The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-14
CLERK HAS THE POWER
Publication Of Summons in Civil
Proceedings.
CAN SELECT NEWSPAPER
Attorney Smith Brought the Matter Be-
fore Judge Lindsay Upon an Appn-
cation for a Writ-It Was De-
cided Against Him.

A matter of some Importance, espe-
cially to certain newspapers, was pre-
sented to Judge Lindsay yesterday for
decision. In the publication of sum-
mons in civil proceedings the clerk of
the courts has always been governed
in his actions by the theory that the
law gave him authority to designate the
paper in which the summons should be
published, and no one disputed his duty
in that respect until yesterday, when
c. ]. Smith, an attorney, presented an
order Tor the publication Of the sum-
mons IN the divorce case of Charles II.
Unterwbod against Josepha L. Inter
wood and asked that the publication be
made in the Daily Inter Mountain. The
clerk refused to sign the order for pub
LEGATION in that paper, and MIR. Smith
went in to court with peremptory writ
of mandate, which he asked Judge
Lindsay to sign, but the latter declined
to ISSUE a peremptory writ without CIV
ing thea clerk a chance to be heard.
Howevet, the matter came up again at
the afternoon session Of the court and
MI Smi tn renewed his request for a
peremptory writ. He said the clerk
was merely ministerial officer and
that he hs.d no discretion in the matter
and had no issue the order for publ
cation in amy paper the matter might
designate.
Chief DEPUTY County Attorney KEEL
ley appeared for Mr.. Clark, the clerk
of the court, and he read provisions of
the codes governing the matter, and
he said the d esignation of the paper in
which to make the publicatio rested
entirely with the clerk. The arguments
were brief. and at their conclusion
Judge Lindsay said he believed that
the proper course to have been pur-
sued was to ask for the issuance of an
alternative writ. so that the clerk could
have been given an opportunity to be
heard. Attorney Smith did not seem
to want such a writ, and the judge
added that, in his judgment, the mat
ter was fully Governed by the statutes,
by which the clerk was vested in the
first instance with authority to issue
summons and If a publication of sum-
mons is necessary he had the right to
designate the newspaper in which it
shall be published. 1t Is a matter in
which the court has no right to inter-
fere, and in which 1T will not interfere
The court stated, however that if the
attorney desired to take further action
an alternative writ off mandate would
be issued and the question could be
more thoroughly gone, into. Mr.. Smith,
however, seemed to be satisfied with the
opinion expressed by the court and the
proceedings We're dropped.
\ A. damage suit of j.. B. Culbertson
against r. A. Garden and j. S. Ellis
was on trial before st jury in Judge
Lindsay's court yesterday afternoon,
and at the conclusion Of the plaintiffs
case motion for a nosl- suit was made
and argued and will bedisposed of this
morning. Culbertson wtas a painter for
mely in the employ of the defendants
and on Sept. 2, 1892, while at work on
the Hale house, scaftold on which ne
was working broke and he fell to he
ground a distance of 40 feet, sustaining
which he was laid up, so days. He
claimed the accident was due to the
negligence of the defendants and he
sued for $1,000 damages and $163 pad
out for surgical and medical attend
ance.
Two cases entitled Anaconda Copper
Mining company against F. w. War
neche and others We're dismissed as set
tied, and the case of the Big Blackfoot
Milling company against Leila and 9th
ers was tried before the court without
jury. A judgment for $1,374.73 and an
attorneys feet of $3.50 was given the
plaintiff.
Lem Herne WAS appointed admins
traitor of the estate of Julius ".
Holmes. deceased. upon his filing a bond
In the sum of $500.
The resignation of Emmett Callahan
as guardian of the estate of Catherine
lOBrien and George and Alfred Hale
was filed yesterday.
w. d. Clark yesterday commenced an
action against Jefferson McCauley and
others for $4,000, an attorney fee of $500
\ I