The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
Ebert D. WEED SAYS THAT HE
WILL REFUTE THEM.
HAS FILED HIS OBJECTIONS
Case Set for Hearing by the Supreme
Court on Monday Next, Attor-
ney General Donovan
Appearing.
Especial to Inter Mountain.)


Helena, Dec. 17.-Elbert D. Weed, for
mer United States district attorney, and
a prominent member of the bar of Lewis
and Clarke county, has filed with the
supreme court objections to the suf-
fciency Of the application for his dis
barment made by Theodore Mayer,
rancher residing in the valley.
The court accepted the objections. Mr..
Weed made personal appearance and
stated to the court that the charges
against him were not true and that he
considered them frivolous.
Will Be Given Hearing.
The court stated that some disposition
would be made of the matter within a
day or two, but Judge Brantly intimated
that Mr.. Mayer would be given an op-
portunity to be heard and that Mr..
Weed would be notified to appear in his
own behalf. Mr.. Weed is charged with
making contract to deliver certain
piece of land to 4Ir. Mayer.
The petition for his disbarment re-
lates that he received money from the
petitioner as a part payment on the
land and then never delivered, or in any
way attempted to execute his contract
or pay back the money
Mr.. Weed denies the charge against
his integrity. He states, however, that
he did make a contract for the delivery
of the land to Mayer, but the land was
mortgaged at the time and Mr. Mayer
was well informed as to that fact The
panic occurred soon after and the mort
gage was foreclosed on the land and he
was unable to deliver it.
In his objections to the complaint Mr..
Weed says: '"rhe accused and respond
ent, not desiring to evade, but anxious
now and at all times to fully meet, con-
fute and repel an accusation affecting
his professional conduct or personal in
tegrity that may be made against him,
according to the law and practice of
this honorable court, but nevertheless
desiring that the valuable time of this
court, and his own time, should not be
consumed in the investigation of frivol-
Gus charges, and hearsay allegations
without a semblanee of verifcation, re-
| spectfully objects to the sufficiency OF
the application"
Grounds for Dismissal.
Mr.. Weeks asks for dismissal of the
petition upon seven grounds:
First, that 1t does not allege in the first
three paragraphs any fraud or msrep-
| resentation.
Second, that the first count or charge
does not allege that the accused was ever
convicted of any felony or misdemeanor,
Third, that the petition does not charge
any failure on the part of the accused
to obey any order of a court or any dis
obedience Of any such order
Fourth, that the petition does not allege
that the respondent ever appeared for a
client without authority.
Fifth. that the accused never allowed
the use of his name by an attorney who
was not duly authorized practitioner.
Sixth, that the petition does not all
1ege that the accused was ever guilty of
malpractice, crime or misdemeanor.
Seventh, that five Of the counts ara
made on information and belief and not
on actual facts.
The supreme court set the hearing for
the disbarment proceedings for next
Monday morning.
Attorney General Donovan will repre-
sent the court at the hearing, the papers
having been referred to him.