The producers news., 1921-08-26

The District Court of the Twen-
tieth Judicial Court opened at Plen-
tywood Monday, August 22nd, Judge
Borton presiding.
At 1870 o'clock the Judgment
against Olson and O'Grady was read
by the Judge, fining Mrs. O'Grady
$3.50 for contempt of Court and If un-
able to pay this fine to serve it out
in the county. Jail at Glasgow at the
rate of 81 per day. The same fine
was imposed on Dan ]. Olson with the
same clause that if fine is not paid
it would have to be served out in the
county jail in Plentywood at the
county jail and also that he should
remain in jail until he delivered the
warrants in question to the Clerk of
this court for delivery to Lockwood.
Following is the Judgment as rem
dered by Judge Borton and from
which judgment an appeal has been
mad to the Supreme Court of Mon
tana, both Mrs. O'Grady and Mr.. Oh
son being out on bail:
JUDGMENT
in the District Court of the Twen-
heth Judicial District of the State of
Montana, In and For the County of
THE STATE OF MONTANA, Elk
REL, L. V. LOCKWOOD, Plaintiff
and Relator,
R. G. TYLER, J. D. WATKINS, JENs
IBSEN, B. K. O'GRADY and D. J.
OLSON, Defendants and Respond
ents.
This matter having come Oh regu-
larly for hearing on the 25th day of
July, 1921, the Relator being present
in PRISON and represented by Howard
M. Lewis, Esquire, and the Respond
ents, Tyler, Ibsen, O'Grady and Oh
son being present in person and rep
resented by thir attomys, Arthur 6.
Erickson, Wheeler & Baldwin and AL
fred T. Vollunt, and the Respondents,
]. p. Matkfn, being present in court
and having filed an answer herein,
through his attorney, Paul Babcock,
Esquire and the Respondents, Tyler,
Ibsen, O'Grady and Olson, and the
Relator having filed herein an agreed
statement of facts, and the Respond
ent ~Matkms having introduced proof
herein, and time having been allowed
for the submission of briefs and
briefs having been submitted by the
respective parties, and the Court be-
ing duly advised in the premises;
The Court Finds:
1. That upon the 10th day Of May,
1921, there was issued out of this
Court a writ of mandate directed to
the said Respondents, Tyler, Matkin
and Ibsen directing them to audit, al
low and pay the claim of the relatoi
and his co-partner for work done IN
classification of land in said County of
Sheridan, according to the claims
duly and regularly filed therein in the
sums of $4,000, $1,000.00, $50O.OO
$500. 90, 100000, $4,000, $4,000
$278.48, $18O4.43, and to draw ant
issue warrants in favor OF Lockwood
| and Blakeslee and to deliver the same
to the said Lockwood and Blakeslee.
2. That the said writ of mandate
was duly and regularly served upol
all respondents herein.
3. That the order for the preemp
tory writ of mandate issued upol
NAV 18th, was made after the re
sDondents, Tyler, Ibsen and Matki1
had appeared in Court by their at
torney, Arthur c.. Erickson and by
written instrument disclaimed any ap
peal, or any right under any appea
which had Heretofore been made m
proceeding in this Court in whlcl
/ Lockwood and Blakeslee were relator
and Matkin, Tyler, Ibsen, O'Grady an
Rex M. Movius were the respondents
and numbered 1854 of Court Files
that at said hearing the said orde
was made with the. consent and ap
proval Of the said respondents, Tylel
Ibsen and Matkin.
4. That the said Board of Count
commissioners, Tyler, Matkin and lh
sen. and in pursuance of said wrl1
met. audited and allowed the sal
claims and ordered warrants draw
/ for the said amount.
i 5. That the said B. X. OGrady,
Clerk and Recorder and the said i
IG. TYLER. as Chairman of the Boar
: executed the said warrants.
i 6. That the said p. K. O'Grady ur
lawfully, without authority whats0e1
er, or any right, and in defiance
and interference with the writ Of mar
! date of this Court contumaclously q.
lliyered the said warrants to the sal
:lD D. J. Olson and the said y. J. Uso
4 now. has the warrants in his posses
sion. or under his control.
+ Z. And the court further flnds tna
demand was made by the Relator u
on both the Respondents, O'Grady an
!, Olson. for the delivery of the sal
s. warrants to him, but that SUCH q.
mand was refused by each and bot
of the said Respondents, O'Grady an
8 Olson.
5. The Court further finds tn
the acts Of said O'Grady and the ga
IOIson is secreting, concealing and r
: fusing TO deliver the said warrants
-twithout just excuse and IN denance
the orlIer of the Court, and such &C
were and are contumacious and