davidaulloa/AmericanStories huggingface dataset:
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
PAROLE
A Case Involving Title to Real Estate at
Boulder.

A Case Involving Title to Real Estate at
Boulder.
A decision was rendered yesterday by the
supreme court in the case of tho Boulder
Valley Ditch and Mining company VS..
Frank Farnham, respondent. The action
was commenced at Boulder to recover the
chased by a man named Barry tom one
Elder, who claimed to represent the Boul-
der Valley Ditch and Mining company.
Ton dollars was paid down. and the bal
;,nce was to be paid upon thu delivery Of q
to rntify the sale. Barry claimed posses
sion from 1883 up to 1889, and also offered
to pay tho balance, which tho company
would not accept. la the latter year he
transferred his interest to Frank Farnham.
Farnham built upon the property and paid
the jury gave y verdict in favor of Farm
ham. The company moved for a
new trial, which was denied, and
the case taken to the supreme
court. The court, in its opinion by Asso-
ciats Justice Harwood, says even though
''still part payment alone 10 not such part
performance of a parol contract for tho
sale of real estate as will sustain an action
for special performance of the contract be-
cause the party agGrieved has Al adequate
remedy in damages" Defendants case
is not. therefore, sufficient to support a de-
cree for specific performance. III defense
set up is purely an equitable one, and the
facts upon which defendant ia entitled to
roly to support his equitable title. when ad-
mitted, a.S not sufficient to sustain a de-
cree in his favor. The fndinRa Of tho jury
in the case were advisory, the court there
fore concludes, upon a full consideration,
that the court below should have disre-
Garded certain special findings Of the
jury which are unsupported by evil
dence, and should have pronounced
Judgment upon the remaining findings in
favor of the plaintiff. 1t is therefore or
derad that the case be remanded, with
di EDITIONS to the court below to set aside
md vacats the judgment entered in said
action and enter judgment in favor Of
plaintiff, iacluding costs.
In the case of John +. Locke and John
T. Work against the Northern Pacific rail-
road company a motion for u rehenring was
denied. The plaintiffs obtained Judgment
below for 1920 for shsep killed. This
Judgment was sustained by the supreme
court. Rehearing was asked on this
ground that two Judgments were rendered
against the company for tbs same loss. II
is held by the court that the two judgments
constitute but one, the entry Of tho second
being an entry nuno pro tune, ~reoiting the
same trial and verdict.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
THE HIGH SCHOOL QUESTION.

Further Steps Toward Getting tho Build
Ing From the Contrnctors. =
The school trustees held q special meet
ing yesterday afternoon. The object was
to take action on the high school problem.
Members of the board are beginning to
eel a little FESTIVE under the constant ortiz
cisms at the slow progress they are making
toward getting tbs building finished. When
they got together yesterday it was with the
determination to do something to bring
matters to q focus. Trustee Miller offered
this following:
Whereas. The time has expired in which
the contractors Of the high school building,
Grant d. Wha!on, were notified to proceed
with the work on said building, or the
board would proceed in accordance with
section 10 of the contract between them and
this board, to TAKE possession of said build
ing and complete IT at theirs, the contrac-
tors, expense. and
Whereas, The architect. John G. Paulsen,
made the necessary certificate to enable tue
board to proceed as oontomp lated in such
a case by said section twelve of said con-
tract. therefore,
Resolved. That the board proceed to
terminate the employment Of said contras-
tors, and take charge Of the high school
building, and purchase the necessary
material and procure the necessary labor
and complete the building as speedily az
possible, consistent with economy.
Trustee Jockey raised the question as to
already given, Was enough. He thought II
best to consult the architect, who was sum
moned. Architcct Paulssn agreed with
Trustee Jockey that another formal Ger.
tifcate was necessary. to SHOW that the
contractors wore not going ahead with the
building. Trustee Jockey then offered the
following:
Resolved, That John G. Paulssn. archi
tect, be requested to furnish this board
with the necessary certificate of the re-
fusal, neglect and failure of Messrs. Gran
u Whalen, contractors, to provide labol
and material for the high school building
so that this board may terminate the en-
ton 10 of the contract with said contract
OrS.
The resolution was adopted and thu
architect promised to have the certificate
ready by this afternoon. The trustees, il
the language Of one Of them, see that the,
are in for q fight, and are determined tt
force the issue. In order that they may e
ahead advisedly, it was decided to engage
another lawyer to help them. Trustee
Guthrie wanted to hire a lawyer that
knowed something" to advise the board
Some Of the trustees thought this would b.
construed into a reflection on County At
torney Nolan, the counsel for the board
It was therefore decided to engage a law.
yer to consult with County Attorney Nolan
One of the things which the lawyers viii
be asked to look into il whether the assign
ment by the contractors to thu Montana
National bank of So. GOO was not prohib
tied by the clause in the contract vhiol
provides that mo transfer of contract o
interest in it can be made without tho con
sent of the architect and the board"
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Nearly Puro Metal.

