The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-24
THAT SAFE STAYS SHUT
Phil Harrington's Creditors Are
Not Onto the Combination.
COURT ORDER QUASHED
Judge Lindsay Decides That He Cannot
Compel MIR. Harrington to Open
the Safe. but That the Sheriff
Has Certain Rights.

fhll j. Harrington. who was cited "a
appear before Judge Lindsay vester-
day afternoon to show cause why no
should not be compelled to open his
safe so that his creditors might see
what was in it. made a hard fpbt
against it and was successful in on
posing ii. Judge Lindsay decided that
he had no authority to compel Harrinu-
ton to open his safe. but at the same
time said that the sheriff had a right
10 determine the contents Of the safe
and could do So or his own motion
without an order from the court.
The matter came up and was disposed
or on a motion made by Attorney
Healey' to quash the order TO show
cause. The motion alleged. in regard
10 matters set up in Under Sheriff
~Alurphy's affidavit, as follows:
FIRST, that the court has no power
OF to make the order, and
tHat the order is IN excess of the juris-
diction OF the court.
Second, that the affidavit filed and
served herein Is insufficient to warrant
the court in making any order herein
as II appears from the afida-
VII mat no Judgment has been rem
uefed IN n action of Daniel Harring-
ton against Philip Harrington. and that
II does not appear hat the alleged
claim of the plaintiff has been proved
or adJudicated by the court.
Ihlrd. that 1t does no anpear from
the aiftdaVtt of the under sheriff. Jerry
II. Murphy, that he has the propertN
oi the in his possession, and
that the defendant has i'm nowlse inter
Tered with the possession of the off
Ger.
Fourth, that il does not aupear
from the affidavit whether or not the
under sheriff is in possession of the
safe or whether the sheriff of Silver
Bow county is in possession of ii.
Fifth, that II does not appear from
the affidavit Of Jerry ID. Murphy
whether or not he has any interest in
the subject matter Of the litigation
herein or whether or not he makes the
alleged affidavit on behalf of the plain
TIT or the other so-called attaching
creditors of the defendant.
sixth. that il does not appear from
the affidavit, nor in anywise. that any
claim against the defendant has been
adiudicated or reduced to Judgment. or
that any execution has ever issued
a against the defendant.
seventh, that il does no appear from
the affidavit that the officer has done
or is doing all that the law requires
M W Nv vi pr MUS bf Allows MN TO
do-that is to say he has taken into
his Keeping, custody and possession the
property of the defendant and now has
IL in his keeping and possession. and
thereby is preserving the liens. If anv
there be, of any n all attaching cred
itOrs.
Eighth. that if there is any pro-
ceeding to be taken against the de-
endan 1t is under the Judgment. if
any be obtained herein, and not other
wise.
Ninth, that the attempted proceed
herein is i'm violation Of the consti-
utlonal right Of the defendant to be Sc
personal effects, private papers AMI
personal documents"
Mr.. Healy argued also that the order
or the court required the defendant To
appear and give information against
himself, which was against the c0nsti-
tutional rights of the defendant. The
attorney said the proceeding was in the
nature Of "A criminal action.
w. !. Lipuiincott. who appeared for
the under sheriff and one Of the cred
tors against Harrington. said the ac-
ion was plainly a civil proceeding and
defendant was not called on to tes-
lily. but simply TO give information
about the contents of his safe and To
open it. Mr.. Lippincott thought the
action Of Harrington really amounted
% a concealment of his property and
he might be proceeded against for
attempting 10 defraud his creditors.
My opinion is that the Judge of the
-ourt has no authority to make the
asked for" said the Judge. IF
Harrington refuses to give the
combination the judge can not compel
him. The sheriff may have the right
o ascertain the contents Of the safe.
nd he can exercise that right on his
motion and he needs no order
# the court"
Mr.. Harrington stated after the hear
ne that the only object h had In re-
using to open the safe was to protect
Felix McAlvey, the man who deposited
! $500 check with him. lie said the
money in the safe belonged to McAIvey,
nut that other creditors wanted to get
old of II. Mr.. arlington said he
bought the whole matter would be set
Id ..--.- - 49, u 49,. ..--.-- !