The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-20
ANACONDA NEWS.
ALLEGED ILLEGAL FEES
Accusations Against Justice Ken
nedy and Constable Conley.
HE WANTS THEM REMOVED
w. II. Donahoe Files Two AfIidavits
Charging the Two Of1cials With
Wrongfully Collecting Fees.
Hearing Set for Feb. %.

Something of a sensation developed
in the district court yesterday morn
ing when accusations were brought
against Justice of the Peace Frank
Kennedy and Constable John Conley.
The charges are those of excessive and
illegal collections of fees. The matter
comes up in the form of two affidavits
The affidavit in relation to Justice Ken
nedy is as follows
wv. II. Donahoe, being duly sworn,
upon his oath. says: That on the 5th
day of February, A. D., 1897, in a GER
tain action then pending before and in
the Justices court of Frank Kennedy
justice of the peace of Anaconda,
Deer Lodge county, state of Montana,
wherein one Max Provost was plaintiff
and this affiant, w. II. Donahoe, was
defendant, judgment was duly made
and given against the affiant, Donahoe,
for the sum of $3.50 besides the costs;
that in said judgment there was in
cluded the sum of $3.50 costs of said
justice of the peace, said judgment
having been given by default; that said
Frank Kennedy was on said date and
ever since has been and now Is duly
elected Justice of the peace of Anacon-
da township, Deer Lodge county, state
of Montana.
THAT after the rendition of said
judgment at various times from the
date thereof until the 18th day of Oc-
tober, A. ID. 1897, said justice of the
peace, Frank Kennedy, issued upon
said judgment nine executions against
the property of this affiant, for the is
suance of each of which executions the
said justice of the peace, Frank Ken
nedy, charged and collected fee in
the sum of one dollar, making in the
aggregate the sum of nine dollars, fees
charged and collected by said Frank
Kennedy as said justice of the peace,
Tor the issuance of said executions on
said judgment, and which said sum of
nine dollars was collected by execu-
ton out of the property of this affiant
and which said fees amounting to nine
dollars We're and are wholly Illegal and
without authority and law, and which
We're charged and collected by said
Kennedy for services rendered in his
said office, that on or about the day
of =, 1885, said affiant demanded said
fees Of said Kennedy, but he refused to
pay the same.
Wherefore, said affiant prays that |
said Frank Kennedy be removed from
his said office of justice of the peace.
wv. III. DONAHOE
Subscribed and sworn to before me |
this, the 10th day of February, A. ID. |
1888 wv. H. TRIPPET.
County Attorney of Deer Lodge Coun-
ty, State of Montana
The second affidavit charges John
Conley, constable, with having collect
ed wrongfully and Illegally certain
fees growing out of the same actions
referred TO in the Kennedy complaint
Inc afiidayit in the Conley matter re-
lates the circumstances of the actions
and says that Conley served attach
ments but did not attach or garnish
any property, and that he did not trav-
Ell more than half a mile in performing
the service. Yet he charged 81 for the
work. There were nine executions is
sued, but no property was attached ex-
cept on three occasions. For this Con-
ley is alleged to have charged $3.50.
which, in addition to the 81 above
amounted to s11.50, which col
lection is to the belief of the affiant
wholly illegal and without warrant of
law, except 50 cents for the service of
and 81 for the service of each
1f the three executions where property
was attached and that there is no
mileage due at all
Judge kennedy said yesterday after
loon that the matter was brought up
% make trouble for him and for no |
,ther reason. He said that he has had
/ great deal of trouble with the law
inits of Donahoe, and that he had on
friday morning paid to Attorney Eng
ish, who represented Donahoe. the 50
'ialmed by Donahoe TO be an illegal
,harge, and had receipt
herefor. He had done this,
lot because he thought there
vas anything Illegal about the co1lec-
ion of the fees, but because he would
ooner pay the money back and not be
bothered any more with it. He said
he legality of the fees was something |
# question of law, and he believed
hat he had right to collect them.
The court set the matter for hearing !
Feb. Is at O'Clock p. m, and citations
we're issued.