State Ex Rel. Young v. Olsen

292 P.2d 348, 129 Mont. 599, 1956 Mont. LEXIS 3

Opinions

MR. CHIEF JUSTICE ADAIR:

Commencing at 7 :31 o’clock on the evening of December 28, 1955, Austin B. Middleton, one of the relators herein, sitting before a television set in Butte, Montana and viewing a television program then being telecast and broadcast over the facilities of Station KXLF-TV 6 Butte, Montana, heard the respondent Arnold H. Olsen, then and now the Attorney General of the State of Montana and sole participant on such program, deliver a public address, which inter alia, touched on public utility rate increases and regulations in the State of Montana.

Thereafter, on January 10, 1956, the relators Austin B. Middleton, Leonard C. Young and Paul T. Smith, representing that they were acting individually and as members of the Board of Railroad Commissioners of the State of Montana and ex-officio members of the Public Service Commission of Montana, commenced in this court this original proceeding by filing herein their joint accusatory affidavit and joint petition charging that in uttering said public address the respondent Arnold H. Olsen became, was and is in contempt of this court and the relators request this court to issue a warrant of attachment or order to show cause directing the respondent Arnold H. Olsen to appear before this tribunal and there show cause why he should not be punished for such alleged contempt.

Relators’ joint accusatory affidavit and their joint petition fail to show acts or conduct on the part of respondent constituting- contempt of this court or that would justify the issuance of either the warrant of attachment or the order to show cause so sought by relators. The proceeding, lacking in merit, is ordered dismissed.

MR. JUSTICE BOTTOMRY concurs.