Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-22
THE WRIT ISSUED
Missouri Barnhill Walks Forth
a Free Woman.
FACT THAT HER GOODS
Were Packed Did Not Imply That She
Intended to Skip-An Inn
portant Decision.

Missouri I. Barnhill, the Anaconda wo-
man who was arrested a few days ago
on the alleged ground that she was about
to leave the state without settling a debt
she owed in the Smelter City, was dis
charged from custody today by Judge
Lindsay, to whom application for a writ
of habeas corpu was made in her behalf
The discussion rendered by the judge is
an important one. as it goes deeply INTO
the ~absconding debtor proposition and
demonstrates that the simple fact of sus-
picion does not give one possessing it and
to whom money is due, the right to cause
the arrest and confinement of the person
owing such money. In giving the deci-
sion the judge in part said:
This is a proceeding in which the SUI
prerne court of Montana issued a writ of
habeas corpus and made the same re-
turnable before the judge Of department
one Of the second judicial district. A
hearing has been had upon the petition
and the return of the sheriff of Deer
Lodge county as we'll as upon the motion
to Quash said petition and writ.
1T appears by the showing made that
on Oct. IS Messrs. MacCullum & C1outier,
co-partners, commenced an action
against the petitioner in Justice Ken
nedy's court in Deer Lodge county to re-
cover $22S. SO alleged to be due and owing
for goods, accompanying it with an afi-
davit and undertaking on attachment.
The affidavit stated that Mrs. Barnhill
was about to leave the state with the
intention of ~defrauding her creditors,
especially the plaintiffs, to whom she
owed $22s.96: hat she had in her possess
sion 500 and had refused to pay plain
tiffs' claim. On Oct. 10 Mrs. Barnhill was
arrested by the sheriff and taken before
the justice. Security for her appearance
on the 21ch was given. On that date she
was tried by a jury. the question involved
being as to whether or not she was an
debtor. The jury found her
guilty and ordered her remanded to the
of the sheriff until she paid the
debt. The return of the sheriff shows the
Judgment and commitment. On hearing
A petition for a writ of habeas corpus
counsel for JOIN Conley, sheriff, moved
the court quash the petition on vari-
Gus grounds.
This court upon consideration of the
deems the motion to quash said
petition and said writ untenable and will
briefly point out the grounds upon which
the conclusion reached herein is based.
ARREST and detention for debt is per-
both by the constitution and
statutes or TINS state IN certain cases and
upon certain prescribed grounds or
causes, through proceedings Which must
be strictly pursued.
Inc law protects personal liberty
With such Nigor thai in order to warrant
an arrest for Indebtedness in such a case
as Is here presented, it must clearly APP
pear that the statutory provisions pro-
Nlding therefor ave been strictly COM
piled With. The constitution of this
state in article 5, section II, provided:
No person shal be imprisoned for debt,
except IN the manner prescribed by law,
upon refusal to deliver up his estate for
the benefit of his creditors or in cases
OF tort, where there is a strong presulnp-
ton OF fraud and the statute upon the
same subject prescribed that, mo per-
son shall be arrested in a civil action,
except as provided in this chapter (sec-
ton 500 of the code of civil procedure.)
In an action for the ecovery of money
or damages. on d cause of action arising
upon contract, express or implied, when
the defendant is about TO depart from the
state, With intent to defraud his credi-
tors"
BY section 1910 of the code of civil pro-
cedure, justice of the peace courts are
given jurisdiction to order the arrest of a
defendant 'in the cases mentioned in
section SOL"
But it is further provided in section
l54l that before an order of arrest can
be made, the party applying must prove
to the satisfaction of the justice, by the
affidavit Of himself or some other person,
the facts upon which the application is
founded The plaintiff must also exe-