The Anaconda standard., 1899-04-09


Mr.. Wines-I-
Wines Sat Down.
"Sit down, I say; sit down." yelled
the court in excited and angry tones,
and shaking his fist at Mr.. Wines.
The attorney, who evidently had
never before been subjected to similar
treatment during his long practice in
many courts, seemed to be stunned by
the action of the court, but he started
to obey it's order. He wasn't swift
enough however, in sitting down, and
Judge Clancy fairly screamed:
'Sit down; sit down, or I'll fine you
for contempt of court. You stand in
contempt for arguing this proceeding
before the court The sheriff is away
and the county attorney is quafantlned.,
and here comes the under sheriff and a
deputy county attorney and overrule4
this court and the supreme court.
By this time Mr.. Wines, with rage
| and indignation marked on his face
had taken his seat, and the court con-
tinued: THE sheriff goes off hunting
for a long-lost Charley Ross, and his
deputy wants to inquire into the law
on the subject before he obeys the order,
| of the court 1t is ridiculous. l have
exercised great patience and they have
| tried to retard the process Of this court
| by sham pleas. 1 sustain the motion
| to strike out the answer, and Will give
an order to the sheriff to execute the
writ and order him to make return to-
this court Monday morning. II he don t
| he will hear from me-"
That ended the remarka BILE scene. The
Judge retired to his chamber and the
attorneys, with feelings that may be
| imagined walked out Of the court
| room.
| The sheriff and the other respondents,
in their return to the alternative writ
| gl,a nf
set forth that they never declined to
| prosecute or execute the writ of assist
, ance, and deny that the sheriff, under
sheriff or any of the deputies, or either
of them, ever declined to execute the
| writ or to place the receiver in posss-
sion of the property. They allege the
facts are that on April the writ of at
| tachment was issued and delivered to
the sheriff at / o'clock in the morning
| and Immediately upon receipt of the
| writ they applied to the county attorney
for an opinion touching the duty of the
sheriff and Under sheriff in relation 10
the writ, and they acted in good falth
and fully desirous of and intending 70
strictly observe all the requirements or
the law in that regard, and immediate
" upon the receipt of the opinion of the
county attorney, the sheriff and under
sheriff as soon as some other business
could be disposed of, and the under
sheriff could obtain full and complete
and satisfactory information In rela-
ton to their duty to the service OF the
writ, they would have proceeded to and
intended to carry into effect the writ Oh
assist ance Within five or 10 minutes
after the receipt of the opinion from
the county attorney that 1T was the
duty of the sheriff to execute the writ
the respondents received from the at
torneys for the defendant a written no
oFfa ha
notice of and had taken an appeal to
the supreme court from the order or
Issuing the writ of assistance, and also
!, filed a stay bond with the clerk OF the
} court in the sum of $500O0 which oond
the court is asked to consider. lmme-
dately upon receipt of the notice OF
appeal the respondents applied to the
+ county attorney for an opinion touch
ing the effect of it, and in that regard
, the sheriff and under sheriff acted in
perfect good faith and without any in
tention on their part, or upon the paf'
of either of them, to in any way ignore
| or disregard the order of the court IT
. relation thereto. In response TO then
: request the respondents received ar
r opinion from the county attorney tc
the effect that the appeal had the effecl
of a stay of the execution of the Wrl'
of assistance. Upon@ receipt of thai
. opinion the respondents believed thai
the execution of the bond and by Vir-
ture of the appeal that it did operate
as and did constitute a stay in law OF
the execution of the writ. On that ac'
count and by reason of the important
questions involved in the case and ir
all matters growing out of and in con-
nection with the appointment of the re-
ceiver the defendants were desrous
and anxious to ascertain and determine
, what their legal rights were in the
ND fn,, Tn1 o.
spondents did exercise all due and
. proper caution and applied to the coun-
ty attorney for information in relation
to their duties in that regard, and IN
!, so doing acted in good faith and did not
intend to knowingly or wilfully disre-
gard any of the orders of the court
The respondents further allege that in
addition to the opinion of the county
attorney they have been advised by
! other counsel and upon such advice be-
| lieved that the appeal constituted a
stay of the execution of the writ. AT al
times since the writ was placed in the
! hands of the respondents they nave
been in good faith studously endeaVor-
ing to ascertain and determine what
their duties are in relation thereto, hav-
ing in mind the fact that P. Fl. Regan
, as sheriff is under heavy bonds to all
persons who may be injured or op-
! pressed by the performance of any ac-
ton by him. but they have at all times
been ready and willing to perform any
official act legally required of them, and
any delay that may have occurred was
not the result of any intention or desire
on their part to do other than strictly
perform all official acts required OF
them AS soon as it shall be judicially
determined that the appeal and the fill
ing of the stay bond do not constitute
a stay of the execution of the writ the
respondents will be ready and willing
to be governed thereby without preju-
; dice. bias or feeling, except to do an6
perform every official act legally re-
quired of them.
, Aid Not Needed.
About A o'clock yesterday afternoon
, Deputy Sheriffs Shay and O'Neill, with
, the writ of assistance, visited the gen
| arnl nfica Of the Boston & Mont