The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1924-07-18
REMOVAL PERMITTED

Helena, July 10.-Removal eff the
permanent county seat of Roosevelt
county from Poplar to Wolf Point,
which has been held up by litigation
since the election of November 7,
1922, will now be permitted under an
opinion of the supreme court handed
down Thursday, affirming the judg-
ment and order of the district court,
Judge George A. Horkan, dissolving
an injunction under which such re-
mQval had been temporarily restrain
ed
The court, in affirming the lower
court, provided that a remittitur
should issue forthwith. Accordingly
the remittitur was issued Thursday
| by Clerk j. w. Crosby and this, be-
ing mailed to Poplar on the Thursday
evening train, should arrive at its
destination Friday forenoon and will
permit OF the removal to Wolf Point
OF the county offices Immediately af-
ter its filing in the office of the clerk
of the district court.
Poplar had been the temporary
county seat from Nov. 2, 1920, and
on the face Of the returns of the
election in November, 1922, Wolf
Point won by majority of 1872 votes
and was duly declared the perman-
ent county seat. On behalf of Pop
lar an action was instituted in the
district court by J. L. Atkinson fer
an injunction to restrain the board
OF county commissioners and other
county officers from removing the
county seat CIR their offices to Wolf
Point. The complaint charged mis-
conduct on the part of certain of the
judges of election, illegal voting cor
rupt practices and fraud in several
voting precincts.
A temporary restraining order was
issued by Judge C. z. Conner and 2
hearing was subsequently held before
Judge John J. Greene, who refused
to vacate the temporary restraining
order and required the issuance of an
injunction pendete lite. From this
order an appeal was taken to the SUI
preme court, which declined to inter
fere, for the reason that the issuance
or a temporary injunction is largely
a matter of discretion on the part OF
a district judge and or the reason
: that there had been no showing oil
an abuse of such discretion.
Order Set Aside
Answer was then made bv certain
Of the defendants and r. J. Moore ca
Wolf Point was granted leave to in.
LetNene, Re Sc"ki Z q dissoluti9n d
the Injunction. The matter was bro
to trial before Judge A. Horkan, sit
ting without a jury, and he, en- Feb
II, 1924, filed his findings and conclu
slons IN favor of Wolf Point and two
days later signed a judgment setting
aside the injunction and decreeins
that the county seat be removed t.
Wolf Point.
From this order and judgment tn,
defense. representing the interests O.
: Poplar, appealed to the suprem,
court.
The latter part of the opinion which
was delivered by Associate Justice A
. L. Galen reads as follows:
Finally, it is the plaintiffs con
3 tentiOn that the courts findings ar
! contrary to the evidence. The evi
: dence was sufficient to justify tn
3 court in making its order dissclvin,
: the injunction pendente lite; and hav
! ing satisfied ourselves of this fact W
4 need go no further in consideration
I VI Clle several SPECIFIC lIilu1lgS udu
by the court.
r "This case having been twice be
: fore us on appeal, we now feel tina
n we are thoroughly ccnversant wit
: the facts and the law applicable. Tn
S expressed will of majority of tn
t electors of Roosevelt county in tn
selection of a permanent county sea
has been so long delayed because Q
this litigation, it is ordered that
n remittitud issue forthwith. The iudg
ment and order are affirmed"