Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-10-27

probate court OF Deer Lodge county an
praised these interests at no oraat 60. -
put stlli at a greater value than conl5 =
eotalned for them. The law nroy;dad
az that time, that an administratn
should not sell real estate belonging 4,
an estate In course OF administrator fo
value. ppioiSe'
Mr. Irwin, the administrator, tried to sel
snls property, but could not get a, sum biz
| for it equal to the three-fourths "A IFS an
praised value. Thereupon. desir;no p 7,
close up the estate, which was insolvent h,
applied to the legislature and got a specia
law passed permitting him to advertise ans
sell this property for what he could get fol
IL, subject, however, to the confirmation O
such sale by the probate court of Deel
Lodge county. Pursuant to this specia
law Mr.. Irwin advertised the interests o
the estate in the Original lode for sale by
public auction
TO THE HIGHEST BIDDER.
think Mr.. Clark was not present at tbe
sale, and il my memory serves me correctly
ne was not in the territory at the time il
took place. Mr.. Larabie, however. was
present, and in as much as he and MIR.
Clark owned the other interests in these
claims, was desirous of purchasing the in.
terests OF the estate therein.
Hon. Granville Stuart, who was at that
time connected with the First National
Bank of Helena, heavy creditor of the
estate, was present at the sale, and Mr..
Larabie. fearing he might become bidder,
said to him: Il will give you two hundred
dollars not to bid against me-" Mr.. Stuart,
considering that sum of more value to the
IYaf Nnfs II L. 4 Il -
these claims, even if it should become a
purchaser, accepted the offer. Any one ac-
quainted with Mr.. Stuart and Mr.. Larabie
will readily acquit them of any Intentional
wrong in making this transaction. At the
sale there were other bidders, but Mr..
Larabie was the highest and best bidder,
and became the purchaser Of the property.
The sale was
CONFIRMED BY THE PROBATE COURT
Of Deer Lodge county. The court, after a
careful examination, became satisfied and
in his order of confirmation certified that
he did not believe that a bill exceeding
that OF Mr.. Larabie's ten per centum addi-
tional exclusive OF the costs of a. resale
could be obtained. This was in the spring
OF 1877. The property was at that time
wholly undeveloped, and Mr.. Granville
Stuart has said to me that Mr.. Larabie
paid more for the property than he
would haye bid on it if the transaction
above mentioned had been made.
MIR. Clark and Mr.. Larabie having, as
they supposed, obtained good and per-
fect title to the whole of these claims, pro-
ceeded to develop the Original lode. They
spent a very large sum in It's development,
and were SO successful that two years
ffa,,s sfo ahna l. how 4ha,A
body OF ore in sight, and the
mine seemed to be one of great value. 1
say seemed, because, while not wishing at
all to disparage the value of the property
n the hands OF it's present owners, it must
be confessed that the mine
HAS NOT PROVED TO BE
what we fondly hoped it was when we filed
our complaint. The rhine, however, being
1T that time of apparently great value.
ibis suit was brought at the instance OF
5he First National Bank OF this city, which,
rs have before said, was a large creditor
Of the estate of Mr.. Rogers.
Mrs. Rogers, who had in the meantime
married Mr.. Jones, was willing to assist
jhe bank by allowing it to use her name
or the recovery of the property, and this
was the reason why Mr.. Toole and his
irm and Col. Sanders and myself were re-
jained as counsel ior the plaintiffs instead
,f some of the eminent members OF the pro-
ession in either Butte or Deer Lodge.
Mr.. Clark and Mr.. Larabie had spent,
rs have said, very large sum of money
n developing that property; they had
made it valuable. They thought they had
/ good title to it, and very naturally they
to defend the action. Mr.. Clark,
however, took care to consult the most
eminent lawyer then living, the Hon.
jeremiah Black, who was his warm per-
'onal friend, and finding that the trans
lction between Mr.. Larabie and Mr.. Stuart
would probably defeat his title, he came
Onward, like an honorable business man
Is he is, and made fair and honorable
settlement of the whole matter.
We did not get 100000 out of the
as the Record asserts, but We
we're satisfied, and every Democrat and
Iome Republicans who were connected
With that litigation as principals or attor-
leys, or in any other way, will vote for Mr..
Clark on election day.
w. e. CULLEN.