The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1921-07-22
COUNTY OFFICERS
CITED FOR CONTEMPT
(Continued from First Fage)

| Greer, who had fought the case Tor
Clair Stoner, to appear for the coun-
| tv commissioners against the issuing
| the mandate. All objections present
led to the supreme court was present.
ed to Judge Borton, but he over-ruled
each and every motion and objection
and finally granted the Mandate which
| Lockwood prayed for. Clair St0ner
knew that this meant the mooting OF
his Injunction action in the supreme
court, and Onstad & Greer made q
hard fight to get stay for appeal,
which was finally granted. A couple
Of weeks later the Stoner case was
decided in the supreme court, grant
ing the Injunction that Stoner sought
and declaring the land classification
! law unconstitutional. All people
| thought that this settled the matter,
and all thought that the Mandate is.
sued by Judge Borton automatically
/ dismissed, but it seems that Judge
1 Borton does not think so, nor Lock
wood nor Lockwood's attorney, Mr..
Lewis.
/. After the law was voided by the
court, Mr.. Lockwood went to the Leg
islature, where he succeeded in get
ting another law passed, purporting
to remedy the objections Of the SUI.
preme Court, and validating the old
classification contracts entered into by
] the different counties under the old
law.
In May, County Attorney Erickson,
at the request Of II. NJ. Lewis, law
4 yer for Lockwood, appeared in court
before Judge Borton, who had come
over for the occasion, and stipulated
for a dismissal of the stay in the
Mandamus action. Whereupon, Judge
Borton amended the old Writ of Man
date, ordering the Board of County
/ Commissioners to meet, audit and al
low the Lockwood claims, but at the
same time denying the application
for mandate against Clerk & Record
son, and dismissing the action against
I them
! The claims were allowed by the
Board of County Commissioners, and
the warrants drawn by Mrs. O'Grady,
! in spite of the fact that the injunc-
ton in the Clair Stoner case had for
hidden doing that very thing. Mrs.
IO'Grady, as is done with all warrants,
sent them in to County Treasurer
Olson, who after consulting prominent
counsel, refused to either register the
warrants or give them back to Lock
fwood, on the grounds that to do so
would violate the express commands
of the Injunction issued by order of
1.-THE Supreme Court.
As the Mandate against Treasurer
Olson had been denied by Judge Bor-
ton and dismissed and as the Injunc-
ton of the supreme court has been
served upon him and is still in full
force and effect as far as the old law
is concerned, Mr.. Olson does not see
how he can do any different than to
observe the order of the court served
upon him. It seems that Mr. Olson
is in a position, peculiar as it may
Seem, of being in contempt of court
which ever way he acts.
| Mr.. Olson takes the position that
the Lockwood Mandamus action was
instituted under and predicated upon
a law that has since been held void,
and that the action under the law was
nullifed at the same time and that if
| Mr.. Lockwood wants relief under the
new law he will have to bring action
based upon the new law, in order
that justice be done to all parties and
in order that an appeal can be taken
| to the supreme court on which the
new law can be tested. For the way
things are now, any appeal to the SUI
preme court on any Judgment or or
der by Judge Borton in the mandaln-
US case can only decide whether the
mandamus was legally issued, and
then it would be necessary to insti-
tute another action to find out whether
or not the new law is constitutional,
which Mr.. Olson contends is not. as
the constitutionality Of the new law
cannot be attacked by any collateral
proceeding growing out Of the Lock
| wood Mandamus, on which Lockwood
bases his contempt action.
B. K. Wheeler Will Defend Olson.
The Contempt action is bound to
narrow down to Treasurer Olson, as
all of the other officers have done ev-
Eerything which they can do to obey
the Lockwood Mandamus, and Mr.. Or
son is not included in the scope of
the Writ, it is not understood Just
how he can be held to be in contempt
kQf court. B. K. Wheeler will be in
|Plentywood to look after the interest
LOT County Treasurer Olson and the
Taxpayers, prepared, to fight the
matter through the highest courts of
+ the state.
+ Great Interest in Case.
There is great interest in this case
ON the part of the farmers and large
numbers of them are planning on at
tending the hearing nnYf Mnnday,