Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-14
Have Judge Kennedy and the
B., A. & P. Co.
AND SOMETHING WILL DR0P
The Trouble Arose Over an Attach.
ment That Was Issued Out of
the Justices Court.

Police Judge ]. NJ. Kennedy and some
of the officials of the B.. A. & P. railway
have locked horns. 1t is a question OF
attachments and it resulted yesterday in
a somewhat interesting session of the
police court. Some time ago an attach
mene was issued out of the police court
against the wages of n FOntain, an
enploye of the B., A. & p. railroad, for a
bill for room rent. The railroad officials
sent word to the court that Fontain was
working for the company, but that his
wages had been already assigned. Later
on a judgment having been entered
against Fontain, an execution was issued
n served upon p. NJ. Halloran, the
auditor of the B., A. & P. The execution
was returned into court unsatisfied, the
railroad officials informing the court Off
GERS that there was no money or other
property belonging to Fontain in their
possession. In the meantime a ~consta-
BILE discovered that there was in fact a
check for SIG belonging to Fontain still
in the possession Of the railroad company
n that after the suit against him was
commenced and the writ of attachment
vas run, Fontain assigned his wages
for June to the Copper City Commercial
company and the assignment was per-
mitted and recognized by the men In
charge of the b., A. & P. An affidavit
was made in behalf Of the judgment cred
itor, satting forth these facts and an
order was promptly issued by Judge
Kennedy citing Fontain and the auditor
of the E.. a. & P. to appear in court to
Show cause why they had not obeyed the
order of the court.
The htaring was had yesterday morn
I'M a md II w : q We W., M u-hila RI loct.l
Attorney Whitehill appeared for the rail
road people and Attorneys Sawyer and
James represented the plaintiff and the
court.
When Fontain was put on the stand
he swore that he drew $40 in cash from
the Copper City store a few days after
the execution was served on the e.. A.
& p. Attorney Sawyer asked that an
order issue holding Fontain in contempt.
until he satisfied the Judgment and costs.
Judge j. NJ. Kennedy, IN passing upon
the question, said:
Il do not see that this man, Fontain,
Is one whit more in contempt than the
OfhclalS of the railroad who
have ~conspired with him to defeat the
processes of this court. The testimony
In this matter shows a. discreditable con-
dition Of affairs. Some of the men at
the head of certain corporations here
abouts appear to think that they are su-
perior to the law; that there is one set
of statutes for the superintendent and
another for the %switchmen; that the
mantle of greatness so completely en-
shrouds them that the orders Of court
issued by a plain justice of the peao,
cannot reach them. Some of these men
are so big that they imagine they could
not be squeezed into the court house.
They hold themselves above the law. If
they are correct in their assumptions we
NAV as we'll h1lrn ont statutes 1ool an,
court houses and lay all our earthly
troubles at the feet of these se%lf-constj-
tuted tribunes for adjudication.
1T is not creditable, but it is a fact
that men in positions Of influence and
Importance in this community have been
IN the habit Of ignoring lawful orders of
the inferior courts, Obeying just as much
or as little as they wished. Let it be
understood they will obey every prope,
order, and respond to every legal pro-
cess issued out of this court while l am
police judge. or something will drop. I
will not hold the poor and ~friendless to
answer and permit the rich n powerful
to do as they like. This matter will be
investigated further; meantime the de-
1endant. Fontain. may return to his
work"
After the adjournment of court it was
suggested by one of the attorneys that
the pleadings should be so amended as
to include the Copper City Commercial
company in the complaint.
Judge Kennedy replied that there was
no cause for complaint in this matter
against the Copper City.
II have found" said he. that the Cnn.
per City Commercial and IFS
agent, Mr.. Moore, is showing a DISPOSE
ton to promptly n honestly obey all
the orders of this court. Others must do
the same"
Several other complaints have been
made against he b.. A. e. p. officials in
similar cases and it is said there will he
quite a legal squabble before the mattnr
is finally disposed Of.
dave Tn nvyuSu,C,rv