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About The Montanian (Choteau, Mont.) 1890-1901 | View This Issue
The Montanian (Choteau, Mont.), 16 Dec. 1892, located at <http://montananewspapers.org/lccn/sn85053033/1892-12-16/ed-1/seq-2/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
THE MONTANIAN. PablliVotT-Evéry ‘ Friday' Evoning ai Choiaau: - Chotaau Co., Montana. ' S. M. CORSON, Editor. SR3 FRIDAY/Dm JSMBEB 9, 1892. ' . • T he following item clipped from our back street cotemporary leads us to enquire: Where else besides on the earth are locomotives run ning? “One hundred and nine thousand lo comotive» are at present running on the earth. V. ’ TnÈ legislature of Montana con vanes on Monday, January 2, 1893, two weeks from next Mon day. What action has been taken by the citizens of the desired Te-* ton county to see that her claims are properly pushed and repre sented- in the legislature? We shpu!d\see that it is the first bill introduced and passed and ap proved. Now that Choteau has a minis ter, can not the citizens of this vicinity bestir themselves and se- cure^the erection of a church in which Services can be held? Those who belong to the different de nominations and 1 are true Chris tians know that, as yet, it is im possible for each sect to secure* a pastor for their respective classes in so small a place as Choteau; That we are fortunate enough to »©cure one of any denomination that is young energetic and capa ble, a* is M. Reed, should inspire those who desire the dissemina tion of religeous teachings and in- .fluences among themselves, their children arid friends to talie some immediate action in this matter. . county of Choteau. „And affiant believes that the said article . was published in-order id have- ai-pre^ judicial influence upon the court in passing upon the merits of *aid; contfbversyl 'Aifianf further states that said aVticle as \published .;has come under the observatiorj^ofthe judge of said court and that Uhe- charges therein made are. wilfully false and con tern piou s,” . . - „ ■. •. • Z f j vf. * -,» .. i not to enforce sentitriental fespèct. -The | «V . V A,V '*‘y. views expressed as'.to.j3iaB;.°f prejudice r can in no way interrupt, the lirdeflV rprogresaTof:tlfef8.aid;^mritvlB^ itB^adjudi- cations/ o r m a k e j u d g e - or^pbepl® 5iased‘or',morebia8ed/SucU;ptublicatiori» and assertione then not interfering-with' the authority of the court‘are riot^ith- iriTtlie/contempt' law. but broad4field’/covered hf '^ ribristitutiobralf sanction of fjfe'fre\edbm of speech and press. - .. ■' ... The- i^nghae.e;bf/-the/8uhr^mri^c^u^; abo ve q uoted is ’so .plain.as to,\ need jio comment thereon. andrwe must certainly, be lead t'o- believe \that: -Judge DuBose; « i >-fv- A nótlíer Sale or ,T Wo. K o iflv -a » . f i l o n/1 itnr n v i n ri o p h n s ! has exceeded nis authority- in his,arréBt either trie editor oi judge nas of Mr ,?oraon:- The exercise of thè e£ misused his privilege or trans- 1 traordinary right of a judge;iti cases oended bis authority w think il I sodi as this has Decome “inoro boborad is only right.that the reader# of: the M ontanian should know it and as briefly as possibly we will attempt toexplain the law appli cable to such cases. If the action in the breach than the observance.” A few years ago the supreme court,of Indiana, a majority of whom were dem ocratic, had occasion to pass upon a case on which the party has built great hopes of a'favorable decision, .but the unaeimous decision of the court was against their hopes • and - desires. The of eitherjs against the ^aStoS* i£S' 2 law of Montana lie Should beciltl- I abused the court beyond measure under cised accordingly. In proceedings an article headed ‘:I)amn their cowardly in contempt a judge prepares his | But of this the court or no.. AAmnUinf iV.Troofiirofeo this’ member thereof took any notice and; re- own complaint, lnvestigat S the jugecj do so after their attention \was evidence pro and con, and personally called to it. “Somebody'» judgement on the sufficiency:; of 1 wrong, but who9” the complaint and (he evidence 1 JYS. adduced to support it. It is his right and duty to enforce obedi ence and respect to the uthority of his court by proceedings in contempt., but not sentimental: re spect to himself. '' The freedom of the press' ,is a U nder -S heriff M atthews drop ped in on us Wednesday.. long enough to extend to the managing editor the legal invitation of Judge DuBose to pay him a visit at the well known constitutional guaran-1 county *eat, and explain certain tee, but for its abuse the writers statementsjappearing in an article are responsible in libel or qrimi ¡n »p ^ 0KTAiiIAN Qf last week nal libel but not tor contempt ex- . v - cept in very few and exceptional hiariagmg editor being thus cases. From the complaint in | called away, the assistant sick for JUDGES A N D EDITORS. The managing editor of th M on tablin ', Mr. S. M. Corson, has been summarily called before Judge DuBose of the district court ol ihiacounty upon a citation for contempt issued by him, for the publication by Mr. Corson, of an article in the issue of December 9 giving utterence to the judge’s denial of complicity in the Box Klder elect ion case and comment- ing on the suit, of the Fort Ben ton Bridge company to recount the votes cast at the late election on their.proposition to sell their bridge/to this epurity and which was defeated by 288 voiced The affidavit of Mr. DuBose re- oite^ the facts that he is the judge of the tench judicial district of this •tate and was re-elected at the late election, of the pendency in that court of the suit above men tioned. It then sets forth