Montana labor news., 1936-04-02
PERSECUTION OF
CHIEF JUSTICE
DRAWS TO END
Four District Judges Called
Hear Inspired Fight on
Chinook Man
Bv JACK HALL

By JACK HALL y
Montana's greatest legal fiasc
persecution of Judge w. B. >
chief justice OF Montana's s
court, will come to a close c y
10th with four district just
Associate Justice c. F. Morr {
as a special trial court.
Announcement was made X
that Judge Sands and Justices 1t
thews. Stewart and Anderson had dis
qualified themselves. The four judges
called in are O. F. Goddard Of Billings,
w. F. Ford of White Sulphur Springs,
R. NJ Hattersley Of Conrad and Stew
art McConochie Of Lewistown.
Allied corporations of Montana
united in a body to oppose Judge Sands
in the last elections. He defeated their
candidate, Lew L. Galloway, by a large
majority.
Trumped Up Charge
Singing under the bitter defeat, the
corporations then inspired w. D. Tip
ton to harass and attack Judge Sands
through the courts. A trumped up
charge OF election fraud was made
against him. The sole basis OF this
charge we. that Judge Sands had told
the voters OF Montana that he be-
lieved it was illegal for the supreme
court judges to accept a $l,5O annual
gratuity for reporting their decisions.
Before the salary OF the Justices had
been increased to 10000 annually, and
before an official reporter was m
ployed by the state to report these de-
c%isions, the judges were required to
hire stenographers to do this work.
Judges Sands said, and he still
maintains, that it was no longer
right and legal for the judges to
draw down this stipend when the
law increased their salary to reim-
burse them for ~diverting the re
porters' fee" to the hiring of an
official court reporter.
Corrupt Practices?
Upton claimed that this was dis
honest, a fraud on the people and cor
rupt practices. The average citizen be-
lieves that corrupt practices mean us
ing a huge slush fund to buy elections
as the supporters OF Judge Galloway
performed during the campaign.
Sands made a single-handed fight,
carrying his battle direct to the voters
who elected him. The corporations
have repeatedly attempted to throw
this decision Of the voters out. They
want their own men on the state SUI
preme court benches.
The case was originally filed in dis
trict court in Helena and Judge Rob
ert Stong of Billings was called in to
hear it. A full and complete hearing
Of the flimsy charges was given Tip
ton and his attorney, E. G. Toomey,
by Judge Stong. The case is SO ridi-
culous and apparently so vicious and
untrue that Judge Stong finally threw
it out OF court.
But the corporations have plenty
of money and when they start out
to prosecute a man they go the
limit.
Toomey prepared a vicious, insult
ing appeal and derided Judge Stong's
decision. He filed the appeal in the
supreme court. Reports are current
that If Toomey can win in the case
and destroy Judge Sands that the cor
porations will make him their candi-
date for governor on the Republican
ticket. Voters OF Montana would
welcome a crack at Toomey at the
polls.
Sands Is Defended.
While Judge Sands is defended by a
long list Of brilliant attorneys and pro-
gressive leaders OF Montana, including
Senator Wheeler, Representative Mon
Afghan, George Hurd OF Great Falls,
w. D. Rankin and many others, Too
mey alone is carrying on the fight
against Sands. He is attorney for the
Montana Power company and the
Great Northern Railroad.
Montana citizens believe that the at
tack upon Sands is aimed to destroy
his health, rather than to unseat him
from the supreme bench. The tremen-
dous labors OF his high position are
exacting. With the corrupt press an
noying him and the corporation attor-
neys attacking him, they hope to I'M
dermine his health. That this attempt
is failing miserably is indicated by the
clarity and the courage Of his famous
dissenting opinion in the case against a
Helena bank, printed in full in this
newspaper last week.
Judge Sands welcomes the final adj
Indication OF the case that has gripped
the attention of Montana as no other
legal case in recent years. He con-
tends that the proper procedure is i'm
parchment. Montana voters will
watch the proceeding with keen inter