The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1921-07-29

Mr.. ERICKSON: f. the Court
please. this court on about july 3.
1921, in open court, called my atten-
ton to certain articles appearing in
the Producers News, under date of
April 22, 1921, relating to a certain
action then pending in this court, en-
titled Joseph F. Dolin VS.. Jens Ibsen,
R: G. Tyler and J: D. Matkins, con-
stituting the board of county COM
missioners Of Sheridan County; and
also to an article appearing in the
Producers News on May 6, 1921, re-
lating to the case Of State of Mon
tana ex rel. Joseph F. Dolin VS.. r. G.
Tyler and Jens Ibsen; and the Court
directed me to investigate said ar
ticles.
l wish to state to Your Honor that
commenced investigation Of these
articles prior to this date. On July
23rd Your Honor made an order di-
recting me to file in this court charges
of contempt based upon said articles
against the editor of the said Pro-
ducers News. If the Court please, I
take this position in the matter: When
crime has been committed or law
broken or violated, then it is discre
tionary with the county attorney to
proceed Of his own accord; but if a
complaint has been filed, then he
must proceed; he has no choice; but
before a complaint is filed not by the
county attorney, if the county attor-
ney is not positive or absolutely sure
that a crime has been committed or
a law broken or violated, he need not
proceed.
Now, you have directed me to file
in this court charges Of contempt. Be
fore charges can be filed, an affidavit
setting up the contempt matter (must
be filed), and the Court being the
complainant in this case,l will ask
the Court to sign such affidavlts.
have prepared two affidavits one for
each article, and if the Court will
sign the same, and an order TO
show cause, I will have a citation IS
sued and proceed in the matter.
| Hands papers to the Court.
THE COURT: Well, think this,
Mr.. Erickson: that you are prose
cutting officer of the county, and a
Judge is not the prosecuting OH
| Ger. I think it is your duty as
county attorney, if your think
| there has been a violation OF the
law here, to sign these attidavlts
yourself, and as county attorney
I don't think there is any question
/ but what it is your duty to pro-
ceed. I made a statement to you
some time ago, directing your at
tention to these articles, and that
there probably was a violation OF
the law. That was quite little
while ago. Nothing was done
about it. so in the early part OF
Julv. about July 7th, | called your
attention to them in open Court;
and nothing further was done, so
about four days ago / made an or
der that YOU proceed in these mat
ters. I did this because | thought
vou were the prosecuting officer OF
fhe county. representing the coun-
~ and IL there has been VIOLA
t;on of law here it was your duty
| to proceed. / think it is your duty
/ to sign these afidavits, the same
as YOU sign a charge or a stase-
| ment or information tlled IN aus
MR S13ee ERICKSON: SSo If the Court
nlease. I meant that the statute says
to draw and file informatlons anu
indictments. MI .onoe;+;on
i is this, Mr.. Erickson: Il you
l state that you don't want 70 pro
| ceed with these matters as county
| attorney. then the Court VIII see
| about getting somebody else y
proceed. I don't think it IS lne
Courts duty to act as pIosecGe.S9 G..9
! officer of the county. All tne 1onI. "
i wants to do is to see the laws EN-, en1