most of the article referred to and says: “That Mr. Corson is a taxpayer in the said county of Choteau, and as snch is an interested party in the case of the Fort Benton Bridge this case we should infer that the complainant relies upon two propositions. First, that Mr. Cor son being a taxpayer is an inter ested-party, and second, that Mr. Corson being opposed to the sale of said bridge to the county the article was published to prejudice the court in passing upon the merits of the controvercy. There is no question but that suitors in a case are held to a stricter account ability for their conduct than par ties in no way connected with the litigation. A suitor is definod as a party to the suit; a party liti gant. An interested party is one who has the right to become a party litigant. Has Mr. Corson a right to interpose himself into this suit as a party thereto and defend and.appeal the same? We do not think any possible stretch ofjudi cial interpretation could include or clothe Mr. Oorsen with the rights of a suitor in this proceeding and not having any of those light# he could ouly be guilty of con tempt in an open violation of the authority of the court. Ifthb at- tide in question had a tendency to prejudice the mind of judge DuBose for or against the parlies litigant he is restricted in his ex ercise of his right and duty to punish for contempt to the itatu- tes of Montana and th© judicial interpretation thereof by th© Su preme court of this state. Of these decisions a j udicial officer of this state is bound,to take notice and it is his duty to respect thlem as much as it is the duty of any other citizen to respect the law. In ihe recent ca»e-of Editor Mac&night of the Helena Journal cited for eon- tempt by Judge AJcHatton of Butt# for the publication of an article in many legal respects similar to the one here re* ferred to, the supreme court in re vie#« ing the same an .1 the. statute of con* tempts held th* t the eharge wa» not' ; within the statute of contempt nor the general definitions of that offense a» a week, the leading .editorial writer at the monetary .confer ence, the sporting editor out chas ing coyotes, and the society editor having resigned to join psalm- siugers,/those now weilding the pen arid/sefsors in the eactum aie left a task to which they must confess themselves not equal, and must ask the indulgence of the rea lers for any short comings in this week’s issue. v, ££n^condk^ , A second -sale- of' iho/J ou f riah company:^ property; to o ^ •t%,5th; dise; i n the^stpréiwerps.oldjp Béter 'INfh rie -and •stoclc of the ?bi ii cl é r-y- a n d ^ îb '/dé- partments^Vei'© sold : to^ 'L. .0, Phelps foi;'$4,000, ‘\riftei-^the^Mer- cha)it;s. and First /Natioinal -bank». had served notice- on; the-siieiiff protesting again^t/^he „sal©. \.TH© Mer ch an tsîbaii k \has :n'ot. yÿbv-païd tiiè $21,dot)’ bid fcTr i'R^^K©r;Rrop„: erty ;anfl:‘aiS^cônd^8aJè,l;ipay tak« placé.. As, m atters stana there is a prospect;of-lively- iitigatiori be• tween th e 1 banks._ ;,Ther.è.' aro- n© ne>v rumors of.the Starting.'oPth® paper and as matters, stand it- will be soine time before^ any thirik ’i* done in that.direction. ' r ‘‘T J iUpans Tabules cure the blue«. Montana’s Statu®. jf ' v ,v -*•* , C hicago , Dec. 10. —To say that the Mon tana World’s fair commis sioners. areAyeary.is expressing it mildly. . Colprieir J* O. Harvey was to-day referring to tlie end less claims and counter claim» con cerning the. mocTel for the. silver statue who is to primarily, repre sent “justice,^1 and incidentally show the highest type of feminine physicial j perfection ^ intimated somebody’s^thigh was tob fat'and somebody’s elses --chest was - too fiat for any use, but being a gal lant man he refrained! from auch unchivalie remarks. This he , did say, lioWeVefy’ .‘‘Itda.tT.up t.hat ;we consider the\ claims of *briie t wen ty' fivo women/ some of whom were actresses, we decided unani mou8ly on Ada Rehan/ She wa» the first and only person offered a position and she has accepted.’’ L -Í . S T Y L E m R E A D I N G il f n n»rirwrin—rh'-iM,*r^-^r*WTt^ company against the county com missioners and that he isiu.ormed ! found in t.he.authorities upou this sub- . j .JO j jeefi, but that the pancipul in?redieut.of and believed that the said S. M. Llhe definition of “contempt” ia disre- Obraon has beon and is opposed to sard of the authority^! the court. For the »ale of said bridge to the said i & j S S S S f i S S S i S K f l i i . Sl.yle means several things aud they all apply to reading.' Style means fashion; there are fashions in reading. Style means manners; there are manners in reading.- Good manners and bad manners in print may be as imp undent as anywhere. Intelligent people prefer readi h g fhat* approaches, them* like a gentleman-—sensible, éarnest, and to the point:.. A-bargain is -We of ' it . . b.sciiptioh .to both this papér .and the Oosmopoliian Magazine. This offer is \Ik ^ëriuirie bargain. , ALL THE YEAR ROÜNCL J The Oosmopolitan has attained’ great success. -No. other publication, ot.-any descirption, before the public make»: the effort to give its readers the best of everything*,-7 arid'^sifbceds in doing it as does this monthly. Its Illustrations lead* the .world; its literary m'erit is certainly of the liighest orderdtha}., money can buy or brains can produce. Ik fact a year’s careful reading of the Cosmopolitan means a progressive step in the\education of aiiy man or woman in the land. • ‘ . '' ./ v 7 Î VOTOPFEE/ \SrOTJ f : 1536 pagHS nf reading; mailer.-with ov.-r lSOO illustrations for a single years subsci^iiou. '“Seud-.your ’'^âsssGŒŒSBmææŒi y order to us. - THÈ MONT^NlAN. ''b I
