Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-03-26
COMM I TEEMEN
ENJ0|NED BY
JUDGE H0RSKY
IHearing on Order to
Show Cause Is Re-
turnable April 5.
Leo Faust Is Complain
ant / in Action Filed
in District Court.
Special to The Tribune.

Special to The Tribune.
Helena, March 80. H. P.
Shelley, Republican national
committeeman of Montana won
the second round in the battle
Of Republican leaders to oust
him from office following pas
sage Of S. B. No. 4, in the
special session, when District
Judge A. j. Horsky signed an
order in chambers at 9:30 o.
clock Friday night, granting
the. application of Leo Faust of
Libby for an injunction tying
up the proposed meeting to be
held here next Monday by the
Republican state central COM
mittee for the purpose of elect
ing, in compliance with the
newly enacted statute, a ma
tion committeeman.
The hearing ON the order to show
cause IL returnable April S.
Fllee New Charge.
The complaint was filed in the dis
trict court on Thursday and the papers
were Immediately withdrawn. The mat
ter was argued Thursday evening and
again Friday morning. Friday evening
the attorneys met and the court grant
ed the temporary Injunction which will
result in the meeting Of the Republican
state central committee being delayed
nA L. .,,n All -
bility until longer in the event the case
is appealed to the supreme court for
settlement of the question of constitu-
tionality of the law.
, Leo Faust, who was one of the lead
ers in the campaign last summer and
was connected with the Republican
state organization, was the complain
ant in the action filed in the district
court here as relator for the state.
Shelley's enemies won the first
round when they passed the bill
through both houses.
Shelley Party to Suit.
In addition to Faust, Shelley is also
a party to the suit as is John Adami
of Helena, who was a delegate from
Montana to the Republican national
convention last June and who voted for
Shelley for the office he is defending.
delegates who swept the regular Re-
publican ticket in the April primaries
in Montana
The issue was brought on applica-
ton for the Republican state central
committee to appear and show cause.
The order of Judge Horsky is sweeping
in it's scope and it is believed will lead
Shelley's opponents to go to the su-
preme court soon.
The order prevents the Republican
state central committee from meeting
to elect. a national committeeman,
either by itself or through proxies or
Attacks ConstItutionaIity.
The complaint alleges that the bill
is unconstitutional in that it was
passed at special session, which it
is alleged is not proper. 1t is also
alleged that the title of the new law
is unconstitutional in that it is defec-
tive because it makes no mention of
an election except to fill vacancy
and that the law does not cover this
case either. G. A. Spaulding of Hell
ena is the attorney of record.
The complaint further states that if
the defendants hold such a meeting
and attempt to select national COM
mitteeman, that such action will be in
effectual and void for the reason that
the defendants have no power or right
TO select or elect any person as Re
publican national committee for the
reason that chapter one of the laws
of the extraordinary session is wholly
invalid by reason of the fact that O..
Fl. P. Shelley i now the duly elected
national committeeman of the Repub-
iican party and holds office for a
term Of four years by reason Of the
rules and laws of the Republican ma
tional committee. The complaint re-
cites the rule Of the national commit
tee under which Mr.. Shelly was elected
and recites that Mr.. Shelley's election
vas entirely within the provisions of
the said rules and regulations.
In conclusion the complaint states
that the rights Of the plaintiffs in
their respective capacities will be pre-
JUDGED by the election of committee
man by the state central committee
and that an injunction is their only
remedy.
THEY'LL STARvE TO DEATH!
Montreal, March 25-Decision to
pay plumbers for work done and not
by the hour has been reached by the