State Ex Rel. Bennett v. Bonner

I believe section 8823, R. C. M. 1935, now section 93-312, R. C. M. 1947, is unconstitutional, violating section 1 of Article IV, sections 1, 2 and 3 of Article VIII, and section 17 of Article VIII of the Constitution of Montana.

Since this court, in State ex rel. Smith v. District Court, 116 Mont. 251, 151 Pac. (2d) 500, has held this section of the statute constitutional and operative, the order of Governor Bonner call*440ing in District Judges William Taylor and James Shea to hold court in the fifth judicial district Avas justified and proper. •

Such order showed good judgment and resulted in…