The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-05-11
Galla;in Coun'y Tsxpayers Get a
Restraining Order From the
Supreme Court
Tn Y Alloge That the Recent Bond
Issue Was Unauthor 2 ID
and Ia Illegal
The Argument Advanced by Those who
Favor the Issus-In the District
Court

OF six per cent bonds. does not meet wit
unanimous a. oval. The application
for a restraining orler 20 prsvent the com
missionefs OF that county from de ivsrin
the bonds shat were sold. The Wit AXE
for wss directed 90 ths commissioners III
clerk of the board aud tie treasurer OF III
county. lite application for the tsmporarl
restraining ords. was granted, aud IN,
motion to make the tempo airy order pc
mnnent will be hearl MAY 2L The ords
Was asked for BY C. W. Hoffman. V. r.
Chae, John 5. Mendenhall. Peter Koch. ID
Cameron. II. A. PeAss. W. W. Aldsison v
A. Cockril. f. l.. Benepe. Thos. Rssce +
Il. G5oea. j. T.. Martin. q. q. Johnson
D. n. Brown. Ii. II. Foster. ". A. 1udrr
John +. Work. hos. Lewis, j. ID. Mccain
man ana Bias story. Jr
The plaintihs who are fesiaents Of Gall
latin county. allegs that March b. ls9t
the board OF county commissione4s ire
tended. vEongfully and unlawfully. on the
faiih ofths county 20 borrow from the Com
-mercinl Exchange bnnk Of GallAtin for the
pretended use OF said county. $50 600. and
90 Issue the efore tie pretended war auts
Of the county; wish said warrants the said
bank pEstendel o. accept IN the amount Of
/ SO 900 on the fun! Is Of she county" The
plaintiffs then allege that at tbs timl OF
the pretended ISSUANCE % the pretended
warrants there was not snT sum OF money
dus tie bank. o 10 become doe. AMI that
the bank diI not then or ever pay. OF prom
iss 20 pay any sun OF money for or OF ac-
count OF said warrants. aud that no money
las been pa q on account II SAID warrants
, by tbs DaLk. he iantlfs IA thee a lego
that 10 was agreed between tue commits
sion-rs And the bank that tue war; uts
weru issued for and reps scented ouly so
OtO. provided by the bank 20 DO de osltsd
by the back 20 the credit OF the County. and
tue war ants were not 20 draw any rest.
aad shat the money represented by the
wa rants should not be drawn against b
the county Or raid oct by the bank exosut
that the com missioners should issue bonds
OF the county IN sufficient sun
10 realize from their sale enough TO
paF ths warrants ! be complaint a % al
leges that tbs question OF 10 rowing $50 600
Was never submitted to tbs voteTs OK the
county, and that the commissioners IA pre-
ttudiug 20 Dor ow $50 03O I ON tue bank
dill SO fof she pu poss Of oreAtiug a fcti-
tiuus in1ebteIue-s 6galnst tue county u Ou
which to base an issue Of bonds. The con-
plant alleges that Ma Gu IL. 1894. "a legal
outstanding warrants and orders OF GslIa-
tn county did NOS exceed $1,000 and that
me county has no legal outstanding bonds
that a EOW due Or soon TO b5eOme due.
The complaint then recIt that a, spite ths
fact OF tnla small Indebtedness tue county
commissioners decided March Is 1894 10
issue coupon bonds 10 III. amount OF S45
600 at six per cent; that these lonas were
duly advertised aud sold May !, 1SJt TO the
Farmers aud Mechanics Savings Dank OF
Minneapolis. aud that the comtnissoners
hHve unlHwfully Orle Cd the tOuds 60 DO
IRE, areJ. executed and ue.iv3.ed TO th
bank. Tue complaint then Tecites that the
proposed issue OF bonds Is without autho I
ity OF law; that II issced they would greatly
nc eAs8 the burden Of taxation. and tic
court Is asked 10 ehsf 1he alto nays
for she plaintiffs ate Cockr.ll az Pierce.
