The Western news. [volume] (Libby, Mont.) 1933-current, 1944-12-28
So|ons May
Look Info
Contempt Case
BY Harry l.. Carlson

HELENA W.P- The Montana
Supreme Court attempt case of
George Newcomer, White Sulphur
Springs attorney, may be carried
into the l945 legislature assembly
for an investigation by Montana's
law makers.
The proceeding, unprecedented in
Montana legal history and nbW in
its 18th week, was the principal
= topic of discussion in the Capitol
corridors this week Politicos were
saying that instead of quieting
down after the Nov. general cleo
ton, the case was flaring hotter
and embroiling the additionally
non-partisan supreme court in a
political mess.
One prominent newly elected
senator was reported to be prepar-
ing resolution asking that the
matter be investigated by the legis-
lative body to determine how polit-
ical the supreme court is becom-
ing
Associate Justice Claude F. Nor
ris, who has stood alone against the
other four members of the court
throughout the case, maintaining
Newcomers innocence, said he
would appeal to the legislature for
judgment in the matter IF my
rights as an associate justice of
Montana continue to be ignored
Morris last Friday requested
Chief Justice Howard A. Johnson
to explain why Morris dissent from
the majority order convicting Me
Woehner was being held from filing.
In a registered letter to the Chief
Justice, who wrote the majority
opinion finding Newcomer guilty,
Morris asked Johnson to inform
him at once why the dissent was
being held on Johnson's desk in
stead of being filed. Is
The dissenting justice said that I
he inquired Of clerk of the court
Frank Murray why his descent had /
not been filed and that Murray re
lied upon the gag rule adopted /
some time ago to the effect that
no dissent of a judge should be
filed until copy Of it was served
upon the justice preparing the ma
iority opinion"
Publication of Morris letter by
the United Press brought a sharp
rebuke from the other court mem
bers who issued a statement the
following day that Morris was try
ing internal differences within the
court Il. by radio and newspaper"
The statement said that it is the
purpose of the majority of the just
ices to keep the court within its
proper sphere as judicial rather
than a political body. adding that
Morris attack ON Johnson was lin
accurate"
Although the offices of the just
ices are near each other the state
ment said, Morris has not request
ed of the chief justice or of any
other justice that his dissent be
released"
The court said II was preparing
supplemental opinion to be released .
with the dissent, since sin some few
instances it has not confined it.
self to the issues and the court has
been called upon to strike objec-
tionable matter
Morris has consistently opposed |
the high coutt's majority actions
throughout the proceedings, which I
reached its climax last week when
Niewoehner was found guilty and /
fined $3.50. Morris has maintained |
Newcomers right in attempting to
correct the court minutes to show
that Associate Justice Left Erick
son was absent from his duties in
violation of law for total of lat
days in l94l and l943
Erickson, the Democratic nomi-
nee for governor at the time Me
woehner attempted to file his mo-
ton, was defeated by Sam G. Ford,
the Republican incumbent, who be-