The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1921-11-25

WMch ne naQ &Ott&n 1EOm 0nSsk1SA<4ttt
county without competitive bids, ans
which the new board of county co..
missioners had refused 10 pay. SIS
Onstad & Greer were retained by
COUNTY Attorney Erickson to defer
the county officials and they made 4
great fight against the rnandana
but Borton overruled them on eve
point, and granted the mandate, b.
Onstad & Greer finally secured j
stay Of execution II order to appessl
to the supreme court At the ves5
time this case was being tried, tlls
Clair Stoner Injunction case was a
ready in the supreme court where es--
cry issue had been heard and tie
law had been argued and the decisie
was expected daily, settling the Which,
matter, but yet Borton heard ia
case and granted the mandate.
few days later the supreme cou
passed on the matter and held tlas
classification law unconstitutiona
Lockwood got the law amended e
meet the objections of the court, re-
passed by the Legislature and in tiI9ss-
asked the county attorney to
the appeal. The county attoTiE
thinking that the case founded ures
the nul1ed law was dead, dismiss
the appeal procedure Id order to wirs
up the matter. Lockwood, by his
torney, then came in and asked fa,
an amended Judgment Of the ma
damus that had been killed by tis5
supreme court and an order compe
ling the county commissioners to ls-
sue warrant to pay him his balans
which he claimed that he had corr
ing. Judge Borton did this remarz
able thing, and thus issued an ord ].
compelling the county officers to a
the very thing which the supren
court had restrained them from d.
ing, thus there were two opposite an
conflicting orders involving the sala'
parties in the same matter. tn
county commissioners met, and fol
lowing the advice of the county q
torney and their own inclination, cor
piled with Judge Borton's order, ar
| the warrant was issued and deliveres
by B. K. O'Grady to County Treasure
Olson, but Olson stood pat and rs
fused to either register the Warras
or return the same to LockWoGS
Contempt proceedings were then II
stituted against Olson and O'GraG
and the members Of the board 6
county commissioners. The counS
commissioners were exonerated by til
| Judgment of Borton, but Olson an
IO'Grady were found guilty and fine
in the sum Of $3.50 with. the errle
| that they work it out at the rate q
two dollars per day until paid MI
O'Grady was sentenced to serve ho
term at the jail at Glasgow and d.
Olson was sentenced to stay in ia3
until he registered and delivered til
warrants to Lockwood. Olson a.
O'Grady, by their attorneys, Wheel
& Baldwin, and S. e. Paul and 4
T. Vollum, weilt to the supreme con.
on a writ of review, with the resi-;
that Judge Borton was revaV Ved.
LOCKWOOD STIJNG
AS the result of this bluff actior
which did not work on b. J. Olso.
Mr.. Lockwood's affairs are in lust til
same position as they were when il
started, and Mr.. Lockwood has had
nice bunch Of experience. In q
probability he will commence. anothe
+ action in mandamus under the nes
law to compel the commissioners {
pay him, and the case will probabi
go to the supreme court again, wheH
/ the constitutionality Of the new la,
will be tested, and in all iikelihoo
/ the new law will also be set aside s
! was the first one.
/ COMMISSIONERS IN CONTEMP=
just where the county comnissios
ers are at in this matter IS a auan<lry