Montana labor news., 1939-09-21
PRESIDENT SIMMONS
CITED TO APPEAR ON
CONTEMPT CHARGES

George Finlay Simmons, president
of the State University at Missoula,
has been cited to show cause before
the Honorable George w. Padbury,
Jr, in the district court at Helena,
Montana, on September rs, 1899,
why he should not be punished for
contempt in failing to comply with
the mandate of the court reinstating
Professor Philip o. Keeney as Ii
brarian at the University.
It will be remembered that Pro-
fessor Keeney was discharged as
Librarian at the University at Mis-
soula by President Simmons, effec-
tive September l, 1887, and was re-
fused a hearing before the State
Board of Education.
A writ of mandamus was there
upon issued by Judge Padbury, di-
recting the State Board of Educa-
ton and President Simmons to show
cause why Professor Keeney should
not be reinstated to his position upon
the ground that he had a position
of permanent tenure from which he
could only be removed after charges
had been filed and a hearing held
by the board.
The matter was tried in the dis
trict court in September, 1887. The
Board of Education and President
Simmons admitted that Professor
Keeney had not been given a hear
ing but contended that he could be
discharged without a hearing. There
after, on March %, 1888, Judge Pad
bury decided in favor of Professor
Keeney and issued a writ of man
damus, directing that Professor Kee-
ney be reinstated as Librarian and
professor in the department of Ii
brary economy at the University at
Missoula, and that he be allowed
his salary from September l, 1897,
upon which date he had been x
cluded from his position.
The Board of Education and Sim
mons thereupon procured an order
staying the execution of the writ,
pending an appeal to the Supreme
Court of the state of Montana. On
June II, 1889, the Supreme Court
affirmed the judgment of Judge Pad
bury, directing the reinstatement of
Professor Keeney and the payment
of his back salary, The defendants
moved for a %rehearing which was
thereafter denied on July 8.
Wellington D. Rankin, of Helena,
represented Professor Keeney in the
district court and before the Su-
preme Court.
Thereafter, on July 10, the State
Board of Education unanimously
passed a resolution requiring that
Professor Keeney be reinstated and
paid his back salary, in accordance
with the writ of mandamus.
However, it is alleged in the affi-
davit of Professor Keeney filed be-
fore Judge Padbury, that Professor
Keeney presented his claim for back
salary to President Simmons, but
Simmons has not approved it, and,
accordingly, Professor Keeney has
not been able to receive his back
salary although the board ordered
that he be paid at a meeting attend
ed by Simmons.
A number of letters written by
President Simmons to Professor
Keeney, when he ~endeavored to re-
sumo his duties in July, 1899, telling
Keeney what his duties are to be,
are annexed to the affidavit, which,
it is alleged, so limit his authority
as to, in fact, reduce him to the
status of a student assistant in the
library.
Upon consideration of the affi-
davit, Judge Padbury issued the
order requiring Simmons to show
cause why he should not be pun
ished for contempt.
President Simmons has filed an
affidavit in court attempting to dis
qualify Judge Padbury from hearing
the contempt matter. 1t is under
stood, however, that Judge Padbury
will disregard the affidavit since the
Supreme Court of Montana has held
that a district judge cannot be dis
qualified from hearing a contempt
charge based upon the alleged vio-
lation of one of his WI DEGREES.