The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-02-09
CHIEF JUSTICE
ANSWERS HIS
SLANDERER

Chief Justice Johnson of the Mon
tana supreme court last Wednesday
evening answered the charges of Mel
wohner, publicity seeker and appar-
ent Charlie Mccarthy for J. Burke
Clements, who had made an attack
on Chief Justice Johnson over the
Z-Network of radio stations on jan
uary IT. Justice Johnson, according
to the opening paragraph of his
speech endeavored to use restraint
though calling attention to the i'm
probability of anyone of Newcomers
mentality being able to understand
anyone wanting to exercise restraint
The justice might we'll have added in
telligent reasoning or presentation of
simple facts as being probably beyond
the ability of Newcomers mental
grasp.
Justice Johnson explained fully and
dispassionately the courts reasons for
citing Newcomer into court on a con-
tempt charge because of his attempt
to involve the court in the last polit-
ical campaign. After explaining that
the charge made by Newcomer that
the records of the court were errone-
Gus, which they were not, Justice
Johnson said:
Mr.. Newcomer was cited to come
in and explain But he made no claim
that he honestly thought his accusa-
lions against the justice had anything
to do with the correctness of the rec
Ordc no did no A.
use the motion for political purposes;
he did not contend that the raging of |
the campaign was purely coincidental |
Even he could not expect anyone to |
believe such things. A child could |
see that the accusations had nothing
to do with the correctness of the rec
ords, and that their purpose was po-
litical and not judicial. Let's reverse
the situation, just by way of illustra-
ton. The other candidate for the
same office was also a justice of this
court for four years. Suppose the
tables were turned and a member of
his opposition had filed a motion to
correct the minutes on the ground
that they showed his present when
in fact he was absent; and suppose
the motion then went >on for four
pages to say that during his absences
ne was out burning churches, scut-
ling ships, and generally violating the
law. Would that have anything to do
with the correctness of the records,
and should this court solemnly hold
4 hearing about the churches, the
ships and the law violations? Of
course, if it did hold such hearing,
n spite of the fact that motions are
formally decided without hearings,
he court and it's members would be
criticised for lending themselves for
political purposes; and justly So
IF, on the other hand, the court '
lid exactly what it did in this case
o prevent it's use for that political
purpose by one side, should it be ac-
used of trying to help the other?
No, it would merely be trying to pre-
-ent it's use to help or hurt either
ide. That was the exact situation in
his instance, and | am demonstrating /.
to you merely to state the obvious
act, which cannot be disputed but :,
yhich you have not previously had a
nance to learn"
Newcomer in his part as Clements {
,harlie Mccarthy in the last campaign !,
ad told of the terrific circumstances !
hat justices of the Montana supreme J
curt had been paid the sum of $50 >
er day for acting as mediators on n
he National Railroad Adjustment II
GARD while still drawing salaries as o
lstices of the court. Justice Johnson il
allied attention to. the fact that he a
ad year before the election cam s
align spoken over the Z-Net telling a
bout his service on the board In O
1nnection with this, he also told of r
resolution passed by the Brother il
God of Railroad Trainmen commend "
lg and endorsing the services of u
[ontana justices on the board. AS D
,r the compensation paid, he said n
lat Judges are not paid for merely e.
utting in time but for sponsibilities F
ndertaken and services performed. 81
10 called attention in this connection Il
the fact that the work of the board
sures amicable and efficient railway e!
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