The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-06

parties wore in court and that Mr.. Lip
pencott had agreed to tho set
ting. When the matter was called
for hearing Mr.. Lippincott was
absent, and Mr.. Caldwell said he did not
desire 10 submit the matter in the absence
of the attorney on the other side, where
upon the court sent the sheriff out to Sc
cure tho attendance of counsel, but he
failed, and then the court ordered the
matter to DO submitted. The original
papers were not in court, but IL was SUD-
united on copies had by Mr.. Caldwell.
The papers showed the facts as set out
by both sides, and that the doctor pos
sessed some property and was in posi-
ton to support his children. Ihe court
had the power to make the order, and
there was no question that II Is the duty
of "a father TO support his minor children.
''If that had not long since been deter
mined and established" said the court,
lit would DO determined now" The Judge
said that attorneys aud parties to action
were obliged to wait upon the court, and
the court was not obliged to wait on at
torneys as counsel for respondent seemed
to think, and when they are not. present
when their cases are called, they or their
clients must suffer the consequences.
John Il. Baldwin was associated with
MIR. Lippincott in the proceedings to-day,
and George Haldorn appeared in the case
with Mr.. Caldwell.
Mr.. Caldwell today also filed several af-
fidavits in answer to the affidavit made
by Schmalhausen to the elect that he al
ways supported his children, that his wife
was n spendthrift, etc. One OF the al
fidavits was by Mrs. Schmalhausen her
self and she said that for five years she
had the two minor children, Sadie and
Pearl, in her custody and had sent them
10 school and clothed them, while the
plaintiff did not in any manner contribute
anything to their support, except about
$50 during the past eight months. For III
years prior TO the time the pla iif Sc
cured a divorce, in April, 1892, sue sup
ported the family to a great extent by sew
ing and keeping boarders. She denies
that she is "a spendthrift and says she
never had an opportunity OF being one.
but on the contrary has always been very
glad and thankful to get the necessaries
of life. saying nothing whatever about
luXuries. She Is now physically unable to
work and IS absolutely without means of
support or to clothe and maintain the
children.
Annie Schmalhausen, aged %, and
Beatrice Schmalhausen, aged %, made
afIidavits in which they said that in the
two years since their father secured di-
vorce he had contributed nothing toward
the support of the two minor girls, but
that their mother paid all bills for their
care and education. They also state that
their father has no suitable homo to otfer
the children, as he lived in house con-
tanning only two rooms, which he uses as
an office, sleeping room, cooking and liv-
ing rooms, aud 1t would not be desirable
or pleasant for the girls to live with him.
Anna is n dressmaker and Beatrice n
stenographer and typewriter and what
they earn and contribute are the only
means for the support of the family. They
asked their father for assistance a num-
Der of times but he refused to give it.