The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-12-08
SUPREME COURT RULES IN CON-
TEMPT CASES.
MUST PAY FINES IMPOSED
Petition Of Harris, Morse, ct al for
Writ Of Supervisory Control
Denied.

not issue in the matter OF the contempt
proceedings brought in the district
court against County Attorney Harris,
Chief of Police Morse and Policemen
Salisbury, Hannah, MOwre and Car
nant. Respondents application for a
review of the proceedings by the SUI
preme court has been denied and they
must now pay the fines imposed by
Judge Loud, although they will prob
ably escape paying the costs.
The application for the writ was
argued couple of weeks ago and ta-
ken under advisement by the supreme
court. Last Saturday decision was
rendered. The opinion was delivered
by Associate Justice Milburn, the
other members of the court concur
ring. In. it the statement is made that
I it is Impossible to conceive Of a more
| flagrant act of contempt than an in
terference with writ of habeas cor
pus, and concluding the opinion denies
the appellants petition.
It is charged that the lower court
erred in taxing the costs to the de-
PENDANTS, but that is not matter to
be corrected by the supreme court
in the case before it.
Apparent to Court.
"Although there was no technical
actual personal service OF the writ
upon Morse prior to the removal Of
the prisoner from the county by the
messenger to whom he was delivered
by the police" says the opinion, 1t
must have been apparent to the dis
\ trict court upon the hearing in con-
J, tempt as it is apparent to us, that
all of the relators herein, having
}, knowledge that the writ had been is
sued used their utmost endeavor to
! avoid it, whether directed to Morse
or the messenger, and to aid the mes
senger in carrying away the body OF
4 Snyder out of the county in opposition
to the order, for the time being, OF
the district court.
Decision Is Final.
The court of last resort having ruled
,, upon the matter, nothing more re-
, mains to be done by the men, except
,, to pay the fines entered against them
at the time the matter came up be-
fore Judge Loud Whether they will
, also pay the costs or make an effort
: to have the supreme court pass upon
the authority of the lower court to
) add the costs to the penalty is not
: known.
r Some curiosity has been expressed
: as regards the action of the Kansas
City chief of police when he is inform
!; ed of the result Of the appeal. That
officer was free with his promises to
]; see the local officers through" the
}. trouble into which they got them
: selves in their zeal to assist his rep
resentatives in getting Snyder beyond
/; the jurisdiction of Judge Loud's court
If he is still as enthusiastic as he
& was at the time of Snyder's arrest hf
! may adhere to his promise, but lons
> time has elapsed since then and his
enthusiasm may have cooled yer,
It much during the interim. The ag
;, gregate. of the fines is considerable
T, to which must also be added the cos
of getting the matter into the supreme
/ court, not to say anything of the at
!, torney fees. Some are of the opinion
) that having gotten Snyder into hi
custody the Missouri officer will prob
= ably now think long and hard befor
s; he decides to make good his promise
no matter how he may have felt at tn
time it was given.