The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-31
FOOD FOR CONVICTS
Bids for Their Maintenance Received
by the Prison Commissioners
SUPREME COURT DECISIONS
Foreign Life Insurance Companies
Not compelled to ray a Filing Fee
for Articles of incorporation of
80 Cents Per $1,000 of Stock.

Special Dispatch to the Standard.
Helena, March 30.-Three bids for the
maintenance OF convicts have been re-
ceived by the state board of prison
commissioners which was TO have OPEN
ed them to-day. Owing to the absence
OF Attorney General Haskell, the third
member OF the board, IL was concluded
to defer all action until the full board
could be present. and adjournment was
taken until Wednesday. Bids were re-
ceived from the following: Conley &
McTague of Deer Lodge, present con-
tractors; Jonathan Blake OF Butte. and
Helena.
Governor Richards authorized to-day
a reward OF 500 for the arrest OF John
Wineland, who Is wanted at Kalispell
on the charge OF seduction. The COM
missioners of Flathead county have al
so offered 500 for his arrest wineland
made his escape from Kalispell several
weeks ago.
The supreme court decided to-day
that foreign life insurance companies
cannot be compelled to pay a filing fee
for articles of incorporat tion of so cents
per $1,000 of capital stock I'm order to
do business in the state. Six cases
were finally disposed OF. as follows:
State ex rel. Travellers Insurance
company VS.. Louis Rotwitt, secretary
of state. The secretary refused TO file
the company's charter and articles of
incorporation unless IL paid n fee OF so
cents per $1,000 of its capital stock. The
company applied for an alternative
writ of mandamus to compel the sec
retary to receive the certificates and
other papers for the old fee which, in
this case, would amount to IS. Under
the code law. as interpreted by the at
torney general, the company would be
compelled to pay $500 as a filing fee.
The supreme court holds that the sec
tion OF the law under which the secre-
tary acted refers to any corporation
completely organized only by virtue of
the Issuance OF the secretary's certifi-
cate, and not to corporations already
organized and only asking a legal right
to do business within the state. In con-
Guiding the opinion. the court says
1T would be a strained construction
of the statute to hold that this foreign
corporation, which only files a duly au-
thenticated copy Of its charter. is in
cluded within the phrase articles OF
Incorporation as used I'm section 4l0
subdivision 3; and TO require a foreign
corporation asking privilege of doing
business in the state. to go through the
forms prescribed for the formation of
new corporations, is against the letter
of the law and the spirit. too. we think.
The language of the various sections of
the code demonstrates that the legisla-
tive intent was not to impose severe
eXactions by way of fees upon solvent
foreign corporations wishing to do bus
mess within the state. but to restrain
the organization of corporations with /
in the state. perhaps worthless. In fact, I
but of apparent stupendous capital. I
Gathering this intent from the several
expressions by way of statute, the pc 4
titioner is entitled to the relief asked" |
State ex rel. Fidelity & Casualty COM
pany OF New York VS.. Louis Rotwitt. |
Practically the same points are |
brought up as in the foregoing, and |
same decision.
Olaf Nelson. respondent VS.. Big |
Blackfoot Milling company. appellant: |
from Missoula county. Judgment OF |
5000 against the company will be re-
duced TO 5000 and. as so modified. It will /
be affirmed.
State. respondent. VS.. Edward ].
O'Brien. appellant; from Cascade coun- |
~. Motion for rehearing is denied.
The county commissioners of Meagh-
er county. respondents. VS.. Ben ID.
Gardner ct al. The defendants are
sureties of Ben ID. Gardner. who, as as
SCISSOR, embezzled $1,000 of poor tax col
lected by him. Judgment was entered
against his bondsmen. and the supreme
court afirms IL opinion by Associate
Justice Dewitt.
Ellen l.. Kennedy, respondent, VS.. G.
w. Savage ct al, appellants; from Park
Mrs. Kennedy obtained judg-
ment against the defendants for $2.7O0
for rent OF the Albemarle hotel, Liv-
ingston, which she leased 20 Mr.. Saw
age in May. 1890. The supreme court
affirms the judgment and order deny
ing a new trial. Opinion by Chief JUS
tice Pemberton.