The Western news. [volume] (Libby, Mont.) 1933-current, 1944-12-21
Newcomer
Found Guilty
OF Contempt
Supreme Court Hands
Down Decision In
Unusual Case.
CRITICAL PROBLEMS
FACE LEGISLATURE
BY Harry L. Carlson

United Press Staff Correspondent
HELENA, Dec. l9.-The Montana
supreme court has found George
Niewoehner. White Sulphur Springs
attorney, guilty Of contempt for
presenting and publicizing mo-
ton October 7 which the court held
was intended to embarrass, hinder
and obstruct the administration OF
justice and calculated to in
timidate the court and to coerce its
action.
The court fined the 32-year-old
attorney $3.50 and upon pronounce
ment of judgment Newcomers
council, F. j. Sullivan of Butte,
asked and was granted 15-day ex-
tension of sentence during which
time he said he would file petition
for rehearing and if necessary a
write of certiorari to the United
States supreme court.
Should the Montana supreme
court refuse to rehear the case and
Sullivan appeals to the nations
highest court the case will then
either end with a dismissal by the
| federal court or be continued upon
the supreme courts acceptance of
the case.
The lengthy majority opinion was
unsigned but represented the courts
findings per curiam. The finale Of
Montana's most unusual and un-
precedented contempt case in its
legal history came ten weeks after
its inception.
Associate Justice Claude F. Nor
ris, in his most vigorous dissent to.
a majority court order since the
case began, declared Thursday that
his four fellow justices applied
"Autocratic Power in finding Me
Woehner guilty
Morris, who has consistently dis
sented to the majority throughout
the trial contending that Niewoeh-
ner is innocent, accused the major
ity of having become obsessed with
the notion that they are the kings
own robed in imaginary perfection,
incapable of error instead of being
the ordinary fallable human beings
that they are and servants of the
i people Of Montana instead of their
masters.
The long and involved proceed
ing grew out of Newcomers at
tempt to file motion in which he
asked the court to purge its min
utes of misleading entries and
I change them to show that Justice
Left Erickson had violated the con-
stitution by Abandoning" his of
flee for total of lat days in 194l
and 1943.
i The motion which Newcomer
assertedly publicized widely after
the court had refused its filing as
serted that Erickson, then the dem
ocratic nominee for governor, had
accepted more than $4,000 in pay
| and expenses for services as a ref
cree on the National Railway Ad-
justment Board.
! The contempt affidavit filed by
H. c. Hall, Great Falls attorney, &C
cused Newcomer of instituting the
motion for political purposes. The
majority opinion finding him guilty
of contempt held that the motion
had no possible reference to its
potNiiSiott Roi foS1o difA Aii1t ~ " uo
inserted for other than judicial pur-
poses, namely for political pur-
poses, and to influence the out
come of the election in which
Erickson was defeated.
Meanwhile Gov. Sam c. Ford was
deep in work preparatory to the
10Th legislative assembly which is
: scheduled to convene January l. A
: myriad of resolutions, requests, let
teri and personal visitors were APP
praisfng him of the importance OF
, the coming session, which will face
: immense postwar programs for
Montana's economic, educationa
!. and agricultural scenes.
J This week Ford was in conference
J with the board of education which
, itself was preparing proposal fol
I submission to the legislature out
: lining the needs Of Montanas edu
cational system for the next bien
mum