The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-11
THEY FILED AN ANSWER
In the Case Of the Northwestern vs..
Treasurer Dickermin.
HOW THE BONDS WERE SOLD
It Is Cited That the Suit Was
Brought Unauthorized by the
Board Of Trustees-How
Paragraph Reads.

GREAT FALLS, April 10.-The case of
the state ex. rel. the Northwestern Ma
tional bank VS.. County Treasurer DECKER
man took a rather sensational turn to-
day, when A. ]. Shores, defendants at
torney, filed the answer. Tho defendant
admits that he is county treasurer, that
plaintiff is national banking incorpora-
ton. and that plaintiffs allegations as to
tho bond deal are correct. Tho answer
proceeds to state that tho warrant on
which the suit il brought was not author
lied by the board of trustees, and alleges
that the said warrant was signed and is
sued by the chairman of the board of
trustees and the clerk without any author
ity in law therefor.
The defendant alleges that the $4,000
bonds were sold to tho Northwestern Ma
tional bank. Aug. %, 1904, at private sale.
and that vico President Stanford and
Cashier Hatcher induced the trustees to
soil tho bonds 10 them at such private
sale, withous proper advertisement. in or
der that the Northwestern National might
secure the bonds at q low figure.
The defendant cites tho contract on
tered into between the bank and Trustees
Pomeroy, Earl, Gockstetter, Holmes,
Poole and Emerton, which was published
i'm the STANDARD at the time it was made,
wherein the bank agrees to advance not
exceeding $4,000, pending supreme.
court decision as to the validity of the
bonds, and wherein the above named
trustees agree to exert their efforts to pro-
tect the bank if the decision shall be adj
verse. The defendant alleges that the
trustees entered into said contract, not in
their official capacity, but as individuals,
and that said contract was not contract
of the board. nor did it bind or purport to
bind the board, and that Stanford and
Hatcher were so aware at all times.
The defendant cites the contract en-
tered into with Mckay Brothers for erect
ing the high school, which is alleged to
have been null and void and entered into
without authority of law, such building
having never been authorized by vote of
the people. and there being insufficient
money TO the credit of the district to pay
for such building.
Upon being served with a copy OF the
answer plaintiffs attorneys filed n mo-
ton to strike out ali of the answer except
the admission on the ground that it is ir-
relevant and sham. The motion will be
heard at 10 o'clock tomorrow morning.
A representative OF the STANDARD saw
the minutes of the meeting of Saturday,
April 6, this afternoon and the par igraph
relating to the SUIT mentioned above reads
thus:
"Mr. b. ID. Hatcher, cashier of Northwestern
National bank OF Great Falls handed in the bill
OF money advanced by said bank to the district
for the erection OF high school balldlng, to-
gether with interest ate per c. nt. and made
request that the board refund the same to the
bank, 81. $3.50. &c. The statement with receipts
and copy OF law, submitted by Cashier Hatcher
was examined by the board and interest figured;
IL al 1.xyT Goal
onded by Trustee Earl, that the statement OF
indebtedness submitted by Cashier Hatcher OF
the Northwestern National bank of this school
district to said bank be accepted and the
money refunded and that a warrant be drawn
on the building fund for the sum of sl5.S33. 90,
motion carried. Emmerton voting no."
At the meeting of the school board at 8
o'clock Monday morning at which Trustee
Hanks acted as clerk. Clerk Garfield being
absent. warrant was ordered drawn in
favor of Mckay Bros. for S2,50587 the
final estimate for labor and material for
the foundation of the High school build
ing. A warrant was also ordered drawn
in favor of William White, for plans and
supervision of the foundation, for S692. 25.
Clerk Garfield states that both of these
have been paid.
1t was also ordered at the Monday
mornlng meeting that the certlueQ check
given by Mckay Bros. for surety on the
foundation be returned.
In justice to Treasurer Dickerman it
should be stated that his bondsmen met
and instructed him not to pay the war;
rant i'm question. In refutation of COM
mon rumors the First National bank dis
claims any financial interest in the matter
otherwise than that of taxpayer.
&. L. Luckett, Ransom Cooper and w.
+. Brown. school trustees-elect, to-day
qualified for their positions.
At the school election at Choteau the
trustee were authorized to issue $1,000
bonds for the erection of a school house.
There was determined opposition to the
issue and the contest was close.
The hearing of habeas corpus proceed
ings in the case against Gus Lovenash has
been postponed until tomorrow at p. m.