The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-29
THE CITY IS SUSTAINED.
The Supreme Court Rules Against
Richard Jockey In His
Tax Suit.
A 10000 Damage Case Against
the Northern Pacific Rail
road Non-Suited.
Tho High School infringement to II
Strengthened Out In Caurt-shc
Gets the Boy.

Tie case OF Richard Jockey against
James b. Walker, city treRaure', was de-
cided by the supreme cou I yesterday in an
opinion rendered by Associate Justice Har'
wood, and in which the other ~justiccs con-
Cured. NJ. Jockey brought the suit in
the district court to restrain the treasurer
from proceeding with the sale of certain
real estate TO enforce the collection OF taxes
for 1891. He claimed that the levy was ir-
regular and that the city council did not
meet as an equalization board. The city
adopted the county assessment figures for
its own purposes. This the supreme court
declares to be legal and afirms the iudg-
ment OF tho district court. The conclusion
of the court is that the terms Of the city
charter are sufficient to authorize the city
to pursue the usual method as to the en-
forcement of the general taxes authorized
to be levied; provided the proceedings pre-
scribed by ordinance in that regard are not
r%epuRnant to the provisions of the consti-
tuition and general statutes of the state.
'In our OF inion," reads the decision, 'the
action of the proper municipal authorities
of the city Of Helena in electing to take the
| assessment made by the county and state
! assessing authorities. under the provisions
of the statute, as the,assessment for the levy
of municipal taxes. on property within said
city, constituted a legal assessment; and
that the levy of lawful taxes thereon by the
city for municipal purposes. according to
provisions of the charter, and ordinances of
said city, was q legal levy. We find no pro-
visions of the constitution or statute, which
either expressly or by implication. takes
away the power of incorporated cities to
levy and collect lawful taxes. in conformity
with the provisions of the charter, and law
full ordinances passed hereunder"
Opinions in the following cases were also
delivered:
w. III. Raymond Va. Thomas Wimsette.
Raymond sought to obtain a decree estab-
fishing his righs to the prior use OF all the
water of Sweetwater creek i'll Madison
county. and to obtain a peri etual injunc-
ton against Wimsette. BY the decree OF
the lower court Wimsette ls not allowed to
take more than forty-five inches of water
from the creek. which is affirmed by the
supreme court. Opinion by Justice Har-
wood.
The state vs.. William Sheerin. During
the examination of the jurors in the : ial in
the court below as to their qualifications tt
sit in the case the defendant challenged ont
on the ground that he was disqualified be
cause he bad expressed an opinion. HI
answered that he had read of the case il
the newspapers but could form his verdic
from the testimony. The challenge wa
overruled. Tn defendant was convicted
of assault with intent to commit murder
The Judgment ia affirmed. Opinion b,
Justice HARDWOOD.
Walter III. Jensen, by his guardian. s. II
Jensen, plaintiff and appellant. vs. A. X
Barbour. trustee. and A. X. Barbour, de
fendant. The plaintiff appealed from a.
order setting aside a Judgment for So DOC
for injuries to Walter Ii. Jensen by a stree
railway in Great Falls, by DEFAULT. TIL,
order is affirmed. Opinion by Justlc
Dewitt.
Arthur Black ct al. VS.. John Murray e
al, appellants. The question was whethe
the plaintiffs were entitled to liens on tn
Iron Mask lode in Jefferson county. Til
judgement below is reversed with instruo
lions to enter Judgment in favor Of tn
appellants. Opinion by Justice HarwooG
Omar Hoskins, appellant, vs.. Thoma
McGirl. Ben E. Snipes, H.. h. Mund al
Matthew III. Murphy. Action Oh a note TO
$4,000 for a balance. Judgment reverse,
with instructions to overrule demurrer
Opinion by Justice Harwood.