The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-15
HIS ORDER WAS IGNORED
The Sheriff Refuses to Obey Judge
Clancy.
REGAIN HAS HIS REASONS
Judge Lindsay Refused to Sign the Order
and McAlvey's Attorney Took 1t
to Judge Clancy-The Sher-
if Declines to Pay.

The unusual experience of a judge Of
the district court having his written
orders ignored or thrown into the
waste basket is becoming rather an
ordinary thing in Silver Bow county.
Judge Clancy had another experience
of that kind yesterday, though the fate
of his order has not yet been brought
to his attention. At the request of
Attorney w. l. Lippincott he signed an
order in the case of Felix McAlNey
against Sheriff Regain, a suit belonging
to the other department of the court,
directing the sheriff to pay Mr.. Lip
pincQtt $50 from money n his posses
sion and held under an attachment in
a suit of Dan Harrington against Phil
j. Harrington. The sheriff refused to
honor or recognize the order for sew
eral reasons, and good reasons, as he
considers them. One reason is that Mr..
Lippincott has no right to the money,
and another is that the attorney at
tempted to get the judge Of department
/. to sign the order and upon his re-
fusal to do so, he went to Judge Clancy
who readily attached his signature
to it.
Il consider those sufficient reasons
LUZ ftluSlIS 10 oDey the oIuel, Sttlu lne
sheriff, land l don't intend to pay out
any money in my custody except on
proper legal proceedings and on
judgment of the court"
There is something rather peculiar
about the whole matter but it is evil
dent that Judge Clancy signed the
order without giving it much consid-
GRAFTON and relying entirely upon the
integrity of the attorney who present.
ed it to him.
The affair grows out of the trouble
some case of Dan Harrington against
Phil Harrington, in which the latters
saloon and money in a safe were at
tached some months ago. AT the time
Harrington failed he held in trust
about 5000 belonging to Felix McAlvey,
and claimed that the rooney in the safe,
amounting to about $3.50. belonged to
McAlvey, but the sheriff held it I'M
der the Dan Harrington attachment
and McAlvey sued to recover the
money. He could not, however, prove
that the money in the safe belonged to
him. or that he had any more right
to it than any other creditor of Phil
Harrington, and Judge Lindsay decid-
ed the case against him. Although the
sheriff was named as defendant in the
McAlvey suit, the real party in inter-
est was Dan Harrington, and Mr.. Lip
pincott appeared as attorney for him.
At the conclusion of the trial, Mr.. Lip
pincott filed a lien for $50 as attorneys
fees against the money in the hands
of the sheriff, and made a demand on
that officer for the money, but the
sheriff refused to pay over the money,
and they had several warm sessions
over the matter. 1t was then. accord
ing to the sheriffs statement of the
matter, that Mr.. Lippincott went into
department l. of the court and asked
for a peremptOry order on the sheriff
and failed to get it because the meth
DDS he sought to pursue to enforce
his lien were not the usual and ordin-
airy ones. Failing in that he took the
same order to Judge Clancy yesterday
and got the latter to sign it, but when
it was presented to the sheriff that
official refused to recognize it at all.
Later the matter was called to the at
tention of Judge Lindsay, but it is not
understood that the latter gave any
attention to it. 1t is probable that it
will be called to the notice of Judge
Clancy, who, it is believed, was not
given to understand the nature of the
order when he signed it.
Later in the day yesterday Mr. Lip
pincott called on the sheriff with a re-
ceipt "in full" offering to accept 500
for his fees instead of $50. but the sher-
if also declined % pay that sum, and
there the matter was allowed to rest.