The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1894-11-23

to use in erecting a certain
school building which said district now
erecting, not to exceed the
OF twenty thousand dollars to be
furnished by said bank from time to
as shall be necessary and in &C
cordance with requests to be furnished
to said bank by the said board, said
board hereby agreeing to call for only
such sums and at only such times as
shall be deemed necessary for the proper
prosecution of the work OF erecting said
building.
Resolved. In consideration Of the pre-
misses and the foregoing, the trustees of
said school district hereby severally and
individually pledge themselves that in
the event the supreme court determines
that said bonds are invalid then they
will do everything in their power as such
trustees to have the bank wholly REIN.
bursed as to such sum or sums Of money
as said bank shall have advanced said
district under this agreement.
NORTHWESTERN NATIONAL BANK,
BY B. d. HATCHER,
Cashier.
G. W. PoMERoY, Chairman,
JNo. T. EARLL,
j. A. GoCKsTETTEk,
o. M. HOLMES,
G. A. POOLE,
A. j. EMMERToN,
Trustees.
The case was submitted to the gu
preme court on briefs by T. E. Brady
for the school board and M. NJ. Lyter
for Mr. Stanford.
ChDrn~ tovynnnI 80 khA 1ara n~l
argued fully the points raised by Mr..
Lyter in his brief. and this led The TRIB-
UNE into the error Of stating yesterday
that Mr.. Shores appeared for Mr.. Stan
ford. Mr.. Shores appeared for Susan E.
Chowen and entered the case on an aft
davit that set up the fact that the action
on the part of MI. Stanford and the
school board was collusive, or, in plain
English, that there was no desire on the
part of the complainant to win the Ease.
The objections to the bonds we're fairly
stated in Mr.. Lyter's brief and were
argued fully by Mr.. Shores, who also
submitted additional points.
To a TRIBUNE reporter Mr.. Lyter said
that as far as the bonds were concerned
he had always considered their validity
doubtful, and had 80 advised the bank
at the time of their conditional purchase
As to the money advanced by the bank
it could be recovered in two ways, but
he did not care to say what they we're
Speaking of the decision Of the court
Mr.. Shores said the oupreme court man
date knocks the foundation out from
under the whole bond transaction ano
all the proceedings had by the board il
connection with building the high schoo
are illegal and void.
The Mckay contract is void and with
out any binding force against the schoo
district, for the reason that the peopl'
have provided no funds for its erection
and the board had no authority to maxi
the contract.
The debt incurred by the school boart
to the Northwestern National bank i
also void against the school district TO
the reason that the school board has n
authority to borrow money to buil'
school houses and it cannot be collected
in any legal manner
The suit was brought by Mr.. Stanfor'
to restrain the school board from deliver
ing the bonds. from which it is inferre'
that no actusl delivery of these docu
ments has been made, and they are ye
in the custody and possession Of tn
school board. In any event, the bondt
under the decision Of the supreme court
are worthless as securities. Should tn
people vote a new issue Of bonds for tn
purpose of building a high school, tn
money 80 realized could not be legal
/ used for the payment Of a debt illegal
incurred by the school board.
Contractor Mckay, being Intervene
> by the reporter, said that he was goin
ahead with the work on the school an
should continue until he was ordered I
stop by the board. He had received hi
!, money for all the work and material i
I the building except about 5000, 80 thu
he could not be very seriously emba
raised by the decision Of the court !
any event, and he felt confident ths
everything would come out all right
. the end.