The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-04
WINES AND BOOTH 0. K.
The Supreme Court Sustains the
Findings of the Referee.
NOTHING IN THE CASE
The Witnesses Supporting the Charges
Are Conceded TO Be Unworthy OF
Belief-Other Cases Decided.
Ravalli County Seat Fight.
,nec,al D,sna,cb 70 the Standard.

to-day handed down four opinions and
listened to arguments upon an applica-
ton for a writ OF certiorari in the liti-
cation growing out of the Ravalli coun-
~ seat fight. The most important OF
the decisions was in the case OF the
state of Montana ex rel. Guy Stapleton.
relator, VS.. Melvin L. Wines and Ed
win s. Booth. in which the court adopt
ed the finding of Referee Campbell,
thereby dismissing the disbarment pro-
ceedings instituted against the Butte
attorneys.
The court indorses every line OF
Referee Campbell's findings in fact and
conclusions of law, conceding that the
testimony of the witnesses supporting
the charges was unworthy of belief.
The courts decision disposes of ont
of the most sensational proceedings in
stituted before that tribunal in a long
time. The county attorney of Silver
Bow, several months ago, filed with the
court a petition for the disbarment OF
Messrs. Wines and Booth, supporting
IL with affidavits to the effect that they
had entered into a conspiracy with
other persons to procure and have ad-
mitted in evidence in the Shafter trial
In Butte false and perjured testimony
in behalf of the defendant, their
client-in other words, they were
charged with s~ubornation of perjury.
The court took immediate action upon
the matter by appointing A. j. Camp
bell referee to take the testimony and
report his findings in fact and conclu-
sions of law to the court. The result
OF the hearing and Mr.. Campbel1s con-
illusions have already appeared In the
Standard. He found there was nothing
upon which to base the charges and so
reported to the court. To-day the court
adopts his findings in an opinion by
the whole court. In Its BRIEF synopsis
of the proceedings leading up TO Mr..
Campbell's appointment, the court pays
a nice compliment to the next congress
man I'm this language: w appointed
Hon. A. ]. Campbell, one OF the most
prominent and respected m or
the bar OF the state. referee to take
testimony and report his findings or
fact and conclusions Of law in the
case"
Continuing, the cours says: THE re-
port of the referee, now pm file. after
stating that he proceeded In the case.
in the presence of Attorney General
Nolan and Guy w. Stapleton, repre-
senting the ~relator. and William Seal
lon, Esq. John w. Cotter, Esq, and
Frank f. Corbett. Esq. for the re-
spondents. is as follows:
The effect of the disbarment of at
torneys practically means their com
plete ruin. and before they should be
disbarred, the evidence to sustain the
charges hould be of such a character
that II satisfies the court to a reason
able certainty that the charges are
true.
Witnesses were produced who tes-
tilted that the respondents had COM
mitted the acts complained of. After
observing their manner upon the wit
ness stand: hearing their many contra
dictions. together with the fact that, In
some instances, their evidence upo
material points was shown to be un-
true by the records of the case of the
state VS.. Shafer: and IL appearing that
the witnesses must have known such
statements to be untrue when they
were made: and their evidence upo
other material matters being contra
dicted by creditable and reliable wilt
nesses. ] am unable to believe their
statements.
81 therefore find that the respondents
did not commit the acts complained Of
I'm the petition, and recommend that
the proceedings be dismissed
The evidence taken in the case ac-
companies the report. Counse for
Wines and Booth have filed their mo-
ton asking the court to adopt the
findings and conclusions Of the referee,
The attorney general does not resist
this motion. but admits that the find
ings OF fact and recommendations or
the referee are supported and author
lied by the evidence. IL Is therefore
conceded that the testimony of the wit
nesses supporting the charges is so I'M
worthy of belief as not Ia authorize a
judgment OF disbarment In his case.
We agree with the referee as to the con-
sequences OF the disbarment OF an at
torney. as well as with the view that
before a judgment of disbarment should
be entered the evidence TO sustain the
- a.UAI N aln IN
that IL satisfies the court tn a reasonable
certainty that the charges are true In
this case we feel no other disposition
than to adopt the findings and recon-
m~endations Of the referee, who has, In
our Judgment. so faithfully and b
performed the delicate duties Of his
office.
THE findings and conclusions of th'
referee are adopted and this proceeding
!, is ordered dismissed"
The other cases decided to-day were
/ Guiterman Brothers, plaintiffs and re
, s~pondents, VS.. W. $. Vision. This wa
an appeal from the district court OF Sill
yer Bow county. The plaintiffs sue
! the defendant for n balance due them
The lower court found for the plaintinl
and an appeal resulted. The lower cour
is reversed.
James McDonel ct al. VS.. Nalentin
: Jackey ct al. an appeal from the dis
: trict court OF Granite county. the cas-
J, was identical with the state ex. re
! williams VS.. Matthew. decided las
! April. involving the election OF count
I. commissioners. The supreme court re
verses the lower court and remands TN
case with Instructions to render judg
: ment in favor of appellants.
: The fourth case passed disproves tn
. belief OF many that an appeal canno
: sometimes be taken from a justice
A court where judgment has been rer
\ dered nv default. II was entitled job
Naxey VS.. Walter Cooper, and cam
9 from the district court OF Gallati
4. county. The amount involved was bu
Is s4e. IS. Maxey brought the suit I'm a ju
tees court in Bozeman to recover IN
amount named as balance u Coops
demurred TO the mpla on %
Ground OF insuficiency. The iustiS
4 overruled the and Coop'
:, failing to answer, the justice awarde