A huge piece of ore weighing nearly five
tons was recently shipped from the Mount
ain Con at Butte to Baltimore. The ore
was solid pepper glance and had been
mined for over q year. For nearly that
time it had lain near the Mountain Con
hoist. A few days ago Marcus DAILY ordered
it to be packed in sawdust and placed in an
iron bound box and sent to Baltimore.
From there. it 10 said, it will DO shipped to
France, where it will be exhibited as q huge
advissment of the greatness of Butte's
mines. From France it will probably be
shipped back to America, and will be given
a prominent place in the Montana mining
exhibit Ut ths Worlds fair. It ia a very
rich piece of ore. and is almost pure metal.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Baby Carriages.

The Bee Hive has just received n carload
of baby carriages, beng the largest ship
ment Of the kind ever made to Montana.
Their line comprises an assortment that
cannot be equallcd anywhere in tho state.
They have carriages OF NIL descriptions,
from u full sized reed body with iron wheels
ut $3.50 10 the iinost wound recd bodies,
upholstered in silk plush, with BISCUIT tufts
and mndo az fine NJ skilled workmen can
mako at S35. The prices on all buggies
are 81 TO @''G per cent cheaper than reGula,
prices, ana those IN need OF carriages
should give them q call.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

MED and a writ Of error sued ont TO Tho
cirouit court of appeals Al San Francisco.
Finnio obtained Judgment for ei,N0 for
personal injuries received In a wreck in
Jefferson county.
A writ Of error 10 tho circuit court OF
appeals wAA issued In the caso OF Mary A.
Black W. Tho ElkAorn Mining company.
Barbour W. Bird; suit over Ksventy-nins
argued and submitted.
Gilchrist Bros. a. Edgar va. Helena Hot
Springs a. bmeltor Railway company. Pnr-
chase price Of road ordered 10 be paid into
cOnrt.
Duncan ~. Albsrtos. Petition TO DO filed
for writ Of error TO the oilcuit court Of ap-
D0Rlg.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
WON BY TIL BANK.

A Verdict for tho First National in the
Payntcr Suit.
Last Saturday at noon the jury in the
case of W. H. Paynter vs.. the First National
bank, retired. At three O'Clock sunday
morning they agreed aud handed in their
verdict Yesterday morning in Judge Hunts
court. 1t is in favor of the bank on every
point. The principal point plaintiH
tried to show was that a note
for $4,000 given to the bank by
Paynter had been cancelled by a mortgage
on his stock of drugs. A list of special
findings were nubmitted to the jury. or
which they found on every point in favor
of the bank.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
PROTECTING HOME LABOR
Suits Against Great Falls & Canada
Railway for Importing Ca
madam Laborers.
Alleged That the Road Hired Men
at Lothbrid0o to Work In
Montana.
The Supreme Court Decides q BOULDER
Real Estate Cass-Won by the
Bank.

