The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1889-01-05
PRICE 10 CENTS

Of its real value, we can confidently count
our wealth to-day as we'll worth $780,
100000 as any state in the union. Our
annual proceeds are rcckoned at a gross
total of $4,000, 900, which is at the rate
OF 165 per cent on a capital Of $300,OOO,
900, Or per cent on $1,OOO,OOO,OO0.
Not bad paying investment.
Herald: Hon. N. w. Mcconnell, chief
| justice of Montana, on Thursday last sent
IN his resignation to President Cleveland,
to take effect at once The Judge has
contemplated this step for some time and
it is not a surprise to his friends. Being
fine lawyer and having determined to
make his home in Helena, Judge McCon-
nell was not content with the $4,000
year that the government allows him for
occupying the chief justiceship of Mon
tana, especially as he knows an active
practice would be more lucrative. He has
therefore resigned to enter upon the prac-
tee Of his profession in this city. 1t is
SAID that he will soon be made partner
in one of the prominent law firms OF the
city, and that as soon as his successor is
appointed will enter ut once into business
The judge thinks the president will ap-
point lis successor at once, though he is
doubtful if the senate will confirm hlm
before the new administration begins, and
fully expects to serve on the Montana
bench until President Harrison shall name
some one to succ eed him.
In speaking of tie trouble at Castle the
! Husbandman says: 1t was feared the at
\ tachment laid on the Cumberland mine
! by the bank at Livingston would stop
business and place the miners in strait
ened clrc umstances for the winter But
J., we find since the excitement has abated
the result will not probably be very dis
astrous after all. There were nearly forty
attachments placed upon the mine before
|
rived, which swcls the total Indebtedness
to about $4,000. But as the property IS
= we'll worth 100000 and will probably
bring that sum under the hammer, the
condition does not seem SO bad as the In
debtedness will most likely he adjusted
in short tlme The statement in most
of our territorial papers in regard to the
smelter being included III the attachment
is untrue. The attaching of the fuel has
caused temporary closing down, but we
are glad to know it will start again soon.
Henslcy Bros. own the smelter and are
not encumbcred and in order to keep up
the camp have made arrangements to
keep the smelter running on Cumberland
ore and will start it up as soon as fuel
can be supplied. The work On the Cum
berland mine will also progress, though
al possibly not quite so extensively as 1t 9TH
le erwise would. However, the camp is in
I much better shape than seemed possible a
's week ago.
\ A special to the Independent from
i, Washington says that the case of Marion
=, Flaherty has been filed in the Supreme
Court of the United States, on appeal
~ from the Supreme Court of Montana.
, In 1888 Faherty fenced the west half Of
"A section SO. township 5, range east, being
IN Galatin county. The section is one
=. which the law sets aside for school pur-
poses. and both on this account and the
fact that it was a part of the public do
fo main, which has not been settled by entry,
d it was held that Flalerty was trespasser
le- Under the act of Feb. 35, 1885 the United
w States district attorney brought suit
IN against Flaherty to compel him to take
p down his fences Flaherty set up nc
al claim to the land, but rendered a de
lid murrer to the jurisdiction of the court and
''n the unconstitutionality of the law. The
oe demurrer was overruled, and FlahertJ
7c' carried the case to the supreme court o
U.s. the territory on the same pleadings, where
lty the decision of the lower court was sus
Is taincd. The decision of the Montan
le- courts upheld the rights Of the govern
'o- ment to set aside the 18th and 36th sec
OF tions for school lands and asserted tina
they were under the jurisdiction OF tn
nty United States. The result Of the abov
css case will he watched with interest by tn
ian many Montana ranchmen whose fence
as extend beyond the lines of their claims.