The Western news. [volume] (Libby, Mont.) 1933-current, 1944-10-19
Contempt Case
Is Most
Unusual One
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Continued from Page y
couched in disrespectful, unfair.
contemptous language"
The contempt citation was served
Newcomer at his White Sulphur
Springs office last Saturday. 1t grew
out of his motion of week earlier
asking the court to purge" its min
utes of misleading statements and
to change them to show that As
sociate Justice Left ERICKSON was
absent from his duties for total
of lat days in 1871 and 1943
Niewoehner' motion which the
court refused to file October 7 but
which probably will be filed in
connection with the contempt ac-
ton, asserted that Erickson 'aban-
doned his duties as justice Of the
Supreme Court and accepted en-
ployment as a referee for the Ma
tlonal Railroad Adjustment Board,
aHpin violation of the Montana con-
stitution, his oath Of office, and in
breach Of his trust to the people. =
The motion further stated that
Erickson, who is now the Demo-
cratic nominee for governor of Mon
tana, received $8,642 in per diem
and expenses, the per diem being
$50 a day. Niewoehner asked that
the courts minutes be corrected to
show Erickson's several periods of
absence
Four Of the courts justices signed
the contempt citation. The fifth,
Justice Claude f. Morris, issued
statement vigorously protesting the
issuance Of the citation for several
reasons, one Of which was that the
facts alleged in the petition are
true and are complete defense
against any proceedings in con-
tempt
The MANIFEST falsity Of the
allegations, the court said in its
order citing Newcomer, makes it
appear that no part of your motion
was brought in good faith as jul
dicial business but with the pur-
pose falsely to accuse this court Of
keeping false judicial minutes and
records"
The court continued that the mo-
ton was intended and calculated
49,. to place manifestly irrevelant
and improper matter in the files
of this court, and to use the
same for purposes apart from jul
dicial business, namely for political
purposes, and to embarrass, hinder
and obstruct the administration Of
Justice, lessen respect for the court
and to destroy its dignity
Justice Morris, in dissenting from
the majority order, accused Chief
Justice Howard A. Johnson of ar
rogantly and enormously denying
Niewoehner the right to file his
motion when majority of the
court was not present.
Morris pointed out that Justices
Hugh r. Adair and Albert Ander-
son were not present at the time,
but that Johnson, without autho-
rity from the court instructed
Clerk Frank Murray to refuse to
accept the filing.
His vigorous protest against the
citation was based first upon the
ground that upon denial of Me
woehner's right to file the petition,
there was nothing before the court
to cite anyone for contempt" Sec
ondly, he said, "the facts alleged in
the petition are true y and
amy charge for contempt
not committed in the presence of
the court must be preceded by GER
tain preliminaries absent in the mat
ter involved"
This unprecedented development
in Montana's crucial gubernatorial
race was destined to gain nation
wide prominence as a return to
"old time politics" with the new
slant of involving the additionally
unbiased Supreme Court.
Whatever developed in the Su-
preme Court fracas and other ex-
political activities,
the two candidates continued their
campaigns seemingly I'M
aware of it all
Both Gov. Sam c. Ford and
Erickson were completing extensive
statewide tours which will bring
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