The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1892-02-06
PRETTY KETTLE OF FISH.
The Conflict Between the Courts Assumes
Greater Proportions.

treatef frOpOrtfOns.
Yesterday another chapter was added
to the conflict between the district
courts of Cascade and Lewis and Clarke
counties, in the matter of the estate of
Frederick S. Fish, deceased. A history
of the case was published in the TRIB-
UNE January IL. 1t will be remembered
that W. S. S~palding, brother-inl law Of
the deceased, after securing a continu-
ance Of the proceedings instituted in this
county, made haste to secure his appoint
ment as administrator by the district
court of Lewis and Clarke county.
Judge Benton, realizing the fact that
the continuance had been asked for in
order to render such appointment posi-
BILE, ignored the proceedings in Lewis
and Clarke county and appointed s. II.
Dean, the public administrator, to take
charge of the estate. This resulted in
several orders and counter-orders and
finally the district court of Lewis and
Clarke county cited Mr.. Dean to appear
before it on January ~ and be examined
rs to the property in his hands belong
ing to the estate. This was the first
chapter. Now comes the second.
On January is, Mr.. Dean appeared
before Judge Buck in Helena and made
IA disclosure of the property IN his o
troll. ~Thcreupon Judge Buck made an
order requiring Mr.. Dean to turn over
the property to Spalding within three
days. This Mr.. Dean refused to do.
Then the court adjudged Mr.. Dean to
be in contempt and issued "a warrant for
his arrest for contempt of the order of
the district court of Lewis and Clarke
county. The warrant was placed in the
hands of Under Sheriff T.. Il. Hoss for
service. Mr.. Hoss came to Great Falls
Wednesday aud yesterday morning
served the warrant On Mr. Dean, intend
ing to take him to Helena on the morn.
ing train. Mr.. Deans attorneys besIirred
themselves, pctitioned Judge Benton for
a writ of habeas corpus. The writ was
issued and served upon Sheriff Hoss just
as the train was pulling out for Helena.
The proceedings in habeas corpus
came up for hearing yesterday after
noon. Sheriff Hoss in his answer to the
writ set up the warrant from the district
court of Lewis and Clarke county. The
attorneys for Mr.. Dean replied that the
order of the court which it was alleged
Mr.. Dean had disobeyed was the order
to turn over the property of the Fish cs-
tate, and that this order was ofno force or
effect in that the district court of Lewis
and Clarke county had no jurisdiction to
make such an order. The question was
argued at some length by Mr.. Leslie for
Mr.. Dean and Mr.. Cooper for Sheriff
IIoss. Judge Benton took the same
view of the case that Mr.. Leslie did and
entered an order for the discharge Of Mr..
Dean. The case promises some interest
ing problems for the attorneys and If
likely to develop some sensational feat,
ures.
Not the least interesting feature Of the
case is this: The attorneys for Mr.. Spald
ing in Helena went before the supreme
court and obtained a writ of prohibition
restraining Judge Benton from entering
any order or taking any steps in the mat
ter of the estate of f. S. Fish, deceased
This will operate to bring the whole
question before the supreme court, where
it will probably be practically settled.