john Mcdonald. assistant United States
district attorney. filed thirtssn suits yester-
day in ths United gtatss court against the
Great Falls u Canada Railway company for
violating the provisions Of the alien CON-
chat the railway company made contracts
at I~sthbridgc, on the Canadian side, with
thirteen men to oono into Montana and
work ON its line in November, 1891. Judg-
mont il asked against the railroad COM
pany In zach case for 81, 600, making q total
Of $4,000 which Unols Sam wants froua
the Golfers of the company for encourage
ing the importation of foreign labor. The
company is incorporated under tho laws of
Shis state. and operates a line from Great
Falls to Lsthhridge, in Canada. In the
formal language of the Complaints hled
yesterday the United States says that
tho road entered into = parole
contract with the aliens, paid their trans
portation, and encouraged and solicited
them to enter into an illegal contract. The
alien law was passed In 1886, and proyidsa
that from and after its passage i shall DO
unlawful for any person, company. partner
ship or corporation, in any manner what
soeyer. to prepay ths transportation, Or in
any way assist or encourage the importation
or migration Of any alien or aliens. AM
foreigner or foreigners into the United
States, its territories or the District of Co
lumbia, under contract or agreement, pa-
role or special, expross or implied. made
previous to the importation or migration o.
sucn aliens or foreigners, to perform labor OF
--.-..- ---. I:-l Al = "a
declared void and provision made for thu
collection of a fine Of $1,000 for zach Of
fence. The names of the men who were
brought from Lethbridge are John Lamont
Andrew Medic, William Lyons, j. 9. MoRae
Robert Carsuthers, William Hays, R. s
Nicoll, William Cluston, J. A. McNabb
Richard .Spry, Neil Mcleod, J. Q. Nc
knight, Charles Spry.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Democratic Primaries and Cnnventton.

Democratic Primaries and Convention.
Tho democrats OF the several wards OF
the city OF Helena are requested to meet or
Monday evening. March %, at O'Clock. at
tho following places:
Fir6t ward-City hall.
Second ward-Ilendrlcks club rooms.
Third wnrd-Payne's hotel.
Fourth wnrd-Gerhausor's.
Fifth wnrd--School house.
Sixth wnrd-Hose house.
Seventh ward-Ioso house.
The meeting is called for tho purpose Of
nominating candidates for aldermen nnC
the selection of ten delegates and ten al.
~ternRtes to attend the democratic
city convention which said convention il
hereby called for lhuradny evening. Marcel
81, at s o'clock, ut Electric hail.
JAMES SULLIVAN, Chairman.
DAVID MARKS, secretary.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

I, the undersigned, assignee of b. Harris,
will receive bids for the stock of goods, &C.
counts, fixtures and all assets formerly as
signed to me by said Harris, and now re-
naming in my hands. Inventory can be
inspected ut the placs of business in Hell
Gun, Montana. No. 1l9 and l2l N. Mnit,
st Get. The right to reject any and all bids
reserved. Bids to be delivered to me at
said ulace of business before noon March
%, 1892. Moses Morris. Assignee.
Helena, Mont, March 8, 1892.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

The event of tho theatrical season will be
the appearance of Mr.. Stuart Robson IN
the greatest of all modern comedies, The
Henrietta, Friday evening next. MIR. Rob-
son WAS famous long before the Henrietta
was written, but AZ q vehicle for the pecu-
liar vein of humor for which MIR. Robson is
noted, the character of BERTHE Lamb has
given him full scope. The Henrietta is II
masterpiece of clean, bright, intelligent
comedy written by Blonscn Howard.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Grand Larceny Charged.

County Attorney Nolan filed an informa-
ton yesterday against II. ]. Heron. charg-
ing grand larceny. The complaining wit
ness is Moses Root, who snys Heron stole
\ roam steer from him worth $25. William
Barrett, another witness, SAYS Heron also
stole Il heifor worth $50. At the plelimin-
nry h~oariug at Marysville, Heron WAS held
to appear before the district court.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Nav Suits.

John r.. Watson has commenced suit in
the district court against Frederick Eide
and Joseph O'Neill and Jacob Switzer, his
bondsmen, to recover AN overpAynent Of
S5iS.S5. on II contract to furnish all mate
rails for the construction of the building at
ID North Main street.
Herbert Nicholson d Co. filed suit against
ODDLY Hhlford to recover on two promis-
sorry notes TO the noun of %B4S.47 aud n
balance on account Of $25.7 :.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
incorporation Notice.

Due notice is hereby gwen that the books
of the Helena, White Sulphur Springs &
Castle railway company will be open at the
office Of VIM. j. Fuchs in the rear part of
the Montana National bank building on
Edwards street. in the CITY Of Helena.
Mont, on the 22d day of April A. D.. 1882,
for the purpose of receiving subscriptions
to the capital stock Of said corporation.
L.. II. Hershfield. II. M. Parchen, A. M.
Hotter, A. J. selieman, D. A. Cory, w. A,
Chessman, inoorporators.
Helena, March 90, 1892.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Sa muoi X. Davis Special. -
INVESTMENT rOuRs
5000 Little Anaconda, 1889.
5000 West Iron Mountain. 100.
quo Helena & Victor, $1.50.
800 and 700 l OH Mountain, SIC.
100 aud 325 BALD Butte, $40.
800 Combination (Philipshutg), S1.26.
600 Poorman Occur d'Alene) 95c.
go Bi-Metullic Extension, 4Oc.
1000 Yellowstone (Cnatle), $l.2.5. 1900
Rooms &c and ~. bailey block.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Judgment Against tho Penn Yam.

