The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1921-07-29
Judge Borton Accompanies Lockwood Over from Glasgow
Car to Hear Charges of Contempt Filed Against Shsrida
County Officials.
WHEELER, VOLhIJM AND ERICKSON
APPEARS FOR COUNTY OFFICERS
Officials Contend That Lockwood Mandate Void and Tha
They Cannot Be Held for Contempt on Void Order.
1921 LAND CLASSIFICATION LAW
SAID TO BE UNCONSTITUTIONAL

tempt of court because they had dis
obeyed the orders of the Courts of the
Twentieth judicial District, in not
paving Lockwood & Blakeslee the
notrious land classifers, their war
rants in settlement Of the classified
ton contract, as was ordered by
Judge Borton in May, in the premises,
came on Monday morning at eleven
o'clock, pursuant to the citation is
sued out of the district court and
signed by Judge Borton when he was
here about a week ago.
Attorney B. K. Wheeler, Vollum
and County Attorney Erickson repre-
sented the officials and Attorney Il.
M. Lewis represented the appellant,
L. v. Lockwood.
The case opened and B. K. Wheeler
on behalf Of all the officials, except
Jud Matkins, who announced that the
above attorneys were not representing
him but that he had another lawyer,
filed a motion to quash on the grounds
and for the reason, that the court
was without jurisdiction in the mat
ter and the case because of the fact
that the law under which Lockwood
had brought his action had been de-
clared unconstitutional by the SUI
prefne court, and that the Lockwood
Mandamus action died when the law
mon which it was predicated was
vnided. and for the further reason
that the 1921 Land Classification Law
was also unconstitutional in as much
as it was retroactive. B. K. Wheeler
argued for considerable time, when
he was followed by Attorney Vollum'
who called attention of the Court to
the Fact that the 1921 law was un-
constitutiHaal for the reason that the
same was a revenue measure origin
at;ng in the senate, and because 1t
was ~ retroactive and because it was
an nnwarranted interference with the
nreropatives m of the court. Mr.. Vol
lum presented numerous citations ano
decisions in support OF his argument.
The court adjourned until nall pas
one when it convened and howard M'
Lewis presented his argument 10 tne
effect that the order was valid ano
that the jurisdiction of the cour.
could not be raised on contenP'
proceeding, but he did not meet muc1
| Of the argument on the const1tutlona'
noints raised, although he had man
uscript containing numerous declslons
B. K. Wheeler made the argument
nm rebuttal, during which argument
Indge Borton made the starting
charge that he had made the man:
damus order at the request OF !ne
! County Attorney. An mvestgatlon
If the records in the case however
does not bear out Judge Bortons al
fJnon the completion of the argu.
menfs on the motion to quash, tne
attorneys agreed to a stipulation o.
facts on the contempt charges ana tne
| county officials, namely Olson ane
0,13radv fled their answers, it Delne
,o,,orted that Commissioners Iyler
1h 1heen and Matkins, had filed thell
answars before, in which answers
thav I set up that they had obeyed the
| Gnckwood Mandamus Order IN every
dota;l. which compliance as it seems
was @ IN violations of the Clair Stone1
IN nj; junction from the Supreme Court
anG IN behalf, as is contended, OF
void order Of the court.
The Stipulation Of Fact was com
nleted Yesterday and was slgnee
Thursday f1d evening by attorneys rep.
resenting both parties, and a numpe,
as e days were allowed both sides to-
the - fiiinq Of the several BRIEFS ane
1l,s Ia,doe T Borton promises to have hls
decision in the case ready ana oe
i;vered d on Monday, August 22nd.
The case created considerable inter
act ta and = large number Of people from
;the e >.,l county seat and most all pre-.
;ncts s,n If the county attended tn
hearing, and the court mousse wa
ps1 T,esdav morning about four O'Clock (
Judge Borton and I. Y. LocRMouu WOO =, e,
via | car across the reservation lol
their home at Glasgow.