Daily Yellowstone journal., 1886-07-23
SETTLED AT LAST.
The Sister Counties of Custer and Yellow
stone Adjust their Differences.

As was intimated in Yesterdays
JOURNAL, the long contested suit be-
tween Yellowstone and Caster coun
ties for an adjustment of the indebted
ness existing when Yellowstone was
created out of Custer, was happily and
amicably settled by compromise in-
volving concessions on both sides, the
larger Of which was made by Custer
county. The stipulation given below
shows terms of settlement to be the
payment to Custer county by Yellow
stone, of the sum of S45, 1893 81 in war
rants of 81, 900 each TO be Issued ut the
September meetingof the Yellowstone
county board, bearing Interest from
that date. While it Is true that Gus
ter courty's claim against Yellow
stone aggregat d SGS,OOO and interest,
il is no less true that owing to the
very incomplete state OF the county
records ai the time this Indebtedness
was incurred, made the task of prov
ing the account i'm any part of this
sum an herculean and almost impos-
sible task, while portions Of IL were
utterly impossible of adequate proof
such AS would he required in court.
Then again the loose wording of the
act under which the adjustment was
required to be made left open wide
door for the evasion by Yellowstone
county, of some S2s, 900 of the indebt-
edness, which though incurred prior
to the date of separation, was not
shown by the books of the county at
that date. Further than this the as
sessment rolls of 1852, on which the
terms of adjustment were to be based
was in large number of cases clearly
erroneous, materially altering and re-
ducing the percentage Of Yellowstone
countv's participation IN the net total
Indebtedness. The stipulation is as
follows:
In the District Court Of the First Ju-
dicial District, Gallatin County,
Montana Territory.
The Board Of Commissioners
of Custer County,
vs.. |
The Board of Commissioners
of Yellowstone County.
1t is hereby stipulated and agreed
by way Of full and final compromise
aud settlement in the above entitled
actioL by and between the plaintiff
and defendant therein that the total
due therein on account of the
subject matter thereof from defendant
to plaintiff, both principal and interest
is the sum of forty-iive thousand seven
hundred and ninety.three dollars aud
cents (Si5, 1913. 81, and that
said amount shall be paid aud accept
ed in full and final satisfaction of all
arising because of said action
in any manner, and that the sane
shall be paid in the manner following,
In warrants: That at the next (Sep-
tember, 1856 meeting Of the board of
of the defendant, Vel
lowstone county, they shall cause to
be issued and delivered warrants, in the
sum of five thousand dollars (S5, 1000
each, aggregating the sum aforesaid,
payable to the board of commissioners Of
Custer county in the manner provided
by the laws of 1888, page l20, and that
In the event OF tie failure ofsaid defend-
ant board so to issue said warrants As
aforesaid, then and in that event said
plaintiff may and hereby is authorized
to Immediately enter judgment in
said action against said defendant,
and in its favor i'm said sum Of S45, 1881
in the court aforesaid, and that the
hereinbefore mentioned
shall bear interest i'm their several
from the date of their said
issuance AS other county warrants,
and that said defendant will pay all
taxable costs in the said action incur
red in any manner therein.
w. +. SANDERS.
Attorney for Defendant.
STREvELL & GARLocK.
Attorneys for Plaintiff.
July %. 1886.
Settlement having been reached as
above, the duties of the referee, Mr..
Peter Koch, of Bozeman, are practic-
ally at an end, he having nothing
more to do than to report the adjust
ment to the court. Ii is not amiss to
say here of Mr.. Koch. that In his con-
nection with the case he has shown
himself to be both thoroughly compe-
tent and honorable. BY personal ex-
animation of the records he became as
thoroughly posted on the various
points at issue as either side, and in so
far as his power as referee was exer-
cised he gave perfect satisfaction to all
In the somewhat acri-
monious tilt between counsel at the
opening of the case on Wednesday
he ably maintained the dig
nifty Of the court, and sat down on all
efforts of counsel to bulldoze him or
change his ideas of his position as ref.
cree. Referring again to the settle
ment effected, having full knowledge
Of the case in all its details, we believe
IL to DC the best possible adjustment
that could be arrived at under the ex.
isting conditions before mentioned
and its successful and satisfactory con-
clusion reflects credit on Custer
legal representatives, Messrs.
Strevell d Garlock, who have fought