The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06
JUSTICE FRASER SERVED WITH
WRIT OF cERTioRARi.
HIS ACTIONS ARE ATTACKED
Must Certify Proceedings in Case
Where He Reconsidered Judg-
ment and Entered Second.

Because of his we'll known charita-
BILE feeling for those who may believe
themselves to be in need OF little
clemency, Justice Fraser finds him.
self in the position OF respondent
to writ of certiorari issued by Judge
Loud Wednesday evening in which he
lis commanded to appear before him
land make certification to the proceed
sings in a certain criminal action tried
by him as justice of the peace for
Yellowstone county.
The title of the action is "State OF
Montana on Relation Of Yellowstone
County, Appellant, VS.. Alexander Fra
ser, Respondent" and G. L. Harris,
county attorney for Yellowstone coun-
ty, is the petitioner for the writ.
The Petition.
In the petition it is set. forth that
on the dates named the respondent
was duly elected and qualified and
acting justice of the peace for the
township and county named; that
November 5, 1902, Il. s. Jackson, a
constable, made complaint in his court
that A. Reilly was guilty of the crime
of selling liquors on election day and
prayed that a warrant. for the arrest
of Reilly be issued; that such warrant
was issued and the defendant therein
named arrested; that he was duly
arraigned and pleaded guilty to the
charge against him and was fined
in the sum of $3.50, with the alterna-
tive of spending 125 days in the coun-
ty Jail in default; that a mittimus
was issued and delivered to George
w. Hubbard, sheriff. Afterward, the
petition continues, the mittimus was
withdrawn by Justice Fraser; that
| March 18, 1898, the defendant, ~
his attorney, H. A. Firth, filed mo-
ton in the Justices court to recon
slider the Judgment entered; that
April 16, 1908, the court did so recon
slider the judgment and entered an
order vacating the original judgment
and decreed that Reilly should pay a
fine of $50 costs, or be committed
to the county Jail at the rate of 81
a day until such fine was paid.
Here the petition ends with it's
recitation of facts and alleges that
Justice Fraser had no authority OF
1 jurisdiction to reconsider the judg
ment. except so as to modify the same
SO that it should be legal judgment
/ entered in accordance with the stat
utes applicable in such cases. but
that he did not have authority to entel
a second Judgment that would reduce
the original fine. A further allega
ton is that Yellowstone county is
party benefcially interested and thai
i the second fine and costs have beer
paid.
1t is set forth that the petition
is based upon the affidavits OF =. L
Harris, county attorney, w. O. Par
ker. chairman of the board OF count!
commissioners, and George w. Hub
!. bard, sheriff of the county. Prayel
is made that the writ be issued ant
that Justice Fraser be ordered tt
desist from further proceedings II
!, the case until his actions therein
shall have been reviewed by the court
,lif the court finds that the responder
I did not proceed regularly and withil
his authority as given him by tn
statutes in reconsidering the mrs
Judgment and his subsequent imposl
ton of fine OF $50, it is asked to re
mand the matter back to him an
, correct his first judgment and tina
: the Judgment imposing fine oS 50
r he declared of no force and that a.
! order be made annulling it and mod
!. fying the Judgment of. $3.50 so that
. will be good and valid as against tn
4 defendant.
The Affidavits.
y In his affidavit w. o. Parker, a
:, chairman of the board of county con
e missioners, deposes that he is familia
with the case of State VS.. A. Reilly
that he is informed and believes tha
l. Reilly was arrested, arraigned an
pleaded guilty as set forth in the p'