The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1893-05-23
YESTERDAYS DECISIONS
THE CASE OF DIR. KELLOGG
Judge Buck OF the District Court %
Lewis and Clarke County
sustains the Action OF
the Medical Board.
Special Dispatch 10 the standard

HELENA, May 2.-The supreme court
handed down three decisions to-day, the
most important OF which is known ~ the
Mady clothing case, i'm which charges OF
fraud were made In the district court OF
Lewis and Clarke county. There are ssvs
oral other suits pending in the same mat.
ter. involving about $i5,0D, and the case
in the supreme court was test one. u
ID that Of Isaac Joseph OF al, plsinti6s
and respondents, W. the Mady Clothing
company, defendants and Appellants.
The plaintiffs brought suit In the
lower court to recover u, ,28aS0
for goods sold TO the Mady company. The
account was not due, but the PLAINTIFF
alleged that the clothing company was
about to dispose Of its property for the
purpose of defrauding its creditors. and
by its officers, had entered into . col.
lusive agreement with Reinboid II. kletn>
schmidt and Albert Kleinschmidt, whereby
Il was pretended that the defendants were
indebted 10 them In the sum OF et3,61a1
upon an alleged promissory note and
that, IL tho note was made, 10
was without consideration. A trial
by q Jury resulted In q verdict for
the plaintiffs. The supreme court alRirms
the Judgment. The opinion 10 by Associate
Justice Dewitt, tho other justices con-
curing.
The court reversal the judsmspt OF
Lewis and Clarke district court IN the case
Of II. b. Palmer, appellant, W. ]. L. fs.
rael ct al, defendants and respondents.
Palmer had the exclusive right for paving
Main street in Helena. He brought suit
to enjoin William Sears from interfering
with the work and tho above named were
made defendants. The court below, on mo-
tion of Sears, dissolved tho INDUCTION. The
court holds that Paimer's contract sub
jectcd him to heavy penalties II he failed
10 complete Il within the specified time
and that the city could delegate Its authoc-
ity to him. which was not questioned.
Nelson Story, OF al, vs.. d. w. Corde.i, OF
al. appellants. This action was In re.
plevin for the recovery OF certain barrels
Of whiskey. The plaintiffs are creditors OF
Cortiell. The creditors. as plaintiffs Of
Cor,leil, ON Nov. "a, 1889, went To him for
settlement of their accounts. Cordell was
q merchant at Walkeryille. He turned over
| the barrels Of whiskey. The only acts
tending to show delivery from Corlell "a
tine plaintiffs were the moving OF the bar
rcis Of whiskey from one place 10 anothsr
In the store, and certain markings on tho
barrels. On Nov. 25, Cordell made
an assignment for tho benefit Of his credi-
tors TO sutton. the other defendant. which
included the whiskey. He refused to de-
liver the whiskey to PLAINTIFF. In the
trial below. the Judgment vas for the
PLAINTIFF. Defendants moved for new
trial which Was denied. Judgment rs-
vsrsed. Opinion by Associate Justice Do
Witt.
THE KELLOGG CASE.
handed down an opinion sustaining the
act Of the state medical board withdraw
| ing the license Of DR.. KelloGe. He holds
that the board has an unqusstioned right
under the Law 10 Judge Of the qualinea-
tions OF physician and the power to act
accordingly. Otherwise, IL could b
assumed that the court would bs en-
powered to examine into these qualifica-
iions and capable Of giving the neces.aEZ
examination. He says: "The territorial
legislature, without infringing the consti-
Ia tional rights Of the people OF Montana,
either under the territorial or state eov.
erument. authorized this board, subject,
of cosirss. to the limitations Of sths act
conferring the power, ID dstsrmins
who should and should not prac-
tice medicine in Montana. II
was. no doubt. assumed that Q
board composed Of seven learned. skilled,
and capable physicians. ~ expressly -
quired by tho act, would be better quail
fled to pass upon the fitness. both from
ON educational aud moral standpoint
persons engaged In the discharge OF ths
duties Of q sacredly confidential and In
dlispensably learned profession. than ans
other board, tribunal or court compossd
Of. or presided over. by men devoid ol
medical education or experience.