The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-12-22
MAURY TURNED DOWN
The Supreme Court Strikas From the
Files His Examination Paper.
HIS LANGUAGE IS FLIPPANT
To Such an sxtent as to Cause a
Contempt OF Court Murray
Wins Case-other Opln-
ions Rendered.


Special Dispatch to the STANDARD
Helena, Dec. 1.-THE supreme court
to-day turned down u. l.. Maury. clerk
iu The office ~ Corh,tt 4 Welcome u
BUTTE, who recently tnuk an cNamina-
ti"n foI the bar. with four other young
men. Eivrn BY the court in this city.
Sir Maury dld not have proper respect
for courts In general and tho supreme
court NJ Montana in particular The
suprom" court does not say Maury IA
not coWpctcnt. hut takes exception to
the language he used In answering
questions which il charactrrlzrs as
contempt of court. Tho following or-
der was issu'd THE court has exam
inrd the papers ~ II, l.. Maury and
hereby orders them 20 be stricken from
the hlcs Tor the reason that many ~
the answers to the question produced
are couchcd Ia language which h i'm
pertinent iilppant, profane aud OBJ
scene To- such an extent as Ia constitute
"a contempt of court" Certificates were
issued to Charles J. Girr, Helena. and
-. l.. bishop Butte. and denied to ].
NJ Lltrmor. IT Butte.
Five opinions were returned to-day.
The most important involves the labor
lien law. relating To mines. The ease
WIS that ~ Low e. johnson. appellant.
~ the Puritan Mining x Milling COM
puny, Robert 4. Luke. receiver. re-
spondents. and j. A. Murray, defend-
ant and appellant. johnson sued the
Puritan Miniug a Milling company for
turcrlusur" uf mechanics liens. iiynes.
Lynch and others had mortgage on
the mining claims executed before
johnson did his work. and Murray had
judgment against the former owner
of the claims. As this Judgment was
dated before the work was done. MUIR
/ ray also claimed that his lien was SUI
/ perior Ia the plaintiff The court de-
/ cidcs that under the % 'ndes the labor
and work done on the mine itself was
subsequent 10 the mortgage given up
ON the land, but that a lien for work
/ on buildings or improvements on the
| mine attached To such buildings or Inn
| provrmcuis h In preference To any
prior lien or mortgage upon the land.
| The court says that the statute makes
a distinction and prefers the mechan-
| les lien upon land where rights ac-
| crucd after the commencemcnt OF his
| work. hut gives the mechanic prefer
| once for what he puts upon the land
| prinr 10 all other claims. whether cre-
atrd before or after the commencement
| NJ the work. The court also decides
! that as between the lien OF Murray's
I Judgment and the mortgage liens. own
/ ed hy Hyncs, Lynch and others, there
IN no contest The action of the dis
/ trict court In denying Murray any lien
| Is reversed. and the case II reuanded
with directions To recognize Murray's
/ lien. The district court is sustained In
! awarding the mortgages priority over
7 h.a niutnffm Dninlnf hU Inatfs4 Hunt
Othcr opinions were State of Mon
Z tnna, respondent, vs. Jesse Gawith. ap-
. p"llcnt Defendant Gswith was con-
/ yicted In Fiathead county of the crime
| Of grand larceny, and sentenced 10 the
/ penitrntiary for five years. Judgment
| is affirmed,
\ Fletcher Maddox. appellant, vs. y.
\ H. League. administrator, et al. Will
lam Gaddis. iutervenor. Mcagher coun-
/ ~. This II an appeal hy planttn on
\ an alleged error of the district sourt
| of Mcaghcr county In allowing William
| Gnddls to intervene In a suit on a fore
/ closure uf "A mortgag" secured by notes
/ uf Maddox and Gaddls. Judgment Is
/ affirmed. opinion hy Dewitt.
John u. Sanford at al, respondents,
Va. Mary Edwards. appellant. In this
! case the plantiir recovered Judgment
against the defendant before n Justice
| of the peace in Lewis and Clarke coun-
/ ~, for t2gSy9 and costs. Action from
| which this appeal originated was COM
| mesnccd In the district court to recover
| judgment on the judgment rendered
/ In the Justices court. Judgment was
rendered for plaintiff which is now re-
/ Versed by the supreme court In an opin-
! lon by Pcmhcrton,
\. II. Priest. assignee Of John x.
| Watson and respondent. ". Frederick
| Eide. Jacob Swiizcr and Joseph O'Ncill.
| appellants. from Lewis and Clarke
| county. II rs suit To recover "A bond.
[ and for Judgment therefor after refer
/ nation The district court gave judg-
| mrnt for The plaiutin which is affirmed
Z ~ the supreme court IN Hn opinion ny
/ chief Justice pcmherton.