Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-28
JUDGE LINDSAY
NEED NOT ACT
CASE CONTINUED AFTER HIS
LEAVING OFFICE.
HE CAN USE HIS DISCRETION
SHELDON GETS TWO YEARS IN
PEN FOR PERJURY IN A
LAND CASE.
Special to Inter Mountain.

opeclal 10 inter Mountain.
Helena, Jan. 28.-The supreme court
this morning quashed the alternative
writ of mandamus granted on the ap
plication of the Montana Ore Purchasing
company, Chile Gold Mining company
and Johnstown Mining company against
former Judge John Lindsay in the suit
of those companies against the Boston
q Montana. The opinion was written
by Judge Pigott, the other judges con-
curing. Judge Lindsay refused tenn
porary injunction to the Boston & Mon
tana against the NJ. O. p. Co and other
companies. The Boston & Montana APP
pealed and filed bill of exceptions. The
NJ. O. +. Co. offered an amendment to
the bill of exceptions, setting out GER
tain material evidence, but Lindsay re-
fused to allow it's insertion.
The alternative writ of mandate to
him was issued January 4. and served
January 5, but Lindsays term expired
January 6.
He moves that the writ be quashed
and demurs to the applications. He
claimed he could not be compelled to act
after his term of office expired. The
supreme court holds that the law makes
it the duty of the judge who tried case
or rendered a decision to sign a bill OF
exceptions even after he ceases to be
Judge. The law says he may do so, but
the court says it means shall or must
when the rights Of the public or a third
party are affected. The court rules,
however, that the settlement by the
Judge of a bill of exceptions is a judicial
function. and that a writ of mandate
NAV not be issued to direct the making
OF any particular decision or ruling upon
a question involving the exercise of dis
cretion or judgment.
The court does not decide whether
| upon a proper showing. writ OF super
visory control would he warranted, but
refuses to divert the writ of mandate
from it's functions to serve the Office OF
such writ The motion to Quash the
writ of mandate was therefore granted.
The demurrer to the application. which
| is on technical grounds, is also sustained
Judge Knowles this morning dis
| charged from bankruptcy Conrad Beck
er. former chief of police in Helena and
! Annie p. Recker his wife. Becker la ately
| returned from Alaska.
Judge Knowles this morning declared
Joseph Deschamps, blacksmith, Mis-
soula, a bankrupt. His debts are $2.10
and assets 81. $50. consisting of house, 1ot
and furniture which are claimed exempt
| Ike b. Sheldon was this morning SEN
terced by Judge Knowles 10 500 hne
and two years in the Deer Lodge peni-
tentiary for perjury in land contest. He
! will leave for his new home tonight.
The supreme court this morning
affirmed the Judgment of the district
court of Silver Bow in the case of james
! 4. Murray and the Home Investment
and Realty company, piainiiifs and APP
pellants, against the Montana Lumber
and Manufacturing company. Murray
sued for title to part of Il railroad lode
claim, Silver Bow county. which cen
hicted with placer claim located by
John Moves and wife.
Murray's contest was based on the
fact that no adverse claim was SET ul
| when he applied for patent in the Hell
ena land office. The jury found for Muir
ray, with some exceptions. but the dlS'
trict court set aside its verdict and some
of the special findings and entered judg'
ment for defendant. which obtained titlf
from Noyes.