The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-05
j. S. COURT SESSION
It Was Brief Yesterday Owing to Dis
triCt Attorney LeSlie'S Absence,
CASE OF HUTCHINS VS.CORAM
ContInued Till Next T erm-United
States VS.. Marsh and Cannon,
and a Number of Other w at
tiers set for To-Day.

United States court, with Judge
Hiram Knowles presiding. convened in
Butte yesterday morning. but owing
to the absence of District Attorney
Leslie only a brief session was held
The decision and opinion of the United
States supreme court on the Northern
Pacific Ceceivership case, giving pri-
mary Jurisdiction to the circuit court
OF the eastern district of Wisconsin
was received. The opinion bears the
signatures of Justices Field. Harlan
and Brewer The opinion was accom-
panied by an order that all proceed
ings of the Montana circuit court be
ancillary in character and in add of
the proceedings in the court Of primary
administration. The opinion, which is
quite long, has been, in substance, pub
Used in the Standard. To it is append
ed a separate opinion by Justice Henry
Z. Brown. which says: In view of the
doubts suggested regarding the juris-
diction of the circuit court of the
JnIt,d states for the eastern district
of Wisconsin TO foreclose the mortgage
in this case, and of the further fact
that the business offices of this COM
pany have been and still are at St.
Paul. i think the circuit court of the
as lthe court of primary jurisdiction.
But. as the whole object of the hear
ing before the justices assigned 10 the
four circuits in which the property of
the road is located, is TO secure har-
mony of action, | have concluded to
waive my personal views in Difference
Ito the opinion Of my brethren. and to
accede to the recognition of the cir
cult court for the eastern district of
Wisconsin"
The old case of Hutchins against Co
ram, the trial Of which ended sudden
ly at the last term of court through
the misconduct Of the jury, was on
the calendar again. but the death of
the plaintiff was announced and the
case was continued until the next
term, by which time the administra-
tor will have been appointcd by the
state court. The suit was brought for
wages due and for a commission on
the sale of some mining property. At
the last term Of court the defendant,
j. a. Coram. tried hard 10 secure
continuance but the plaintiff said he
could not wait until the February term
of court, as his physicians advised him
to so to California and warned him
he could not survive another winter in
Montana. The case went TO trial and
resulted as stated and Mr. IIutchinS
went 10 Boulder Hot Springs to wait
for the next term of court with the re-
suit as predicted by his physicians, for
he died about two months ago.
The case of the United States against
George F. Marsh and Henry Cannon.
which is pending on a demurrer. was
continued for hearing until . o'clock
this afternoon. Marsh and Cannon
some years ago, obtained a patent to a
mining claim in the southeastern part
of town. near the Parrot, and the GOV
eminent alleged that IL was obtained
by fraud and the pending suit is
brought To set aside the patent.
Tho damage suit Of McAndreUs
against the oregon Short Line was
continued until this morning.
Tho demurrer I'm the case of T.. e.
ConCdon against the Massachusetts,
Loan & Trust company was set for
hearing this afternoon. Congdon has
default judgment Of about 81 900
agains. the Butte Street Railway COM
pany, and he is trying to have his
Judgment come I'm ahead Of the claim
Of tho Iondholdcrs.
The demurrer in the case OF William
Hardnan against the Montana Union
suit for damages for failure 10 de-
liver some goods shipped between
Butte and Anaconda. was overruled.
and The defendants granted 10 days 70
answer
The demurrers I'm the damage suits
OF Salesman and Fotherkyle AGAINST
the Montana Union were set for hcar-
ing next Monday ana the demurrer in
the damage ease Of Michael Pagan
against the Great Northern was set fo~
Friday.
The two cases of the First National
bank Of Dillon against W. a.. GaUi.rger
were set fo~ hearing and argument to-
morrow. The testimony in the case
has been taken by an examiner.
The case Of the United St1tas
against \. +. Bray was POSTPONED m
ut this morning II hes not vet baen
determined whether or not trial and
grand jurias Will he drawn. but tho
matter will be decided when Attorney
Leslie arrives
James Rodick, @. g. Rh11des and NJ
X. TorPey were appointed court bail