The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-27
WATER In DISPUTE
A Case of Importance Originating at
Hunters Hot Springs.
MENDENHALL Is VlCTIMlZED
Regarding Ownership of a Certain
Spring v hich Previously Had
Been Conveyed to Another
Farty-Livingston News.

Special Correspondence of the Standard.
Livingston. April 25.-The health re
sort OF Hunters hot springs has beer
invested with a good deal of interest
Tor Livingston people for the past three
days, by reason of a case I'm the district
court involving the question whether
the famous resort of Eastern Montana
was entirely within the control of a
single company, in which are interested
Messrs. Gagnon and Mickey of Bill
iings, and James Murray of Butte, or
whether G. b. Mendenhall, the former
owner. stun retains possessory rights TO
any OF the waters of these springs
TWO years ago, when Mr.. MendenhaIl
made an $4,000 deal with Messrs. Gag
non and Mickey for the sale of this
health resort and the townsite of
Springdale, on the opposite side of the
Yellowstone, he reserved in the deed of
transfer certain sulphur spring which
Dr. A. j. Hunter, the original locator
or the springs, had in 1882 given a life
lease of to his daughter, now Mrs.
Frank Rich. The waters of this spring
We're conveyed through a covered drain
Tor a distance of rs feet from the foun-
tain head, and at the time of the above
sale were utilized in a bath house that
stood upon ground not included in the
transfer. though the channel, partly
covered and partly open, through
for almost its entire length upon the
land comprised in the sale.
Mr.. Mendenhall has since obtained
control OF this spring and erected ho-
tel upon the site of the bath house, and
consequently, the gentlemen who pur-
chased the resort from him do not en-
JOY the undivided patronage at the re-
sort which they had anticipated. They
alleged in their complaint that this
spring had been represented to them as
being dry, which they believed. on ac-
count or there being no visible flow of
water therefrom. owing to the subter-
ranean outlet. The defendants denied
that any misrepresentation had been
made, and in proof of their rights set
up the fact that an explicit reservation
OF the sulphur spring was made in the
deed of transfer.
After the evidence was all in a quar-
tet of able and distinguished ATTORNEYS
analysed the testimony and made clear
and comprehensive arguments touching
the question as viewed from their re-
spective standpoints. Hon. Z. N Har-
wood and A. ]. Campbell spoke for the
plaintiffs and Messrs. Savage and Day
for the defendants.
The jury found in favor of the de-
PENDANTS, standing nine to three upon
their verdict
The second board of appraisers ap-
pOiilSu u uelerHllne the loss sustained
by c. S. Hefferlin through the destruc-
ton of his opera house by fire have
completed their work Their appraise-
ment will probably be accepted, al
though Mr.. Hefferlin does not feel that
he has been favored any in the settle
ment. to say the least. Arthur Crox-
ford OF Salt Lake represented the COM
panies and George Hancock of Fargo
Mr. Hefferlin. The arbitrator selected
was w. A. OBrien of Butte.
son of Ham who arrived from Bill
lings yesterday in a "side-door Pull
man" was fined $50 for stealing two
rings from Mrs. II. L. Scare after that |
lady had generously given him break |
fast
Judge Rose imposed a fine of $3.50 to- |
day upon Roy Scott for riding off BIZ |
cycle belonging to Culley & Lewis with |
put first obtaining the consent of the
owners. In default of payment he |
went to Jail, and will have an oppor- |
unity to steal no more wheels for so
lays at least.
Frank Beley returned tonight from
/ business trip to Horn
l.. p. Richardson of the Montana Coal
Z Coke company was a passenger to
Livingston on to-night's Park train.
j. r. Strong and family recently ar
lived from Alabama and yesterday
vent up to Horn to take up their resi-
lence there.