IL. M. Parchen obtained Judgment In the
district court yesterday against tho Penn
Yam Mining company for S2,005.41 and S12
costs on promiHsory notes executed in his
fnvor. When tho case WAS called no defense
was made.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Miss Mary E. Jackmnn gives privat"
lessons in shorthand. Room Is, bailey
block. Call AT offico for terms.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Go and SEQ tho hArHaiiS counters at Tho BE,
Hive. Their + cent, 10 coat. Is co mt and % cont
counters nro loaded down with bargains.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Watches, :ewelry, silverware and clocks clos
ing out at cost. VIM. Meinstein u Go:
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

just received. largo limo of handkerchief,
d Bradley.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
UnIted states Courts.

William Finnic vs.. Northern Pacific Rail-
road company. Motion for a new trial de-
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Mysteries of the Court of London. by. e.. w.
nj. reynolds in eight volumes, at The bee Hive.
Price so cents per volume
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Removable. Norris has removed his
dental Office to the Power block, looms
80 and BIZ, third floor.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Primarily bargains, secondarily bargains, al
the time bargains as Butcher d Bradley's 1u
Broadway.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Stranger! Do you know that You can buy
choice fresh fish for loo per pound at the Rialto
Cash Market.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Societies Wishing to Give Ounces
can nave the Turner hall At a very low
price. Enquire by II. Tom or Henry
Baatz.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

The Rec Hive is offering the beat bargain in tho
city in Jersey ribbed vests in cream, white and
ocru at Is cents.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
ne.orved scu,s for tho Lecture

On Bonaparto Tuesday evening will DO on
sale ut Pope ~ UConnor's Monday and
Tuesday. Many seats are already taken.
also the boxes.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Full dew line of ladies'. misses and boys hose
at prices that will sell them, Butcher q Bradley.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Go To Parchen 4 Co. for your grass seeds
fresh and clean.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
y llluoi X. Davis

Fresh spare RIBS at tho Rialto Cash Market,
Telephone l0o.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Fresh eardsn greens, poultry and fish for
sale at the Rialto Cash Market.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

The only society or institution that is legiti-
mate in its offerings to furnish transportation
and hotel facilities to the Worlds Fair.
For a specified sum. depending on the rate of
fare to Chicago, to be paid in weekly or monthly
installments. the Society will furnish any
reputable person of either sex. who has signed
an application for membership and paid the
membership fee Of five dollars. with
first-First class railway transportation to
Chicago and return.
Second Transfer in Chicago for self and
usual allowance of baggage. from station to
hotel and return.
.Third-seyen days hotel accommodations in
Chicago.
.Fourth-six admission tickets to the Column
bian Exposition.
Fifth-Dinner at a. restaurant on the Exposi-
ton grounds for six days.
sixth-An accident insurance ticket in . re-
liable company for fifteen days from dats Of dc.
parture for Chicago, paying $4,000 in case Of
death by accident or Sl5 per week in case Of
injury.
beventh-The free use Of the society's head.
quarters and Bureau Of information while in
Chicago.
Mghth-.A copy Of each issue Of the Official
journal of the Society.
For the convenience of members III making
their payments, local clubs will be organized, a
member Of which viii be appointed Local Sec
rotary with authority to collect the same.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22
Wanted,

Ladies'. misses and children's fast black
seamless hose ut 20 cents At Tho Bee Hive.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

Ladies' isle thread. balbriggan and silk vests
in ocru. cream white and black at The Bee Hive.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-22

DAVID MARKS, secretary.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-16
Real Estate MafterR

