The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-09
OF MUCH INTEREST
A Case in Which the Ownership Of
Hot Spring Is in Dispute.
WILL STAY WITH GRANDMA
Judge Henry Decides Against the
Father Who Wants His Child
The Baby Prefers to Re-
main Where She Is.

Special Correspondence OF the Standard.
Livingston. Nov. Upon the appli-
cation of Messrs. Hickey and Gagnon
OF Billings, Judge Frank Henry OF this
city has caused an order to be issued
requiring c. Il. Mendenhall Of Hunters
Hot Springs to appear before his hon.
or In Livingston on Thursday and show
cause why an injunction should not be
Issue restraining him from trespass-
ing on certain land at Hunters Hot
Springs, and from using any Of the
waters OF the hot spring called the
Little sulphur This action grows out
of a dispute as 10 the ownership of
the springs in question. A year ago
Mr.. Mendenhall sold to Hickey a Gag
non the Hunters Hot Springs property
including the hotel. both houses and
the hot springs, together with the land
on which they were situated. for some
thing like $4,000. After the sale Mr..
Mendenhall bought the adjoining I'M
finished hotel and Is now running an
opposition caravanSary and sanitar-
ium, greatly TO the injury OF the bust
ness or the old hotel. He gets his water
from the Little sulphur spring. which
at the time OF the sale was represent
ed, and to all appearances an extinct
spring. and claims that 1t was not in
cluded In the deed of transfer. The
plaintiffs not only want a perpetual
injunction, but ask for damages in the
sum of $4,000 for the wrongful and
malicious use OF the waters OF the
said spring"
The case is an important one, involv-
ing as II does the ownership to the
only hot spring by which an opposition
business can be probably conducted
at the famous health resort.
The plaintiffs are represented by
Judge T.. N. Harwood OF Billings.
Campbell & stark OF this city are at
torneys for the defendant.
In the district court yesterday Judge
Frank Henry was called upon to de-
eide as to the right OF a father to have
the care and custody OF his own child,
when the child itself and its grand
mother. who had raised It, objected.
The case was had on the application
OF the father for a writ OF habeas cor
pus. The grandmother appeared in
court with the child and to Judge Hen
rvs mind showed sufficient cause why
the issuance OF the writ should be de-
MED.
The petitioner was Hugh Porter of
Chestnut; the child. his 12-year-old
daughter, Agnes Porter, and the de-
PENDANT. his mother-in-law. Mrs. ]. d.
Somerville OF Horr.
Hearing on the petition disclosed the
fact that Mr. Porters wife, the daugh-
ter or Mrs. Somerville, died at Timber
line 10 years ago. The child. Agnes,
was then but years old. The grand
mother wanted to take the baby and
care for ", although the father desired
to send u to some OF his own relatives
until such time as ne might be better
prepared to take care of the child him
self. The child's grandmother. how
ever. finally prevailed upon Mr.. Porter
TO leave the infant with her and she
has had the care and custody OF 81 ever
since
Three years ago Mr.. Porter married
again and last summer went 10 Horr
to get his daughter. The child's grand
mother refused to give up the girl The
father found that his own child had
been taught to forget him and that in
consequence OF the training his daugh-
ter had received she paid no more at
tention 20 him than she would have to
n perfect stranger.
IL was in evidence that the child had
been well treated and that its father
had failed TO provide for its support
The father said he was willing to
pay any reasonable amount for the
raising OF his baby. but the grand
mother didn't want IL that way. She
wanted the child very badly. so did the
father.
There was a pathetic scene in the
court room during the argument OF
the case. when the childs father broke
down and wept bitterly.
Judge Henry concluded that Il would
be TO the child's best interest to re-
main with its grandmother. but before
arriving at this decision the Judge had
a private chat with the little child and
ascertained the fact that IL didn't want
10 go with its father.