Great Falls weekly tribune., 1896-12-25
willing" said Mr.. Cooper emphatically
and then the matter rested.

In the district court Monday morn
ing, Judge Benton handed down a de-
cree and findings in the suit OF the State
Of Montana, OK rel. the Great Falls
Water Works, vs. the Mayor and Coun-
Gil of the City of Great Falls and the
City of Great Falls.
He finds that every allegation of the
| complaint is true; that none of the new
matter in the answer is true; and orders
the city council to audit and allow, at it's
next meeting, relator's claim for SS,655,
due relator for hydrant rental for the
six months ending Nov. /, 1896; and Or
ders the mayor to forthwith issue war
rant for the amount Of the claim allowed
by the council, said warrant to be drawn
upon the water fund Of the city.
The court further orders that when
! the city council makes the tax levy for
the fiscal year beginning May /, 1897
(Which levy is to be made next August
il shall make Il levy for the water fund
that will produce sufficient revenue 10
pay the total amount which shall then
be due relator.
The suit which is thus decided was n-
| Htituted upon the city councils refusal
to audit or allow REALTORS claim for by
drant rental AT that time the council
claimed thai there was not in the city
water fund sum sufficient to pay the
annual rental, which would amount 10
3l1,3l0, and consequently ordered that
the sum ia euch fund be divided into
two equal part4, half TO be paid on the
company's claim for the elx montha end
ing Nov. 80, 1895, aud the remainder TO
be palG for the remainder of the fiscal
year; with the proviso that the Company
should accept such sums as payment in
full
The company, il the complaint, SGT
forth that 1t had in good faith complied
with the contract between it and the
city and demanded the fpl! amount Of
its claim,
Ia answer the defendants attacked the
validity Of REALTORS franchise and con
tract, claiming that they We're unrea
sonable and were obtaiLod by collusjop
between the predecessors Of relator aud
oiticiale of the city. In this connection
defendants attorneys saw fit to make
upon Paris Gibson, who was mayor at
the time of the granting of the fran
chise, a severe attack alleging that
Mr.. Gibson was an owner of stock in
the company a1 the time ot the adoption
Of the franchise and contract Upon
this point Judge Benton finds that at
the time of the passage Of the ordinance
which granted frapchIso to re-
istors predecessors 10 agreement had
been entered into between Paris Gibson,
then mayor, and any other person that
Gibson should have any Interest in said
franchise or benefits derived thereiron;
nor was any franchise o. contract ap-
proved by said Gibson in pursuance Of
any such agreement, nor did Gi son in
lluence the passage Of said franchise in
pursuance Of any agreement; nor did
GlbsOn over acquire any stock in re-
lators predecessor except by subscribing
thereto.
The court further finds "that none of
the hJdrapt rentals or other obligations
Of sal. c',y which arc sought to be pro.
tected, provided for or enforced by these
proceedings constitute or will become
part Of any indebtedness of said city IN
excess Of the limit pres ccibed b. law"
The a't-rn ya for plaintiff and relator
are W. w Pheipa and PiEott & Neazey
Of Great Fails and John b. Ciayberg and
B. Platt Carpenter Of Helena, while de-
fondants wero represented by Sam
@tepheuson, city attorney, and A. J.
Shores Of Great Falls and Cullen, G'oole
4 Day of Helena.
\ low minutes before court adjourned
Ior the cay, defendants filed notice Of
appeal to the supreme court, which Gcts
as d stgy Of al proceedings. The tran
script is glmoet complete and the su-
prome court will probably hear the case
within 80 days.
When court convened al 10 o'clock
Monday mo- ming, j. T.. Illusions COZ
tost Of the election Of l., NJ. Mcdonnell
IN, kp f,la F.