The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-09
LAND AND ITS TAXES
An Important Suit to Come Up at the
Next Term of Court.
DANFORTH VS.. TREASURER
Judge Henry Goes to Carbon
County to Sit on the Bench
those Who aw Bigger
staff-Another Plunger.

Special Correspondence of the Standard
Livingston, April IAN important
case which will come up at the next
term of the district court in Park
county will be that of j. A. Danforth
against S. L. Holiday as treasurer of
Park county. The action is brought to
determine whether lands lying within
the grant of the Northern Pacific rail-
road, and purchased from the said rail-
road company by the plaintiff, are liza
bic for taxes. A test case will be made
of this, and it will be carried up to the
United States supreme court for final
adjudication. The decision will have a
Widespread effect, not only in Montana,
but In every state where lands within
the railroad grant are subject to min
eral classification.
In a case analogous to this in many
respects, brought by the railroad COM
pany to restrain the assessment and
collection of taxes upon unclassified
lands within the grant, undisposed of
by the company, an Idaho decision has
been handed down in favor of the rail-
road company. But an appeal is pend
ing and this case will also be decided
by the United States supreme court.
And even though 1T should be held by
the court of last resort that the rail-
road company Is not liable for taxation
upon its unclassified lands, yet this
does not necessarily exempt from taxes
unclassified lands which have passed
title from the company. When such
lands have passed title another phase
of the question is involved, and for this
reason the test case which will be be-
gun before Judge Henry does not hinge
upon the decision in the Idaho case
County Attorney Poorman is preparing
the answer, which will be quite volum-
nous and exhaustive and comprehen-
sive In dealing with the complex points
raised.
Judge Henry went to Red Lodge on
Monday to hold the spring term of the
district court for Carbon county. He
was accompanied by H. E. Jones' court
stenographer for this district The
April term for Park county will begin
next week and the session will prob
ably be a long one, as there will be
about 70 cases on the docket. three of
them criminal cases, to-wit: John
Burns for murder, Henry Koehler for
grand larceny, and the Skeebitz broth
ers for riot. Notwithstanding that
since the division of Park county both
Sweet Grass and Carbon counties come
In for four terms of court annually, the
amount of district court business trans
acted at Livingston has not decreased |
In the least, but rather is greater I'm |
volume than ever before. AS natural |
consequence the duties devolving upon |
the district clerk are more onerous |
than ever. Yet under the new salary |
law the compensation of the district |
clerk In counties of this class is re- |
duced from $4,000 to 81 200 District |
Clerk Bailey states that the receipts |
or his office are on the increase right |
along, although the fee rate is lower. |
II anything, than before. There is no |
charge now for taking out naturaliza-
ton papers, where formerly the appli-
cant had to put up 81 for his first pa
pers and SO for his second papers.
Sheriffs Berkey of Yellowstone coun-
ty, De Hart of Sweet Grass and Young
OF Park returned from Helena this
morning and the officers from the lower
country improved the opportunity TO
stop over i'm Livingston for to-day All
three were witnesses at the Biggerstaff
execution in Helena Monday and all
agree that the condemned man exhib-
TIED the usual amount of nerve during
the trying ordeal upon the scaffold
which has come to be considered in
these days as quite the proper display
or nonchalance upon the part of the
chief actor in the tragedy
Reports come from California that
0. p. Templeton has become quite as
notorious among the plungers at the
races in San Francisco as Pierra Wi
baux, the cattle king of Custer county.
Templeton Away was regarded as
good judge of horse flesh. but ii is not
that alone to which may be ascribed
his phenomenal success in picking out
the winners. He exercises the same d.
plomacy when dealing with the Jockeys
which he always exhibited when run
ming for office in Park county. His
hearty handshake, confidential manner
and jovial smile almost invariably /
work to charm in paving the way 10
One of his celebrated X ray inter-
views.