The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-05-03
CASE $50.

Beal is defendant. This action which was
commenced against DR.. Beal is correctly stat
ed in the transcript above referred to, but
the causes that led to the action and the cir
cumstances surrounding the case are not
mentioned by the Inter Mountain, and as the
r%ecounting of them is necessary to the proper
understanding of the whole matter, we shall
as briefly as possible give them. 1t is we'll
known that when the subject of a city char
ter for Butte was first agitated, DR.. Beal
was Ole of the foremost men III the place
that advocated it. Other prominent citizens
who were afterwards opposed to the charter
as it passed the legislature also advocated one.
But, as is well known, the charter that the
legislature gave to Butte was received under
protest by a majority of our citizens. They
based their opposition to it on the ground
that it contained discriminating clauses
which DISTINGUISHES some of the largest prop
erty holders and taxpayers in the city.
Among those whom it DISTINGUISHED and who
was classed among its most strenuous oppo-
nents was Mr.. Vim. NJ. Jack. With him
stood a large number of the most prominent
men in the city. They were taxed Oh large
amounts of property in the city limits but be-
cause their residences were outside of the
same they were not permitted to vote. The
result was that the charter was adopted. 1t
is not necessary to state here the manner in
which the city government was administered
Suffice it to say that it became a stencil in
the nostrils of the whole community. Finally
several of the leading citizens of the city
agreed to test the legality of the act. Among
them were VIM. NJ. Jack, Mr.. Trowbridge
Brown & Frank, G.. d. Houser, Geotirey Lay
ell, Boardman and Irisberger, DR.. Beal and
Others. To eau Sc the proceedings to be in
stituted several of these gentlemen refused to
pay a small license which under an ordinance
of the city they were required to pay for the
privilege of conducting their respective bust
nesses. Among those who refused to pay this
license was DR.. Beal. 1t was not on account
of the amount of The license he was required
to pay that he refused, but because the act
was unjust that compelled a man to pay a tax
on his business, who was not permitted to
vote for the officers who administered the city
government. He, with the others, justly
claimed that taxation without representation
was unjust, therefore, it was the desire of the
above named gentlemen to test the legality
of The charter. After suit was entered against
several parties, conferences, in which Mr..
Jack took an active part, were held 20 provide
ways and means to defend their position.
Mr.. DeWolf, of this city, and Mr.. Chadwick,
the latter, we understand, AT theAggestion
of Mr. Jack, were engaged by the defendants.
| Only one case, that Of Mr.. Trowbridge, Is be-
fore the supreme court. The others, by
agreement of counsel, are held in allegiance
until Mr.. Trowbridge's is decided. Now,
that the election law as amended last winter,
provides hat all qualified electors of a gen.
eral election may vote at a municipal election
the case will not receive further attention at
the hands of the supreme judges. At least
we are so informed by a party who has in
CURED into the matter.
1t is proper to state here that since his first
and only refusal DR.. Beal has paid all the Ii
cense and other taxes required of him by the
city ordinances To sum this matter up, the
history of the whole case will show that VIM.
NJ. Jack stood shoulder to shoulder with DR..
Beal, Mr.. Lavell and Mr.. Houser and others
in their efforts to test the validity of the char
ter ON the grounds mentioned. They have
been and are now in favor of a city charter,
but were not in favor of one whose provis-
ions DISTINGUISHED a large number
of the heaviest tax payers IN the
city The transcript of the case
as it stands in the Inter Mountain tells
only a part of one side of the story. 1t would
have been quite as well for the interests of
the Inter Mountains candidate for mayor 10
have let this matter rested or given its history
with the transcript. Its bare publication
without comment, when all the circumstances
connected with the case are fresh in the
minds of our citizens, smacks too strongly of
a desire on the part Of the Inter Mountain to
misrepresent DR.. Beal and place him in a
false light before our citizens. When
gave aid and comfort to those engaged in the
suit againt the city, it is a piece of Stiffness,
to say the least, on the part of our evening
contemporary to arraign DR.. Beal, Mr.. Hous.
er and Mr.. Lavell for an act in which MIR.
Jack was one of the leading spirits. IL ihe
presentation of this case we disclaim any de-
sire to misrepresent Mr.. Jack, and would add,
we are prepared to give indisputable author.
ity for what we have st lated.
49,