The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-02-10
A BIG LAWSUIT.
j. BoOlWaltcr Sues the Great NORTH
ern Railway Company for
5000.
The Suit Is for the Possession of the
Principal Portion of the Town
site of kalispell.

commenced in the district court on Sat
urday involving 100000, and it promises
to be the most important, interesting,
and perhaps, sensational case which has
ever come up in this county or state.
The suit is for the possession of the |
principal portion of the townsite of Kal.
ispcll, including all Of the business sec
ton of the town. The plaintiff is j. |
Bookwalter OF the Great Falls TOwn5itc
company, and the defendants are Charles |
f.. Conrad of Fort Benton, \. y. White !
Of Moorhcad, Mimi. J. B. Connor Of In
dianapolis, Ind. W. =. Clough of st.
Paul, and the Great Northern Railway
company. These defendants are all
members Of the Kahspell Townsite com
pany. The complaint although ii vol
luminous document full Of the usual
amount Of legal vcrbiage, tells very in
/ terCsting story and constitutes. incident.
ally, very able essay on how fortunes
are made in western real estate deals. As
set forth in the complaint and briefly
stated the case is as follows: j. Book
walter, of Great Falls, made Il contract
November 2G, 1890. with D. H. McGinnis,
of st. Paul, to the effect that McGinnis
was to go to the Flathcad country and
secure an option on ground at point
along the proposed Great Northern road,
then not built. where it was thought the
company would establish town. Sev-
cnty per cent Of the profits accrung
from this Transaction were to 90 to
Bookwalter ard thirty TO McGinnis. Me-
Ginnis accordingly went to the Flat
head and by December II had for so
secured an option on about lGO acres Of
land belonging to McVey Fisher and
wife. The option was for thirty days
: aud the price to be paid was $1,000 Nc
. Ginnis recorded the contract granting
this option with the county clerk and
recorder IF MssOula county on Deccm-
$ ber -, le)O and 30 far all was well.
But it vas not certain that the pro-
, posed new own would be located just on
the spot wl,sre the land had been pur-
chased and Il. awhile several other men
were at the same time industrlously try
| ing to acG IIre ground within the prOba
bic tow4Site limits. Notable among
these waG i. Is. Connor, one Of the de-
PENDANTS who was supposedly acting for
: the Agricultural Press association ans
! vino got some other ground as early as
, November % ls9O. 1t became evident,
, however. that Mctiinnis had found the
p lucky spot and that the town now known
j. as kalis ell would be established on the
- Fisher ground. How McC,innis acquired
( this knowledge is not explained, but the
L. fact that be was once. and perhaps still
: Is, in the employment of the Great
I Northern railroad as land agent and
/ transportation b ,omcr. may have some
: thing to do with it. Anyhow. the fact
= became known and the trouble began.
o Bookwaitcr had given Mctiinnis $1,000
: as starter and shortly afterwards sent
= him $500 more, making in all $1,000.
S McGinais rendered the Fishers this sum
|. in payment for the land January 4. 1891,
which was well within the thirty day
limit of the option. but something had
: happened in the meantime and for reas-
= ons not stated IN the complaint, the
= Fishers refused 10 accept the $1,000 or
: give ii deed. Mc(iirnis at once came IL
o Missoula and began suit against the
: Fishers for the fuliilment of the contract
= Then there was a brief period of seem
= ing inactiOn. but which must have been
- however, according to the complaint. Il
= rather busy time for the defendants, be
r. cause It alleges that during this interval
s the defendants had a meeting in st. Paul
I and organized the "kalispell Iownsitc
! company McGinui9 made at least one
r. trip to st. Paul and various other things
!, happened. Finally, on February l.
/, Fisher decided the ground to the kalis
\ prli i 'Nnsitc company, and on February
- II Nc nns, after dismissing the Fisher
suit, Jailed To BoOkwalter in Great Fails
It draft for 56l1j, the money being fur
nished him, 50 says the complaint, hy
the defendants. This was against Book
y walters instructions and without his
q consent. and he refused t. accept the
It draft and tclrgraphed 10 Missoula not tc
g dismiss the suit against Fisher. 1t was
=, too late, the suit had been dismissed,
> The ground in controversy and for the
= recovery of which iookwatcr now brings
) suit is the 81 ,sci rsW section and the
D nwl mel section Is, tip. 2S II. r. y ", and
; is no Y portion of the town of Kaiispril
Tho complain alleges conspiracy and
fraud on the part of the defendants anc
. asks that title he Gui"tcd, that suct pur
tions Of ground as have not been sold iol
IL tow lots he restored to the plaintiff an,
V that the defendants hc dCcrcrd iO have
a been trustees dc son tort and he held nc
couptable To him for al moneys lie
" rived from the sale Of lots or parcels n
70 .rourd within III" traat described. Nr
u Booi. Walters lawyers arc looIc y Wal
! lace of Helena. Mr.. BOokwalter cant
over here in all haste with the compliant
in order to have 1t flied before the gov
crnor signed the hilI creating ilathca,
:" county.
Ihuirric ia Nature.
) PAEls. Feb. "A Marsclllcs cores
-, pondeGt of La Lihortc says that within
>, the last four or five days fifty persons
have died in Marscilcs Of choleric dis
eases The sanitary commission IN thu
city has sent ID. 1hermOt, an authort!
lc on 'hoIera to Marselles to ascertain cN
=, acty the nttura Of the disease.
y III" Russian Treaty.
n WA-HIN,roN. Feb. 1.-Amerdmcnts /,
~ tho Russian treaty approved today make
a all attempts to assassnate the ear q
h.. ry,. al family an eytra1itahle Otipnsp re-