of Moran. Justice Reynold
replied that he did intend to do SO, claim
ing. that was the date designated on hi
docket. The affidavit of Mr.. DeeRan de
clares that the Justices docket shows al
erasure, the figure nine in the figure
twenty-nin being written over an erasur
of some other figure. On this shown
the supreme court issued a writ of prohibi
tion restraining the justice from proceed
ing with the hearing of the case this morn
ing, and ordering him to show cause o.
Nov. 9 why a permanent and peremptor
writ of Prohibition should not issue.