The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-19
Supreme Court Decides That Mis-
soula County Had Authority
to Do So.
Judgment Affirmed Against Dol
Raymond In the Gambling
House Case.
Cascade and Dawson County Courts lie.
versed-United states and Dlstrtct.
Court business.

The supreme court Yesterday decided that
the commissioners of Missoula county have
the power to Issue honda to redeem the
outstanding indebtedness of the county.
I. o. Hotchkins appealed the case from
the ruling of Judge Marshall, of Missoula.
which 10 affirmed. The main issue WAS
era had the authority to redeem tho out
standing indebtedness of Missoula county
by issuing bonds for the warrants repre-
senting the indebtedness without first sub
hitting the question to the electors. On
Sept. II, 1891, the commissioners ordered
that coupon bonds to the amount of $780,
600 DO issued to redeem the outstanding
warrants. The bonds were to be Of the de-
nomination of s.. 1000 and TO bear dats of
Jan. /, 1892, and be redeemed in twenty
years, with ak per cent interest, payable
semi-annually. The commissioners pro-
vided for the advertisement of the bonds
in Missoula county and Now York city,
and required each bidder to give q
certified check for $1,000 rs an evil
dence of good faith. At a special term
held by tho commissioned onSJan. q, 1892.
the date of the sale was changed to Feb.
[Ds 4CJSs 0llN ou GAuV NNy AN oetAS awe
were opened and the award made to i. II.
Rollins & SOM. The floating indebtedness
of the county at the time the orders were
made was about $l72, 171.31, represented by
county warrants, which are not interest
bearing unless presented to the treasurer
and endorsed, ns provided by law. Hotch-
kiss claimed that the commissioners did
not submit the question Of the issuance Of
the bonds to the qualified electors of Mis-
soula county, and that the action of the
commissioner was void, and asked that the
bonds DO declared illegal. Wien the case
was heard at Missoula before District
Judge G. s. Marshall, Hotchkiss sought to
procure a perpetual injunction against the
commissioner through his counsel, Mo
Cornell, Clayberg u Gum, of Helena. L.
q. Webster. the county attorney of Mis-
sorla county. filed q demurrer to the appli-
cation, which was sustained BY Judge
Marshall. Opinion by Blake, chief Justice.
In the appeal Of George w. Raymond.
who was convicted of conducting q gamb-
ling house contrary to law and fined $500.
the supreme court holds chat the issuance
of a gambling license which purportsd to
take effect several days before would not
bar a criminal prosecutions; hence Judgment
of the lower court is affirmed. Opinion by
Dewitt. and coacurred in by Blake and
HARDWOOD.
Henry L. Berg VS.. the Boston and Mon
tana Mining company. Judgment reversed
md the cause remanded for a new trial.
Opinion by Dewitt. Ths court says it
cannot be held that the lower court was
justified intaking the matter from the jury
and considering the case as an ~undisputed
question Of fact. Berg was employed by
the Boston and Montana Mining company.
md sued that corporation at Great Falls
for $4,000 damages for alleged permanent
injuries. He was at work with q numbe of
other men blasting rock. One Of the blasts
was fourteen feet below the surfno.
After the fuse was lit all hands went
to a shantv at 4 safe distance away. In
about ten minutes the forenen directed
the men to return to the place where the
blast was, saying it was dead" Berg was
among the first to reach the hole. Az he
did SO the charge went off. He escaped
with a broken leg and ankle and several
bruises. On the trial at Great Falls he
claimed that he was permanently disabled.
The attorneys for the defendant made a
motion for q n%on-suit. which was granted.
The state vs.. Richard Kief. The indict-
ment alleges that Kief stole two mares at
Wolsey, Canada, on August IS, 1888, valued
at 800, from Robert Mitchell. and brought
them into Dawson county, Montana, in
October following. Upon the trial below
the court instructed the jury to return a
verdict of not guilty on tho ground that no
evidence had been offered to prove that the
taking of the property in Canada was a
violation of the law of that country. The
Judgment is reversed and tho case remanded
for a new trial. Opinion by Blake, chief
Justice.