The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-23
Henry A. Root Says That All Talk
About Compromise Is
Rumor
No Offers of Settlement Have Boon
Made or Considered by
Either Side.
H Mr.. Roots People Can Have Their
Rights They Are Willing to Stop
Litigation.


following reference to the Davis case:
Ever since the trial of the Davis will
caae and the failure Of the jury to agree
thereon there has been an underlined vet
general belief that the famous suit would
never TO ret tried. This belief was founded
upon theory rather than fact, for none Of
the principals to the contest have ever been
quoted as authority for any stat atement to
that effect. But the public made bold
guess.
In the first place, the division in the jury
room was uncomfortably close and indi-
Gated that new trial for either side would
be risky business. People argued that
the amount involved was large and that if
be q pretty good sized fortune coming to
each OF the parties in the contest. But
above ana beyond these considerations and
what the average man looked at and con-
sidered the longest. was the enormous ex-
pense to which both sides had been put
since the litigation began. The trial devel-
oped portion of the expenses in the shape
of expert and other witness costs but be-
yond this WAS the fees of the great lawyers
and the other incidental expenses of detec-
tives and hunting up of witnesses. of which
no estimate could be formed yet which was
certainly very large.
II now seems that the public was right in
its preconceived opinion that there was a
probability of compromise, for negotia-
tions looking to that result have been in
augurated and are being considered. 1t is
at this time hard to learn which side opened
the ball, for the gentlemen who are conver-
SAINT with the matter are reticent to the ex-
tent even OF not having their names used
until at least further stage of the pro-
ceedings but they admit the probability of
q settlement.
This settlement, if il should be made, il
matter in which the people of Butte are
far more interested than would appear at q
first glance or than majority of them
might think for. In the first place, the
the judges and the court officials salaries,
which in the last trial amounted to large
sum. In the second place. the trial occu-
pied the court seven weeks, to the detr1-
ment of all other litiRsnts, and virtually
cloqged all legal business to the annoy
ancs and cost, in many cases, of lawyers
and their clients.
In the third place. and by far the most
potential reason, there is now and;has been
since the death of Mr.. Davis, nearly 81, ,000,-
900 lying idle in the bank, and which can
not be utilized until the case .is finally de-
termined. II the suit is settled this money
will be permitted to perform its functions,
and will flow In the natural arteries of
trade Instead of remaining unproductive
in the vaults it will be utilized by mer-
chants and others in business and will be
factor in enlarginR existing ventures and
opening up new enterprises, for the First
National, although always conducted on u
conservative basis, was always large
lender, and there is no reason to believe
that it's policy in that respect will be
changed.
These are all potential reasons and, tax
ing the selfish view of it, it is safe to say q
compromise will be hailed with delight by
all GLASSES in Butte and those who are par
ties to it, whether AS principals or media
tors, will be given due credit"
Mr.. Root. when asked about the above
rumor last evening, said there had been
talk of u settlement of the controversy but
that he had had no interviews with any OF
the parties in interest to that end and no
offers of compromise had been made by
either side, and consequently none were
under consideration. What might happen
in the future he could not tell. ''All our
side want he said, "is what they think
they are entitled to, and if they can get
that without further litigation of course
they would be glad"
1t is expected that there will shortly be
decision in the supreme court resulting in
the appointment of permanent adminis-
TRAITOR of the estate. The question of the
Enthusiastically has been held under ad-
viselnent several months.