Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1927-12-30
Co. Commissioners INDICATED
Decision by Judge Hartman
Cases against Ed Iverson and Frank French, charg-
ing collection Of Illegal Fees fails flat in District
Court. Vigorous Decision wrttea by Judge Chas.
S. Hartman sustaining the Action of both
Commissioners.

car all over the country without
any benefit to the county.
The costs in these cases were
assessed against the accusers aud
are about $4,000 against each
The decision of the court IN these
cases follow, the one decision serv-
ing and made 10 apply to both, and
Your reading this decision will make
YOU see rather clearly that there
was no cause in fact for the bring
Ing of either of them.
IN THE DISTRICT COURT OF THE
TWENTIETH JUDICIAL DIS
TRICT OF THE STATE OF MON
TANA, IN AND FOR THE COUN-
TY Ola SHERIDAN.
Copy-DECISION
THE STATE OF MONTANA, on
the Accusation of Hans Hardersen,
Plaintiff, VS.. EDWARD IVERSON,
County Commissioner of Sheridan
County, Montana, Defendant.
This case was brought under Sec
ton HOP of the Revised Codes Of
Montana, 1921, which reads as fol-
lows:
"11702 Removal of public officers
by summary proceedings. When an
accusation in writing, verified by the
oath of any person, is presented to
the district court, alleging that any
officer within the jurisdiction of the
court has been guilty of knowingly,
wilfully and corruptly charging and
collecting illegal fees for services
rendered, or to be rendered, in his
office, or has wilfully refused or neg
lected to perform the official duties
pertaining to his office, the court
must cite the party charged to ap-
pear before the court at time not
more than ten and not less than five
days from the time the accusation
was presented; and on that day, or
some other subsequent day not more
than forty days from the date on
which the accusation was presented,
must proceed to hearing, in a sum-
mary manner, or trial, upon the ac-
cusation and evidence offered in sup
oort Of the same, and the answer and
evidence offered by the party ac-
used; provided, if the charge be for
the charging and collecting of illegal
fees or salaries, the trial must be
by jury, if the defendant so demands,
and conducted in all respects and in
the same manner as the trial of an
indictment for a misdemeanor, and
the defendant shall be entitled as
matter of defense, to offer evidence
of, and the jury under proper instruc-
tions shall consider, his good faith or
honest mistake, if any be shown, and
the value received by the state, coun-
ty, township, or municipality against
whom the charges or fees were made.
If, upon this hearing or trial, the
charge is sustained, the court must
enter a Judgment that the party ac-
cused be deprived of his office, and
for such costs as are allowed in civil
cases; and if the charge is not sus-
tanned, the court may enter judg-
ment against the complaining wit
ness for costs as are-allowed in civil
cases."
The law respecting this subject
prior to the enactment of Section
11702, will be found in Section 9006,
Revised Codes of Montana, 1907,
which reads as follows:
"9006 (ss l545). When an accusa-
tion in writing, verified by the oath
of any person, is presented to a dis
trict court, alleging that any officer
within the jurisdiction of the court
has been guilty Of charging and col
lecting illegal fees for services rem
dered, or to be rendered, in his Of
fee, or has refused or neglected to
perform the official duties pertaining
to his office, the court must cite the