The Bozeman weekly chronicle., 1888-01-25
THE CARSON CASE.
The Supreme Court AGirms the Judg-
ment OF the Lower Court In the
Carson Case.
The squirrcl-Sk,n Case Settled for all time by
Judge Galbraith, who in Short Written
Opinion Agreed with Judge
McLcary.

On Sunday word was brought to Boze.
man that the celebrated Squirrel-Skin
case, in which the county of Gallatln, by
its commissioners was plaintiff and
Charles Carson, Probate Judge, was de.
fendant mad been decided in the Sup
rene Court and that the judgment of
Judge McLeary, has been ieaffirmed by
Judge Galbraith, in favor ofthe plaintiff.
This case it will be remembered orig
mated from the recent bounty law, pass
ed last winter and repealed by specia al
session of the legislature called for that
purpose last September. In the mean
while, the probate judge of the county,
Charles Carson, had done land Office
business in counting and destroying
squirre.skins, which bought four cents
to the catcher and one cent to the per
son allowed to receive them BY law.
Those SO authorized were justices of the
peace and probate judges. The
former were allowed to keep all they
made from this source while the probate
judges had to turn over their per centago
to the county. Mr.. Carson believed
that he was entitled to this amount for
his own use aai accordingly retained it.
This caused his bondsmen to demand
that he put the money he so received in
the bank until the disputed matter
could be settled by the. courts. To this
Mr.. Carson disscnted, End as result all
of his bondsmen with the exception Of
w. w. Anderson withdrew from his bond.
Those Withdrawing were Nelson Story,
Col. MAY, and J. D. McCammon, whose
places were specially filed by Mr., Nc
Kee of Timbariae, and R. Wright of
Morcland. Up TO this time about So 300
has been collected by Mr.. Carson, which
amount was sued for by the county com
| missioners. The case was hotly fought
| in the District Court, Armstrong & Hart.
man for the defendant and Attorney
Henry assisted by Luce & Luce for the
plaintiff. Judge Mcl.eary of the district
court very speedily decided that the
| money should have been turned over to
| the County Treasurer, under the provis-
ions of the salary law. The case was
then taken TO the Supreme Court, where
attorney Hartman assisted by Judge
Blake, of Virginiu City, fought the cast
with great vigor, Attorney Henry and
the Attorney-Genoral appearing for tht
other side.
The case was submitted some tive
weeks ago and the length of time it tool
the court to render decision was re
garded as favorable by Carson's friend
for his side of the case.
| Besides the $500 Carson AMI his bonds
men were first sued for there is abou
500 more which is due the county 70
skins which Carson took in after suit wa
first brought against him. This amour
| will probably be paid by Carson or hi
bonjsmen without going to trial. Gar
son will be considerably ont of pocket
for the reason that he took only haI
cent from number Of squirrel-huntel
| III uTdeT VI eHCoutaSe tlelu III hne goJt
work.
| Carson, also, while laboring under tn
impression that this per ceutage was li.
got out circulars and doomed his busines
for all that it was worth, with the III
fortunate results recorded above.
LATER.
Since the above was put in type, NJ
Carson through his attorney, has assigne
to his bondsmen $500 quarterly Of b
of his salary, besides giving them secur
ty on land and chattels which he own
1t is thought that the commissioners wi
allow Carson nearly 5000 for moni'
which he paid out to assistants dunn
the squirrel season. If this is done, Ca
son will soon be able to make himse
} square with Messrs. May, McCammo
Story and Anderson who are the bond
men held for the whole amount, OWN
to the fact that the new bond was n
accepted by the Commissioners until til
+ season was over.