Great Falls tribune. [volume] (Great Falls, Mont.) 1887-1890, 1888-05-19

ought 10 De done, ana l. believe that on q
proper showing the court will consider
that the county commissioners of Cascade
had made their election at the proper
time, and would compel them to place
| the county Of Choteau in the same posi-
ton that it would have been if the cleo
ton OF the mode of payment had been
settled upon at the proper time,
am also OF the opinion that this case
does not come within the general rule
that it makes no difference what the pray
er Is, that we must go to the complaint to
see II 1t warrants any judgment, am of
the opinion that this is not such a case as
that 1t is special proceeding which
does not come under the head of actions,
All actions are commenced by filing u
complaint, and this is commenced bv
filing petition. That being the case the
demurrer will be sustained, the court will
overrule the motion to strike out, and will
base its decision upon this ground alone.
That before the motion to strike out was
filed general demurrer was filed-that
being the case the filing of the general
demurrer was waiver of any right which
might be gained by the motion to strike
out The demurrer will be sustained and
the motion to strike out will be denied.
This decision goes beyond the legal
points involved in the demurrer and
plainly lays down the law covering the
whole case. 1t sustains fully the action
taken by the board of commissioners of
Cascade County in deciding to pay the por-
tions of the Indebtedness of Choteau and
Meagher counties assumed by Cascade in
bonds, as the act creating the new county
authorizes them to do. Judge Bach
clearly and definitely states that the act
provides two ways o. meeting these OBJ
legations, one the payment in bonds and
the other the payment in warrants. Our
commissioners having choice between the
two, chose the former method and at their
first regular meeting made provision for
the issuance Of the necessary bonds and
instructed the public printer for the
county to provide the blank bonds re-
qulred, thus performing their duty fully
so far as these obligations are concerned,
In the face OF this action, now sustained
by the court, the commissioners
OF Choteau county brought this unneces-
sary suit, one Of the objects being doubt
less to injure the credit of Cascade coun-
ty. To further this cause the River Press
of Fort Benton kept up constant sfire"
in the same direction and such local hide
bound papers as the Helena Independent
gave liberal space to these attacks upon
Cascade county. But the decision of the
court as printed in full above, completely
disarms them and fully justifies Cascade |
county and her officers in the action taken.
County attorney Taylor has covered
with glory in this case. His de-
murrer was an exceptionally good one
md was sustained in every point by
Judge Bach. Mr.. Taylor's argument, we
Ire also informed, was strong one and
he readily held his own against the op-
position. The main point in the demur-
'er was that the only proper proceedings
would have been writ of mandate to
compel the commissioners of Cascade to
pay by one of the two ways provided in
he act. This of course is sustained by
he decision and the case as begun is
ended.
Mr. Taylor made a tender of $4,000 of
Cascade county bonds to County Attorney
Mclntire, as the representative of Cho-
eau. The tender was nowledged, but
le refused to take The bonds. This puts
Cascade in good trim for any further pro-
'eedings our litigatious neighbor may
ZEE fit to begin, whether it is an appeal to
he supreme court or an application for
writ Of mandamus.