The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1894-11-23
HERE'S A NICE KETTLE Of FISH
The Supreme Court Decides Against
the School Board in the Mat
ter of the Bonds.
The Work on the New High School
Building Will Come to a
Standstill.

special 10 Inc IriDune.
HELENA, Nov. 1.-THE supreme court
today handed down the opinion in the
case Of the State of Montana Ok rel
James Il. Stanford We. School District
No. l, Cascade county, al action to res
train the respondent from issuing bonds
Of said school district in the sun of $780,
900. Judgment of the lower court re-
versed and the case remanded for a new
trial. Opinion by Dewitt, associate just
ice; concurred in by Pemberton, chief
justice, and HARDWOOD, associate justice.
The case was submitted to the district
court here about the middle Of Septem-
Der and Judge Benton sustained the
school board. The case was at once
appealed to the supreme court, T. E.
Brady appearing for the school board
and A. j. Shores for Mr.. Stanford. The
case was submitted to the supreme
court a few days ago. The grounds on
which objection was made to the issue
c .onds, was as follows:
First. That the notice of the submits
sion of the question Of whether the board
| should be authorized to issue the bonds
was insufficient.
Second. That a new chairman and
secretary Of said district No. l have been
| elected since said question was submit
ted to q vote Of the people, and that the
coupons attached to said bonds have not
been signed by the new board, but were
| signed by the chairman and secretary
who were such officers at the time the
question was submitted to the vote of
the people.
Third. That such coupons we're not
signed by such chairman and secretary
but that copies of their respective sigma
lures were autographed thereon.
Fourth. That notice Of sale was only
given for ten days.
Fifth. That section 1850, compiled
statutes, provides that no Rdditiona
bonds shall be issued until the entire
outstanding bonds be paid; that a form.
or series Of bonds has been issued by the
district which are unpaid, and that the
said section 1850 is not repealed by thu
act of 1893, approved Feb. IA, 1893.
Sixth. That the statute provides tina
no bonds shall be sold below par; thai
the bonds are not to be delivered unit
the supreme court has passed on theil
VdlIulIy, duu Judt Iuo AutoiOst ou Wv
bonds from May l, 1893, may exceed thu
premium paid before the supreme cour
shall have passed upon such question.
1t will be observed that objection
related not only to the legality Of tn
bonds, but also to the legality Of tn
sale of the bonds, and it does not appea
from the dispatch received on which O
these grounds the decision of the lowe
court was reversed. The bonds wer
sold to the Northwestern National ban
on a contract which contained a claus
to the effect that the bonds we're pull
chased subject to a favorable decision b
the supreme court as to their validity
and If this was not given the schoe
trustees pledged themselves to do all !
! their power to return to the bank tn
sums of money advanced during tn
pendancy of the suit for the constructio
Of the high school building. The ban
: has already advanced over $4,000 in thi
| way.
3 just how they will get back the
! money does not yet appear. 1t may b
I however, that the supreme court decisio
refers to the sale of the bonds and doe
not impeach the validity Of the bono
Q themselves. and in that case the tang
9 may be straightend out more easily.
I In any event, however, it is pretty ev
dent that not much more work will
done on the school building at presen
and the board will be in more need
the services Of a lawyer than a buildir
inspector.