The copper era and Morenci leader., 1912-04-19
SANDERS CONTEMPT CASE HAS BEEN
 DISMISSED
ent Restraining Justice of Peace Hearing Contempt Pro-
 ceedings.

l CnI hcSCTdininS JQSLiCG or FGdCe
 Hearing Contempt Pro-
 ceedngs.
 The temporary writ of prohibition asked for by F. A. Sanders against Justice Moder, which was granted by Judge Fletcher M. Doan, of Cochise County, prior to the admission of Ar izona as a state, was this week made permanent in hearing before Judge F. B. Laine, of the Superior Court Of Greenlee County.
 The writ prohibits and restraints Judge Moder of the Justice Court of Clifton from inflicting any penalty up on F. A. Sanders on the charge of contempt of his court
 The contempt proceedings grew out of the cases pending before the Grand Jury for alleged mutilation and alteration of public records of Green lee County. Subsequent to the pre- liminary hearing before Judge Moder complaint was prepared by District Attorney Horton alleging contempt of the Justice Court and cited a certain conversation had between the Justice of the Peace and the defendant while the preliminary hearing was in prog ress before Justice Moder Pending
 
 temporary writ of prohibition was granted. Since the advent of state hood the application for the writ to be made permanent was remanded to Greenlee County for trial and the matter came up for hearing before Judge Laine this week. F. A. San ders was represented by Judge w C. Mcfarland and Justice Moder by Dis trict Attorney Horton The judgment Ot the COnrT was follows
 In the Superior Court, of the State of
 Arizona, in and for the County of
 Greenlee.
 Frank A. Sanders, vs. H. Moder,
 This is an application by Frank A. Sanders praying for Writ of Prohi- bition, prohibiting and restraining H. Moder, Justice of the Peace, in and for Precinct Number Three, County of Greenlee, Territory of Arizona, (Now State of Arizona) from assuming or exercising, or attempting to assume or exercise Jurisdiction in an alleged con tempt.
 The verified petition of Frank A. Sanders herein, alleges among other things: that on or about December 23rd, 1911, an alleged criminal com plaint was filed in said Justices Court of Precinct Number Three, County of Greenlee, Territory of Arizona, before the said H. Moder, Justice of said Precinct, charging him with felony, that thereafter additional felony char ges were filed in said court against him; that on or about January 26th, 1912, all of said proceedings so insti- tuted against him were determined and concluded by said Justice, and the petitioner Frank A. Sanders held to answer before the Grand Jury If said Greenlee County, upon each and all of said charges
 That said Frank A. Sanders after his arrest and before his examination on said charges approached the said H. Moder, Justice of the Peace as aforesaid, and in conversation of the said Frank A. Sanders with the said Moder used language, and spoke di- rectly to said H. Moder as follows:
 Judge, how could you take the
 complaint against me? Don't you
 know that 1 could prefer criminal
 charges against you? Why Judge
 you will have to discharge me in
 those cases.'
 There are other matters set up ill the petition of Frank A. Sanders, which are not necessary for the final determination of this matter all of which are admitted by the answer of H. Moder filed herein
 Upon the filing of said Petition, in the District Court, of the Second Ju- dicial District, of the Territory of Arizona, in and for the County of Co., | chise, the judge of that court made an order prohibiting and restraining, the | said H. Moder, from exercising, or as- | sum1ng to exercise any power or jur- | isdiction, or from taking any fur rther steps in or about the same. until the | further order of the Court
 Petitioner prayS that upon the final | hearing of said Petition, said prelinl- mary order be declared final.
 It is declared by the Statutes of Paragraph 2046 of the R. s. of Arizona, as amended by Act. No. of the Acts of the Legislative Assem- bly, of Arizona, of 1903 (C.C) as fol- lows:
 Justices of the Peace shall
 have such jurisdiction only as
 may be affirmatively conferred on
 them by law
 It is further provided by Paragraph 162 P. c. of the h. s. Arizona, of 1901, subdivision 1, (Which is the on- y subdivision applicable to this case, as follows:
 'Disorderly, contemptuous or in-
 solent behavior committed during
 the sitting of any court of Justice,
 of the Court, and directly tending to interrupt it's proceedings, or to
 impair it's proceedings, or to i'm
 pair the respect due it's authority"
 The alleged contempt complained Of consisted of language used by Frank A. Sanders, directed to the said H. Moder, in conversation held outside of the Court room, while the court was not in session, and not sitting. The said Justices Court, being q Court of limited and inferior Jurisdic- ion hor l.