Montana labor news., 1944-10-19
COURT ORDERS
NTEWOEHNER TO
ANSWER CONTEMPT

80" $500
ner. White Sulphur Springs lawyer, to
appear Monday, oct. %, to show why he
should not be adjudged in contempt Of
the court for allegedly attempting to use
the processes and records Of the court
for political purposes.
The citation grew out of a motion ask
ing the court to change its minutes to
show Associate Justice Left Erickson alb
sent on certain occasions, which Me
woehner undertook to file last Saturday.
Erickson is democratic nominee for
governor.
The motion stated that Erickson, while
serving on the national railroad ad-
justment board, was absent a total OF
lat days in 1871 and 1943 and received
S8,642 in per diem and expenses, the per
diem being $50 a day.
johnson Not Named
Chief Justice Howard A. Johnson, also
one of the western supreme court judges
who has served as a wage dispute referee
on the board, was not named in Niewoeh-
ner's motion, which requested that the
minutes and records of the supreme
court Of the state of Montana be purged
of misleading statements and made
whole"
-Four Of the courts justices signed
the contempt citation. The fifth Justice
c. F. Morris, who assertedly vigorously
opposed the proceedings, filed a dissent
this afternoon.
No action other than the contempt
citation has yet been taken by the court
on Newcomers motion, which is not yet
a record Of the court but is expected to
be filed in connection with the contempt
action. N%iewoehner alleged that Erick-
son, in connection with the rail board
activities, had abandoned the duties and
~prerogatives of his office in violation of
the Montana c%onstitutin, in vilatin + his
oath of office in violation of the Mon
tana constitution, in violation Of his
oath of office and in breach of his trust
to the people"
Tha manifest falsity" of
the allegations, the court said in its or
der citing Niewoehner, makes it appear
that no part of your motion was brought
in good faith as judicial business before
this court, but it was brought with the
purpose falsely to accuse this court, its
justices and clerk, Of keeping false ju-
dicial minutes and records"
For Other Purposes
The motion, the court continued, was
intended and calculated to place
manifestly irrelevant and improper mat
ter in the files and records of this court,
and to use the same for purposes apart
from judicial business, namely for po-
litical purposes, and to embarrass, hinder
n obstruct the administration of JUS
tice, lessen respect for the court and to
destroy its dignity.
In a paragraph Of his motion Niewoeh-
ner said:
&C.. The matters and things alleged
hereinabove are calculated to destroy
the integrity and dignity of the supreme
court Of the state Of Montana !"
Rumors that Newcomer, said to be
an attorney of record in state industrial
accident board cases pending in the SUI
preme court, intended to bring some
action to the supreme court regarding
Justice Erickson's connection with the
national railway board, became definite
last Thursday when Niewoehner notified
Peter Meloy, marshall of the court, that
he wished to present IN eX parte mat
ter Saturday morning.
That morning NieWoehner attempted
to file his motion with Frank Murray,
clerk of the supreme court, but Murray
refused to accept the document for fill
ing without court Orde" No such order
has yet been issued. The court at that
time took no action on the motion.
Letter Is Quoted
The courts contempt citation quotes
a letter by N%iewOehner, received by most
Montana lawyers, written when, accord
ing to the court, this court had not
then, and has not yet, acted upon your
request for the filing and consideration
of said motion" Not included is a let
ter signed by Niewoehner, dated oct. 8,
written to one of the members Of the
court.
The court set forth that under its rules
there is no oral argument on motions
unless the court requests oral arguments
In its citation the court asserted that
prior to presenting your said motion to
the clerk Of this court you had supplied
and delivered copies thereof to the public
press and news gathering agencies in
the state of Montana and it appears to
us. the justices of this court, that in
lodging said motion with the clerk Of
the court and in giving prior publicity
thereto, you were not and are not seek
ing to purge the minutes Of this court or
to make whole the minutes Of this court
and To obtain any relief to which you, as
an officer Of this court are entitled, but
that under the colorado guise Of sub
hitting a motion to this court, you have
set forth and caused to be incorporated
therein irrevelant and scandalous matter
cannot have a place in any such motion
attacking the integrity Of this court and
presented in good faith for the purpose
the justices thereof, which does not and
of correcting this courts records"
Others May BE Cited
It had appeared evident since last Sat
Continued IN Page Four