The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-07-11
SUPREME COURT IS BUSY
AN INCREASE IN APPEALS
Adjournment Soon TO Be Made Until Sep
TENDER Woolgrowers Convened
legislatures Cannot Regulate
Interstate Commerce.
Special Dispatch to the STANDARD.

VI
Helena, Mont. July i0-The supreme
court To-day returned Ave opinions and
psssed on eleven motions. The court is
preparing To take Its summer vacation
anu wiz set no more cases for hearing
uh'ii september. II viii probably ad-
Journ IN week or 10 DAYS. since Ian
=, the court has disposed o( le5 eases
- OF which were dismissed and in ,hs
remainder opinions were written. sine
.ne hist OF the year 1903 new appeals
nave peen hled. there being a gain of
uochet cases disposed OF q appeals
opinions were handed down IN m.
ionoWing actions. McNauehton com
pahy' corporation. W.. Thomas No
Gi Gr, In July. ls9.. the defendant. Nc
nh @ pursuant To an agreement. con
s'sheu MS wool clip To the McNnuxh-
'oh company. organized under the laws
y. New Jersey and doing business In
,nat state, and In New YORK. Massn-
chusetts and Montana. The McNaush-
.oh company advanced the conslrnor
Mcuiri, S.,0ig.20 on this shipment M
WOOL with the understa nding, as al.
'esea IN the complaint. that in case the
wool should sell for less than the sum
nuvahced plus all charges, commissions,
nv. .s,, cue, SAID sum should be SUBJ
complaint states that the wool WAS so,d
ana did not sell for sufficient sum 10
pay the plaintiff for It's advances to tbe
aeiendant and charges an aggregate To
oe paid Judgment was asked for the
amount claimed to be due as drawback
me district court VI Yellowstone conn
w where the case was tried. instruct
su ine Jury OF lts own motion to find
Tor the defendant by reason of pIalntiff
corporation not having complied with
the law compelling foreign corpora
,iohs To file certificate with the sec
retary OF state.
The question treated by the court. I'm
an opinion by Justice Hunt. In whether
W not. VI the plaintiffs facts alleged In
sne complaint are true and the defend
ant docs IN reality owe to plniptifY the
amount sued for as a drawback nlain-
,il 'ah recover on Its contract Justice
Hunt IN an exhaustive treatise ON what
constitutes Interstate commerce. with
numerous extracts from the United
states supreme court decisions and
opinions rendered on the subject by
other stare supreme courts In support
OF his decision. holds thar the statute
requiring foreign corporation like tbe
one IN The case at bar engaged in inv
ing wool. or other commodities i'm of,,.
stare ana selling II In another prece-
uent 10 doing busineys In the state. 10
comply with certain conditions Imposed
oy the state legislature. is unconstitu-
,ohai' inasmuch as II attempts to reg
'. u,at interstate commerce. n right ex-
ciusiveiy preserved to congress In the
constitution of the United states.
The First National bank OF Miles citv
VS.. william ~. Bullard. The question
involved and decided In an opinion by
Justice Buck was whether or not a ia ri
payment by one of the several ioint
makers of a note after II had become
due, the payment having been made
without the consent or ratification az
the Others. extends the time prescribed
oy the statute for an action thereon a !
10 All. II II held that by such partial
payment by one joint maker OF mote
nfter us maturity without such assent
or ratifcation Of other makers. binds
ohIy himself 50 far as an extension of
the statutory period OF Limitations ~
concerned. Evidence ON which The ver.
diet In favor OF plaintiff bank was rem.
dered Is also held insufficient, Judr-
nent IN reversed and the case remand.
eu win directions To the district cour,
10 grant new trial
Joseph Ramsdell vs. William A
Clark. from Silver Bow county. This
was an action by the plaintiff Ramsdell
AGAINST Clark for damages agrregatjnr
sf'.5t3 for three alleged breaches OF q
lease which stipulated that the defe nd
ant Ciark was 10 work the RnmsdeIl.
fatrot mine one year unless he pcso.
,iated sale OF the property within tha,
period. The Jury rendered "A general
verdict Tor the defendant. The plain
nntXa1 Ia s...s.
court granted this motion. and IN. de.
fendant appealed. The supreme court
by Justice Buck. holds that the distrlcl
courts order In granting the new trisl
as 10 All three causes Of action must "a
modified SO as Ia exclud. from the or.
der the FIRST and third and all OF IL "a
stand as to second only.
Theos Riste ct al. VS.. Robert 4.
Morton et al. This was an action instI.
tuted by T. Riste and L. Knaak against
the defendants 10 recover part pay
ment OF the purchase price Of a mining
claim situated In Park county. on the
ground that the defendants moved fol
non-sut on the grounds that pIain.
tiffs had failed to show that any dsfect
in the title existed. This motion wa.
granted. Chief Justice Pemberton. 10,
the court. atiirms the action of the dis
triet court and holds that there Is NJ
ms rit In the appeal
Elizabeth Dodge vs.. A. Birkcnfelt
This was an appeal by defendant Birk.
enfelt from the action of the district
court Of Lewis aud Clarke county In re,
fusing him a new trial and from tbs
Judgment. The district court. In ar
opinion per curiam. ~ affirmed
The following motions were disposed
or; state eX rel. John Eakins et al. vs.
Second Judicial District court: appllca-
ton for mandamus. Writ deni Il
Rumney Land & Cattle company rs
Detroit A Montana Cattle company. Z
petition for rehearing denied. Huni
Dissenting. Motion To dismiss appra
granted. Mcdonald VS.. Conrad Mo,
tion to dismiss appeal for want Of
bonds: granted. Helena Water com.
/ pany VS.. Steele ct al: petition for re-
| hearing denied state Of Montana VS.
/ furnhelm. uetition for rehcaring de
/ Med. Arnold vs.. PassaVant: petition
| Tor rehearing denied. Humber ". Car.
/ tier: motion 10 dismiss appeal denied
/ ANotte VS.. Thomas y. al; motion ~ dis
| miss appeal denied. William beck vs.
/ G., conroy ct al motion FOR leave /,
| fle new bond denied. Mary Edward.
| ~ Sutuldlne- uefiffan for rehearin :