The following sales have been made by Chas
Early, real estate broker: To Jos. D. McCauIey,
lot 1877, SO. 1872; IS, 900. To Felix Freyhold,
1915 3Oth ST.; $4,000. To Mrs. Louise C. Gregory,
pit lot Is, SO. 636; 81. SIS. To Lewis C. Collins,
one-sixth interest in lots /, 2, and s, SO. las;
5000. To C. H. Bates, 6 houses, Hutton court;
$1,000. To Calvary Church, lot 200, SO. 1866
80, $50. To Mrs. S. s. Benedict. lots II and ",
So. $40; 81 $50. 10 Harriette J.Early, houses
in Hutton court; $4,000. 10 Mr.. Lin A. Smith.
lot 67, So. PAL; $500. To Mr.. L &. Pilling. lot
"A, SO. l54; $1,000. To Mrs. Lucretia L. john
son, 3 houses in Hutton court; 80, 800. To Mrs.
Mary Lee. 1920 Sunderland place; $l0,5G0. To
Mr.. Andrew B. McCrecry. 1926 l4th street
northwest; S9.977. To Mrs. NJ. A. Girls
void, 1890 10th street northwest; $4,000. To
Mrs. Mary Early Phelan. two houses in
Green court; 81. 500. To Mrs. Mary Carroll
Acosta, lot lit. square $50; $1,000. To Hon.
George +. Huff, lots As and IL, square lit;
sl4,oOo. To Mrs: 8. s. smith lots o and r,
square 1873; sl2, $50. To A. W. Griswold, lotE,
square 1873: IS, $50. To A. W. Griswold, lots Al,
As. 40, so and 81, square l56; S2s. 493. To A.W.
Griswold, 1640 10Th street northwest: So, $50.
To w. II. Saunders. lots 8, 10, IL, II, Is, IA, Is
and 16, block Al, Holmead; S35, $50. To Mr..
Thomas Fuller, lot 81, square l56; "a, 500. To
Mrs. Fuller. l7l0 P street northwest; $lo.5O0.
To. Mrs. Fuller. lot SO, square 1856; "a, zoo.
To A. B. McCessey, lots 50, 80, 100 and I0l,
square l56; el9,000.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-16

Thomas Henry the old colored man who was
dubbed by Policeman Murphy and who failed
to respond as a witness when the case was
called, as published in yesterdays STAR, was
found last night and this morning appeared be-
fore Judge Miller as prisoner for contempt.
Judge Miller questioned the old man con-
corning his whereabouts when he should have
been in court and the old man said that he
went across the river to work for Mr.. Robert
Springman. Thursday night, he said. he slept
out doors beside a fire, and that he returned
homo i'll the morning. When closely ques-
toned the old man got his dates badly mixed.
He sGid ne went across tho bridge at 6 o'clock
i'll the morning and returned two hours later
when he had crazy spell and was taken to the
home of his sister. He denied that he had been
given money by any one, and he also denied
that he was furnished whisky.
The Judge asked HIN if he would appear in
court Tuesday, and he answered in the atiirma-
tive.
II know you will, said tile judge, "for am
going to hold you i'll 500 bonds In default
you can stand committed"
Lawyer Moss, counsel for the policeman, said
he hoped the old man would be kept where he
could not be squeezed. People" lie said,
sometimes make oyertures to persons held in
this way"
There's no doubt" said the Judge, "about
overtures having been made to HIM"
The Old man was committed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-16
Protection in England.

From Land and Water
We are often told by free traders that protec-
ton would not really benefit the occupation of
land in this country. 1t is, therefore, interest
ing to ascertain what the effect of protection
on agriculture is when it is actually at woik
and We have only to turn to a country in sight
of our own shores TO see this. France has
adopted protection. not. perhaps. in quite 30
thorough a form as prevails in the United
States. but with such a tariff certainly tends.
II protective tariffs do tend either way, to de-
velop the French industries. We have the
French agricultural statistics before US for
1880, and they are most interesting reading,
for they show US. nothing else can show
us. the practical effect of protection on
agriculture. The first and most striking
result is the increase in the area OF
wheat crops. Taking the hectare at two acres
1t is really more-there is an increase Of be-
tween $50. 900 and 200, 600 acres over the aver
age of ten years. Our returns show for 1880 a
falling off in the wheat area. What We venture
to ask is Why is France daily adding to her
wheat area, while ours is decreasing? The
answer is, protection. Wheat growing in
England does not pay; We. therefore, assume
that wheat growing abroad does not pay. This
Is. however, not 30. and the case Of France
proves this. The more the question is studied
the more one sees how admirably the Anti
Corn Law League did its work, how the falla-
cies of Golden have been accepted as dogmas
OF political faith.