The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1924-11-14

Great Falls, Saturday, Nov. a.
Declaring himself unable to preside
with absolute impartiality," in the
forthcoming federal court action IN
rbirh United States Senator u. H.
Wheeler will be tried on the charge
u.t he rcprcsentcd a client before a
federal department after his election
~ tbe rcnatc, Judge Charles N. Pray
Fridav morning formally disqualified
from hearing the trial. Judge Geo
al RourWn took similar action ear
rs a. September when the wheeler
cane was then called.
judge Pray's action clears away
two months Of speculation MS TO what
"a. attitude would be and also makes
+. possiblc for the senator's trial to
fak. place some time in December.
Judge Pray's certificate and that filed
81 Judge Hourquin were sent to
Iu1v, William b. Gilbert of Port
land senior Judge Of the circuit cdlrt
sf appeals, whose duty it will be to
name 4 nudge to try the case. The
opinion prevails in court circles that
The Portland Judge will do this soon
enough TO bring Wheeler to trial at
The December term Of court here.
IN the formal language OF disquaii-
hcation the certificate reads that the
Judge. "for good and sufficient rea-
sons. deems himself unable TO pre-
side ia the case with absolute impair
tiality.'
Ia q formal statement issued inn
mcdiatcy after he had learned Of his
Indictment, Senator Wheeler wrote
that. Here Is an indictment brought
on presentation by Daugherty
Former attorney gencral) appointee
with tho hope that il will be tried be
fore Judge who was also "A recent
selection Of Daughcrty"
Wheeler Indicted Here
Senator Whccer's indictment on
April 8. Of this year came as a eli
max 10 the long period of senatorial
uvr LEGATIONS and for a time shifted
the iuqciaitorial spotlight from the
national capitol TO Great Falls The
grand jury which returned the indict-
mcnt dclibcrated and heard evidence
Tor several days, presented by Unit
al states District Attorney John H.
SIattery Briefly the grand jurors,
in ana Indictment containing three
counts, charged that.
Senator Wheeler ON January, 1923.
after his election to the senate and
before he took his seat on March a.
1923, agreed TO accept from Gordon
Campbell diacovcrcr Of the Sunbursl-
Kelvin field, and his associates. n
large sum Of money for services To
be- rendered m relation TO proceedings
to which the government was "a par
tr 90 determine the validity and nri-
ority of six oil and gas permits.
thereafter, IL was charged, cn Janu-
airy 40, 1923, Wheeler received $4,000
from Campbell as fec for so repre-
sentiug the Campbell interests and
on February iG Of the same year re-
ccived another $1,000 with the same
purpose in view
The charges against the Junior sen
atOr precipltated "A storm Of partisan
ASSERTION athat Wheeler had been
framed" and within few DAYS af-
ter the indictment was returned, the
senate adopted q resolution authoriz-
ing committee TO investigate the
facts in relation 90 the indictment re-
turned against ono Of its members
senator William n. Borah was named
chairman and after hearing testimony
from nearly a score Of witnesses, the
committee found that there was nc
basis for the indictment. It's report
was adopted by the senate.
The indictment also furnished fueI
Tor the Senator Whoeler's campaign
Tor the vice presidency on the indie
pendent ticket and on several occa
Aions during the campaign he charg
Ell that tho former attorney general
NtaHfFrIafrsFf 90 flhf.
mental in returning tho Indictment
wheeler also charged that the repub
mean national committee had SEM
one ~ ITS employees to Montana to gel
atildavita against Wheeler.
Shortly before the September tern
or Federal court in Great Falls ,
series nt charges and counter CHARGE,
We're passed between Wheeler AN,
District Attorney Slattcry Wheele
charged that an attempt was bein,
made to halt his campaigning b,
bringing him 20 trial, repeatedly stat
cd That he was willing tc 20 To trial
alaltery denied that the case was talk
ing anything but the routine proco
durc
Wheeler Filed Demurrer
On the day prior TO the calling o
The calendar for the Great Falls tern
Of United States district court coun
sci for Wheeler declared that Wheel
en- was willing to 30 to trial at an
time but when the case came befor
Judge Bourquin, counsel for Wheele
filed demurrer which contended tina
the indictment was not sufficient [
constitute a cause Of action. That dc
murrer will have to be acted upon b
the Judge selected TO try the cas-,
for Judge Bourquin disqualified him
self as soon as tho demurrer wa