The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-05-02
THE COURT HOUSE MATTER.
An Agreed Case on Legal Points Submit
ted to Judge GaIbraith.

As mentioned in the Commissioners Pro-
ceedings the County Commissioners and Mr..
Morgan Evans, BY their attorneys, have sub
mitted an agreed case covering the legal
points In the Court House matter to Judge
Galbraith for decision, and he has appointed
Wednesday, May 7th as the day to hear the
arguments on the same. The Proceedings
and Mr.. Evans and following are the
sTIPULATIoss BY THE PARTIES.
In the District Court Of the Second judicial Dstrc.
Of the Territory Of Montana in and for the County
Of Deer Lodge.
Morgan Evans, Plaintiff,
The Board of County Commissioners of the County
of Deer Lodge. Montana Territory, and John Y.
Bstterton, Gordon c. Vineyard and John II.
Helm, County Commissioners of sand County,
Defendants.
Whereas. the above named parties, plaintiff and
defendants, are parties to question In difference,
which might be the subject of civil action between
them the said question being the right and power OF
defendants AZ Couuty Commissioners OF said Deer
Lodge County, Montana Territory, to incur indebted
ness on behalf OF said county for the building and
erection Of Court House for said county, without
first submitting the question to vote Of the electors
Of said county and having the same approved by said
vote, said defendants claiming that they have such
right and power and said plaintiff claiming that they
have not; and whereas the facts in the not
disputed by the parties, and the question 10 one OF
law; and Whereas in order to avoid unnecessary ex-
pensc and litigation and multiplicity of suits, and the
making Of any contract which might be held void,
and the issue Of any evidences Of indebtedness to in
nocent parties, which might be held invalid or which
might bind the county in any why, II the action Of
defendants should be declared to be without author
ty of law lie for the interest of all parties concerned
and of the said county of Deer Lodge, to have and
sbtan as speedily as practicable, q decision Of the
question involved by court of competent jurisdic
ton that the rights of plaintiff and other tax pay
Of said county may be protected, and that said
defendants may be fully advised as to their powers
under the law concerning the matter In controversy
Now, therefore, the said parties, the plaintiff for
himself and behalf of and representing certain
other citizens and tax payers Of said Deer Lodge
county, and the said defendants for themselves per
sonaIly and as County Commiss toner's of said Deer
Lodge County, and for the Board Of Commissioners
Of said County, do hereby without action agree upon
the following CASE containing the facts upon which
the controversy depends and present submission Of
the 10 the above entitled District Court THAT
being the Court which would have jurisdiction, II an
action had been brought to-wIt-
1t IL agreed that the facts are as follows:
1st. That the plaintiff 10 resident and citizen and
tax payer Of said Deer Lodge County, and that he
represents and acts herein On behalf Of certain other
residents, citizens and tax payers of said County.
3D. That the defendants, Batterton, Vineyard and
Helm, are the duly qualified and acting County Com
missioners Of said County of Deer Lodge, and COM
pose the Board of Commissioners of said county.
Sd. That the said defendants acting as such Com
missoners have heretofore advertised for proposals
and bids for the erection of county building at the
town Of Deer Lodge In said Deer Lodge County, for
Court House for said County and have received pro-
posas and bids therefor, and have agreed and con-
cuded to award to and enter into contract with one
N. j. Mcconnell and - McDeutt in accordance
with proposals and bids made by them to erect said
Court House building for the price and at the cost OF
about seventy-four thousand dollars, to be paid BY
said County, In warrants to be issued therefor, and
that defendants proposed and intend to- and WILL I'M
less restrained by order of this Court enter into nd
execute said contract. and undertake to bind the
county thereby to pay said Mcconnell and McDevitt
aid sum for the erection Of said Court House build
ing and will In payment for the erection Of said build
ing by said Mcconnell and McDevitt Issue to them
county warrants on the General Fund Of said Deer
Lodge County, from time to time, as the erection or
said building progresses.
ith. That said County OF Deer Lodge Is now In
debted In the sum of about thirty thousand dol
Iare for which amount IL has issued county warrants
on the General Fund of said County, which are now
outstanding and unpaid and that the defendants pro-
pose to bond these warrants In bonds Of said county
payable several years after this date, with interest.
5th. That the said County Of Deer Lodge has not
money enough on hand to pay for said proposed
Court House building, and cannot build the same
without running In debt therefor: that there Is not
now and will not be after the outstanding county
warrants above mentioned are bonded, as above pro-
posed, more than the sum of twenty-five thousand
dollars in the county treasury of said county to apply
to the payment Of the ordinary expenses Of the couaty
and the cost of the proposed new Court House, and
there lie not now, and will not be when said out
standing warrants bonded az above proposed, SUI
acient money In said county treasury or In the Cen
ersl Fund thereof to pay the warrants which will
have to be issued to pay for the erection Of said pro
posed Court House, nor will there be money to pay
said warrants as issued but the same. or large pro-
portion thereof, will not be paid when issued, for
want of money IN the General Fund.
9Th That the action and proceedings Of defendants
as 10 the erection of said proposed Court House and
contracting to build and pay for the same and to is
sue county warrants therefor as aboye stated, have
been taken and had without any submission to vote
of the electors Of said Deer Lodge county Of the
question OF building said Court House or borrowing
money or mourning Indebtedness to build the same,
and that defendants DO not propose or intend UNLESS
the Court shall decide that such submission Is neces-
saryl to submit said questions, or any OF them, to
said electors but propose and intend to build said
Court House without any submission to vote.
It s further agreed between the parties hereto, that
IL upon the above facts the Court shall decide that the
proposed and intended action Of defendants as to the
building of said Court House is without authority OF
law, the Court shall and may enter judgment herein
against said defendants, restraining and enjoinine
them and each Of them, from taking any further &c
ton or proceeding in relation to the building Of said
proposed Court House, and from entering into any
contract to erect the same and from issuing, or or
dsrne to be issued any county warrants In payment
therefor until said county shall have Sufficient money
on hand to pay for the erection of such Court House
or until the question OF building such Court House
or Of borrowing money. mourning indie btedness te
bald the came, shall have been first submitted to
vote of the electors Of said Deer Lodge County and
| n majority of votes cast, given In favor o.
such building, borrowing mourning Indebtedness
a. the case may be. but II, on the other hand tn
hall that uropoped action of salC