The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-08-15
|QU|{1 ABOUT THE COURTS
The Supreme Court Will Begin
Active Operations Monday
Of Next Week.
An Important Question Involving
tho New Counties Comes
Before It.
Judge Hunt Will Take . Much Needed
Rest Altar His Long Siege ON the
District Bench.

Tho auyrsms court will meet on Monday
pext, whom IL 10 possible tho bench may be
composed Of two members. Associate JUS
tices Dewitt and Harwood. Chief Justice
Psmbsrton ID not At all we'll. lilo had besn
In poor health all during the recent spell Of
hot weather. and before Tho cool weather
came found himself In a very much debili-
tatsd condition. u may be posaible that
Judge Pembe.ton may recover sufaeiently
to cit with the court on Monday. but IL 10
not likely that he will DO ablo TO take any
very active part in the confederation Of
cases for some time. There arc plenty OF
cases awaiting tho action of the supreme
court to keep the judges busy for some
time, and new cases are coming in right
along.
One Of the most important questions
that has yet arisen under tie late division
OF counties will come before the supreme
court at this { sssiot. The papers in the
case we're hled with Clerk Webster ysster-
day. 1t 10 the case OF j. BookwalteE.
plaintiff and respondent. versus Charles =.
Conrad. Almond A. White, j. B. Conner
and W. b. Clough. incorporated as the
Knlispell Townsits company, and the Great
Northern railway. defendants and appel.
lants. BookwalteY brought suit in Mis-.
soula county to recover a large portion Of
the TOWNSHIP OF Kaliapell. After the snit
WAS brought tho Legislature formed Flat
head county out of that part Of Aissouln
in which Kalispeli Is located. The town
site company applied TO Judge Woody. Of
Missoula. for a change OF venue from bis
court to that OF Judge DuBose At Kalispell.
Judge Woody denied the motion for change
Ut venue. and on this the townsite compeny
makes the appeal. The Eoint involved 10
tho construction OF tbs statute relating to
notions involving real property. The law
says such notions must be brough. in tho
county whore the property lies. The suit
in question was brought in Missoula county.
of which Kalispell was at the time a part.
In the division OF Missoula county kalis-
Judge Woody's ruling amounts practically
30 saying the notion brought In his court
must be maintained there. The supi eme
court will rule on the question ns to whether
the formation Of Flathead county necsssi-
tated the removal from Nilsson a county Of
cases that had been begun in the latter.
Eugene Simard applied to the supreme
court yesterday for " writ OF corsiorari
from the district conrt Of Missoula county.
He says that on July % last John D. Han
ratty and A. r. Tillman got an injunction
restraining him aud Others cutting hay
p!oyed at the tim4 by Trefie Laoasse and
Tom Asaelin. When the injunction was
issued he quit their employ. though they
kept on and removed the hay. On Han
ratty's afidavit simard and Asselin were
arrested and fned 800 for contempt Of
court. He asks for a writ OF cortiorari that
the supreme court may rcview the contempt
proceedings.
The district court has practically ad-
journed until Sept. l. Judge Hunt has had
along and severe ct ain for aeveral months
in the ttial of ths high school case, the
hearing of importnnt motions on %iniunc-
tions. etc.. and il entitled to a rest. He
will leave tho oity shortly for a brief vaoa-
tion. Judge Buck will DO back the latter
part of the week and will be on hand for
the hearing of important motions. Still
there will DO no moro important trial until
about the first of September.