The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-17
FIFTEEN DAYS TO PAY IT
Mr.. Johnston Has the Alterna-
tive of Going to Jail.
JUDGE CLANCYS ORDER
The Cashier Held to Be in Contempt of
Court Unless He Quits Monkeying
and Complies With the Rul-
ing of the Court.

Judge Clancy yesterday afternoon
made decision in the contempt pro-
ceeding brought against Alex j. Johns
ton, cashier of Clark Brothers bank by
E. Fl. Hubbard. receiver of the Thorn
ton-Thomas Mercantile company, for
his refusal to honor the receivers check
drawn on funds he had deposited in the
bank as receiver, but which money was
afterwards attached by Clark Brothers
as creditors of the Thornton-Thomas
company. The court decided that
Johnston was guilty of contempt. but
gave him Is days in which to pay the
money before going TO Jail. Il don't be-
lieve the showing made by Mr.. Johnston
is sufficient" said the court, .and / will
have to make an order that he stands
in contempt of this court in withhold
ing this money from Mr.. Hubbard
! Attorney A. j. Campbell, who repre-
scented Hubbard, stated that he had
agreed with Mr.. Welcome that the
courts order should read that the money
be paid over in Is days or he will be in
contempt of court. Mr.. Campbell said
1t appeared that Mr.. Johnston had act
ed in good faith and wished to take
the matter to the supreme court on a
writ of review. In accordance with
the agreement Judge Clancy signed an
order, which reads as follows:
This cause coming on to be heard on
the 18th day of March, 1898. upon the
order to show cause heretofore issued
upon the petition of +. II. Hubbard, re-
ceiver, alleging among other things:
That, while he. E. H. Hubbard. was
acting as receiver of the defendant cor
poration in the above entitled action he
received the sum of about thirty-nine
hundred tS3900) dollars and deposited
fhe same in the banking house of w. A.
Clark a Brother, in the city of Butte,
Mont, in the name of f. I'll. Hubbard.
receiver, subject TO check when this
court should order the payment of the
same, and that Alexander j. Johnston.
the respondent, is the cashier of said
banking house and has general charge
and supervision of its business, and is
alone responsible for the payment of the
check, as it set forth in the petition.
THAT the said receiver presented to
the said Alexander ]. Johnston check
drawn upon said banking house. pay
able to himself for the sum of S2S25.39
signed Z. II. Hubbard, receiver for
payment. together with a copy of the
order of the court. directing him to pay
Lutey Brothers the sum of S2.S25.39, and
that the said Alexander j. Johnston re-
fused TO pay said check, although suf-
ficient funds Were in his hands for the
payment of the same belonging to this
court. and deposited in the name of e.
II. Hubbard, receiver
And the said Alexander j. Johnston,
not having shown any cause why he
should not be ordered to pay said check,
or be committed for contempt, the court
having taken the same under advise
ment:
Now. upon this 10th day of March,
1898, the court being fully advised as to
the law and the premises. hereby orders
that the said Alexander j. Johnston be,
and is hereby, required to pay to +. II.
Hubbard, receiver. the sum of So, S25.39
within Is days from this date, upon the
said +. II. Hubbard. as receiver, pre-
senting a check to the said banking
house of w. A. Clark & Brother for
such sum and signed by himself as re-
ceiver.
1t further appearing 10 the court that
at is within the power of the said Alex
ander j. Johnston to comply with this
order to pay the money, it is therefore
ordered that in the event he fail to
comply with this order within 10 days
from this date and pay to the said +.
II. Hubbard the said sum of s2.s25.39, he
be committed to the county Jail of this
county until such time as he has COM
piled herewith and performed the acts
herein required of him to be performed
and pay the said check to said receiver