The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-09-23
A HABEAS CORPUS.
-
The Lawyers Arc Fighting for Divi-
sion of the School House
Verdict.
------ z
Some Renreeont Their Clients and
Others Are Representing
Themselves.
Auy Way the Thing Goes Thors Will not
lle Eaough Komains to Go
All Around.

Judge Hunt sat in Tho district court all
day yssterday listening to The arguments
of the lawyers. some OF whom rave claims
themselves, but most Of whom represent
Other people who have claims against the
kS2h. GOO or 10 wi ich the high school con-
tractors were given in their suit against the
trustees. Only one of the contractors. j.
S. Grant, was present. He was an inter
ested listener to tho proceedings. Il. 4.
MoIEtirc was there to Represent the Mon
tana National bank. which claims priority
for some $13, 900 under m assignment made
to them for money advanced, or to DO Ad-
vanced. the contractors for the carrying on
OF the work Of the building. With this
amount deducted. there would remain
about Sl2.O cO for tho other creditors, whose
claims aggregate about $25, 600. Naturally.
il was everybody else against the bank. and
everybody else wanted the bank made q
general creditor, 80 that all would stand on
equal footing when it came to dividing the
money proportionately. William Wallace,
Jr., who conducted the fight Tor the con-
tractors In the suit against the trustees.
and who gained the verdict. was there to
represent his claim for services. John &.
Miller and Francis Atkinson. who had
been the legal advisers OF the con-
I actors, and who were also en-
ployed in the suit against tho trustees,
were present to look out for their interests.
The other claimants were represented IA
follows: the American National bank. the
Montana Lumber company. and j. X. Mil
Ter, by ]. A. Walsh; tho Helena Lumber
company L. p. Fuller. John Mitchell and
Fred Gilbert. by A. J. Craven; Nick Kessler
BY F. p. Sterling; ]. L. La D!iero by Mas
sena Bullard; j. F. Rafterv by Henry N.
Blake, and tho school district by County
Attorney Nolan.
The main contention OF the lawyers rep
resenting other claimants than the Mon
tana National was that the bank was
estopped from coming in as o preferred
creditor under the asaianmsnt OF moneys
due or to become due. The bank. it was
held, had been made party to the original
aotion-the suit against the trustees-and
had defaulted in its appearance BY not
answering tho This. IL was
claimed, prevented the bank setting up a
preferred claim. and left ii in the position
OF q general creditor. The position of the
bank in the matter was that service IN the
original suit had not been made on q proper
officer Of the institution. II had boon
made on the assistant cashier. who: the
bank people held, wes not q proper officer
in the meaning and intent of tho law. The
property OF the bank. II was ~contonded,
could not b. jeopardized by fail
ing no respond to o moi
properly made. In opposition to this con-
tention Of the bank the statute was quoted
in which 1t was provided that summons
could be served on the president, cashier,
''or other officer" of a corporation.
LAWYERS McIntite, Wallace and Craven
did most OF the arguing. Lawyer Miller
presented his own case briefly. County
Attorney Nolan, representing tho trustees
of tho school district. who had paid the
amount of tho verdict into court, seemed
TO enjoy the struggle of the other lawyers
over the question of division.