The river press. [volume] (Fort Benton, Mont.) 1880-current, 1888-05-23
Judge Bach's Decision Mis-
interpreted and Mis-
construed.
A GREAT VlCTO Y FOR CHOTEAU !!
Bonds Don't Go, and We Don't
Have to Eat Crow!

The great case of Choteau county vs..
Cascade county for $4,000 indebtedness
came up at Lewistown, Fergus county,
before the Honorable Thomas G. Bach,
Judge of the fourth judicial district, and
his decision was rendered on the l4th IN
slant at noon. The case is one that in
wolves large amount of money and the
result is being watched with much inter
est all over the territory
In view of the fact that the Great Falls
Tribune has on every occasion persistent
ly misrepresented the position taken by
Choteau county's board Of commissioners,
and endeavored to make it appear that
their action in bringing the suit was hasty
and unwarranted; while on the other
hand the county commissioners Of Cas-
cade county had complied with all pro
visions Of the law relating to the payment
of this debt, and had honestly endeavored
to do their duty which was plainly laid
down in the act creating Cascade county,
we feel it our duty, to give the history OF
this case, from it's commencement to the
present time, in order that the public may
form correct conclusions, and that the
motives of Choteau county commissioners
and the people they serve may not be
nisconstrued
In order to understand fully the ques-
ton involved we will quote that portion
of section Of the act creating Cascade
county relating to the manner in which
the debt shall be paid. After providing
that Cascade county shall be liable to
Choteau county in the sum of $4,000 and
to Meagher county $4,000, section 2 pro-
vides further:
"And it is hereby made the duty of the
county commissioners, of the county of
Cascade, to cause to be issued at their
first regular session to each of said coun-
ties warrant or warrants on the general
fund Of said county for the amounts to
which they may be respectively entitled
as aforesaid; which said warrants if not
paid on presentation to the treasurer of
said county of Cascade shall be by him
indorsed mot paid for want of funds"
and shall thereafter bear like interest as
other county warrants, or the said COM
missioners may issue coupon bonds of
said county bearing interest at not more
than six per cent. per annum, payable IN
seven years, and due in fifteen years, in
payment of said debt, and to pay current
fav Id Soi6 hnn6c
shall not be sold for less than par and
shall be issued as near as may be in con
formity with the general law"
That our readers may understand the
provisions of the general law upon this
subject we also copy sections 8O8, 800 and
$40, page $50 Of the compiled statutes.
Sec. 8O8. The county commissioners of
each county of this territory shall have,
and are hereby given, in addition to the
powers already conferred on them by
law, authority to issue on the credit Of
their respective county, coupon bonds to
an amount sufficient to enabe them to re-
deem all legal outstanding bonds, war
rants, or orders, not exceeding in the ag-
gregate, including outstanding bonded
indebtedness, four per centum on the
value of the taxable property within such
county, to be ascertained by the last as
sessment for the territorial and county
taxes, previous to issuing such bonds.
The issue of such bonds may be made at
any time such county commissioners shall
deem it expedient for the interest of their
respective county. Said bonds shall be
redeemable and payable at such times,
not longer than twenty years, after the
date thereof, as the county commissioners
of the county issuing the same shall de-
termine, and the interest which such
bonds shall bear shall be fixed by such
county commissioners, not exceeding
seven per centum per annum, and be rep
resented by interest coupons, payable
semi-annually, on the first day Of January
and July Of each year.
Sec. 809 Simply provides the denomi-
nation of the bonds and the signing of
the bonds
Sec. SO. When the county commits
sioners of any county shall issue any
bonds authorized by this act, it shall be
their duty to sell the same, and give no
tice by advertisement in some newspaper
published in such county, or il
there is no newspaper published
in such county then in any
newspaper published in an adjoining
county of this territory. and also in one
or more newspapers published in the city