The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-17
LIAMs FROM OFFICE.
May NOT Be SUCCESSFUL
Judge Loud on Record as Holding Un-
Proceedings Are Brought.

Another effort has been instituted
to declare vacant the office of clerk
of the district court for Yellowstone
county. The first was made at Hell
ena, where the attorney general be-
gan proceedings in the supreme court.
That tribunal declined to assume
jurisdiction, and now the matter is
in the district court of which Will
liams was and is still the clerk.
Acting for Attorney General Dono-
van, County Attorney Harris filed a
complaint yesterday praying the court
to declare the Office vacant and to
oust Williams After setting forth
the election of the relator as attorney
general of the state and the election
of the defendant, the complaint con-
tinues as follows:
"That on the 26th day of February,
1904, said defendant absented himself
from the state of Montana without
having obtained or received the per-
mission or consent of the board OF
county commissioners of Yellowstone
county, state of Montana, so to do,
and has since remained without the
state of Montana without the per1nis-
sion or consent of said board of coun-
| ty commissioners, in violation OF the
provisions of section 1926, article I,
chapter III, title II, part w, OF the
political code of the state of Mon
tana, and by virtue thereof said de-
fendant has forfeited the said office
of clerk of the district court OF the
| Seventh judicial district of the state
of Montana, in and for the county
of Yellowstone, and the right OF the
defendant to the occupation and en-
joyment OF said Office has ceased,
and the duties thereof are being per-
formed by other persons than the de-
fendant, and any claim of defendant
to said Office by virtue of his said elec>
tion is unlawful and without legal
right, and said Office should be de-
clared vacant by judgment of this
court, so that the duties devolving
upon the clerk OF said district court
may be performed by the appointment
of some other qualified person to
said Office.
"That the said defendant has alb
sented himself from the state of Mon
tana for a period of more than 60
days, having left said state on the
Goth day of February, 1904, and con-
tinuously remained away from said
state to and including the 10th day
of May, 1904, in violation of the pro-
visions of said section 1926, article
l. chapter III, title II, part w, OF
| the political code of the state of Mon.
| tana, and by virtue thereof the said
defendant has forfeited the said office
of clerk of the district court of the
Seventh judicial district of the state
of Montana, in and for the county OF
Yellowstone, and the right of defend
ant to the occupation and enjoyment
of said Office has ceased, and the du-
ties thereof are being performed by
other persons than the defendant, and
any claim of defendant to said office
! by virtue of his said election is un-
lawful and without legal right, and
said Office should be declared vacant
| by a Judgment Of this court, so that
the duties devolving upon the clerk
Of said district court may be perform
ed by the appointment of some other
qualified person to said Office.
The Prayer.
Wherefore, your relator prays thai
the defendant be ousted and altogether
excluded from said Office of clerk o
the district court of the Seventh judi
cial district of the state of Montana
in and for the county of Yellowstone;
that said Office be declared forfeited
and vacant, and that your relator re
cover his costs herein
Summons by Publication.
A summons to the defendant was
issued to which the sheriff made re
turn that Williams could not be found
after due and diligent search. Upon
this Judge Loud made an order for
summons by publication. 1t was also