The BoZsman CarOni9e, which is on the .
side Of thOss who favor tie Issue Of tue
bonds. has this TO say on the subjsct:
The county commissioners at the Ma Oh .
term. ufter looking tue matter Of finances
squsTe IA the face. after discussing II up
one side nj Gown tn othsr. nLaIy, 10
give tue tbXplye needed relief and TO
, ovlde the rOat iuuu with money ueces-
snrY. d. eide I TO bond tie county for $t5-
coo. hey at once took the necessary legal
stepf; enI have sinos sid tie bond. Tor
the hIguest prIos ever psid 10 Montana.
For evs thousand dollars asssssment ths
int rest each taxpayer will have TO pay Is
iust g. cents.
''Our Undertaking at that tine and a.
tbs, OF this matter. Was Hul 10 taht the
move became necessary by the inaIequats
TAX ttiou Of last wear. by ths dem tnd 10
The opening of new 70 as ana the ueesssars
epans uluu o,i onssi 70 tighten ths bur-
iru OF taNatlol tina yea sud, above hud
beyond eli tut-, 20 stop 80 Hoalping OF road
= srrauts. which mas been ca ned On to an
extent that has M tde ,Ouutry Etspls clam
ltous for a change IA tue count5's hnaucIal
Methods.
line details OF the p &C ,silngs sur-
rounding the transactions with the Com.
me cal E1th ,ngs bsuk havs bean pub.
,lshe IA luu, aud appear mIuutrly la the
ecord book % the county. 1us commls-
sionsrs obtained from tie CONNIE oisI III.
change bank csrtlh d clecks 10 the amount
Of $4,000. he-e checks wore turned over
BY tus board 50 the coIuty clsIk. VINO en-
dorsei tLetn az payable 30 the or Ter u ths
county treasurer, sud gave them TO that
othcer d he dsposiie4 ~ him to ths credit
o. tus various fuId.. Tor Whish t4ev wrr.
Tor owed 10 clerk received a sepa ate
ihciai receipt for each check The teas
ufrr has since DEL osltsI these chez k 10 his
crt d. on With othe county iuudA aud
~ I'd itin2 ha has 20 his credit. sub
lect % checa us eatufer, about NfG- I
3D. u tore wing tie cum % sg0OJl.
u was stipulated by the pAltes 10 the
transact. on that thls money should 10 de-
5osiled lu Sue tomus o.Al Exchange bans
lnu USED. and that the bank ia return
'ttNfatA ataAH tAH NfNuNN luhtfeah thereon. ]
BE- amy balance thereof remaining 70 the
're-it Of sic treasurer &C tue rats Of seven
per cent Ter antum. That certain var
'nnts hre NOT % .ld. wuen Tire e d money "a
.he trensurg 10 IAy them, ia ttis Instance
% not The fault OF the c0mmissioners. IL
. theTr, and tue treasufer exercises his own
discretion about usiug - Il - possible
.lst te D. waiting tno outcome 81 tue IN
junction. y ucre iiu2, before doing 80.
] las ls. We believe. a fair statement %
Ihe bonding question. winch. du ing the
past week. las O. Gated NOR or lees Of q
urorr. AMI lie Z 90 hat passing and the em-
p rnsut % attorneys atau expense Of go
.o hght th- bonds.
Dn account ~ ths stirring events Of ths
laHt mont, Hui fos tie eHson that % posI-
ON g. the bonds did upt assume formula
bic shape until last Wssk = our only excuse
Tor MOI devotllg more SPACE 20 this i'm
ortant matter until now. he Chronicle
.as been harshIv criticised for the ositlon
"a Inns taken, and Il = uo primrose iou nes
20 c1ntiuus Ia TINS o1u a.. tut there is sat-
sf4cti0u IA knowing that behind Il aths
-rinci le Of justice. which must and wi
eVau Those NhO boYcutt Newspaper
because % differs With them are objects of
I'M NlNoS DIVORCE CAsE