The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-13
He MADE AN IMPRESSION
Gov. Smith Before the United
States Supreme Court.
CARTER MAKES A SPEECH
The Principal Speaker at the Elks' Mem
orial Exercises-The Order in the
Senate Helena's First Nat
ional Bank Affairs.


Washington, d. c., Dec. Ex-Governor
Robert Il. Smith of Montana made an
excellent impression before the supreme
court this week. He appeared for the
plaintiff in error in the case of William
A. Clark against William f. Fitzger-
aid, Meyer GenZberger, James w. For
bis and William Z. Forbis. James w.
Forbis, who is himself one of the de-
PENDANTS in error, appeared for them.
The hearing of the case occupied a day,
and it was very ably argued. The case
comes up from the supreme court Oh
Montana and involves the value of ore
taken from Mr.. Clarks mines along
the borders of the Black Rock lode and
Niagara lode mining claims Clark is
the owner of the Black lode claim. and.
with the defendants, is joint owner Oh
the Niagara. Fitzgerald and his as
sociates are two-thirds owners or the
Niagara, and this suit originated IN an
effort by them to recover the value OF
their share of certain ore extracted by
Clark along the division side line OF
the two claims. Mr.. Clark contended
that it all belonged to him because II
was taken from the Black Rock claim,
and the other parties demanded that
two-thirds of the value of the ore be-
longed to them because 1t came from
the Niagara claim. This interesting
boundary dispute resulted in the Mon
tana courts granting Judgment
against Mr.. Clark for $27,242.54 and
costs. The case reached the supreme
court of the United States on errors
claimed in the Montana supreme court
decision. The attorneys for Mr. Clark
contended that the Montana decision
was in conflict with she federal mining
laws. The opinion will probably be
rendered by the supreme court before
the first of the new year.
Senator Garter was one of the princi-
pal speakers at the annual memorial
service held this week by the Wash
ington lodge of ElkS in honor OF their
dead of the year Senator Carter was
the principal speaker of the occasion:
He said he was an Elk and was proud
of the order The Elks," continued
the senator. have always fostered the
great principle of religious liberty. In
order to be an Elk a man should be a
Christian. and after man becomes an
Elk he always becomes better Chris
tian than before.
He also spoke of the deeds of charity
that have characterized the order
through it's history. 1t is interesting
that the membership Of the order OF
Elks is very largely represented III the
United States senate. MasonS are also
frequent in this great body. And there
are plenty of Knights of Pythias. SEN
aIDf mamie anu SoIi5 iCSSiieiil iaoA
man. who belong to the latter order,
have both been invited to attend a
meeting of Superior lodge, Knights OF
Pythias, of this city, on the 3lst OF tins
month, when the rank of Knight VIII
be conferred in full and brilliant form
on Senator Hanna of OHIO, Senator
Burrows of Michigan and Senator
Shoup of Idaho. All these distinguish
ed gentlemen are above the Pythian
age limit, but the grand chancellor of
the domain has been pleased to grant
them dispensationS to receive the ranks
of the order. They will undoubtedly
prove friendly, prudent and brave de-
voices of the soldier of Syracuse.
Special Bank Examiner stephen B..
Flynn, who has been at Helena super
intending the transfer of the business
of the National bank of Helena from
ex- Receiver j. Sam Brown TO Eugene
J. Wilson, is in the city. He reports
the aftars Of The bank in reasonably
good shape. He will return from here
to st. Paul, where he is stationed.
Comptroller Eckels hopes to leave the
Montana banks in good condition Tor
! resumption of business on his retire
ment from office. That event will take
/ place about Christmas day. His an
/ nual report, submitted this week, con-
i tatns the report of the condition of the
+ Merchants National and Merchants and
/ Miners National of Helena. There Is
nothing new in these statements. On
the general subject OF recelVershlpS the
/ comptroller says:
There are AZ banks still in the hands
of receivers on the inactive list, the
affairs of which are practically wound
up. but the trusts cannot be finally
/ closed because of pending litigation or
/ the possession of valuable assets, the
! immediate disposition of which would
( kaTnys rsslf ad =
ne The expenses of a trust In this con-
dition are nominal and limited TO just
what is actually necessary Tor the pay
/ ment OF proper and careful attention
! to the matters not yet settled. III q
+ considerable period of time elapsss be-
! fore the litigation is finally settled OF
i the remaining assets sold without UNI
necessary sacrifice, a final dividend i
paid from the office of the comptroller
/ of the currency after the active super
vision of the trust by the receiver Is
terminated.
"A strenuous effort has been made
/ during the period embraced in this re-
port to formally close several receiver
| ships, the available assets of which
! have been already realized on, but I'M
determined legal controversies have
generally been the barrier preventing
the realization of the desires and eff
forts of the comptroller in this di-
the crisis. through which the country
has been passing for the last foul
/ years has continued. and when tn,
enormous shrinkage of values is con
sidered ii is a matter of agreeable sur
prise that many receivers OF natlona
banks have so managed their trust
that total of dividends has been paid
which. at the time of failure. seeme'
impossible.
The increase in rate per cent pail
to creditors of, apparently, many hope
. lessly insolyent institutions Is due Il
part to the great efficiency and econo
, my in conducting the liquidations. an
shows conclusivefs that governments
supervision is growing more and NOR
effective as new and improved meth
DDS are evolved from experience /
, managing the affairs of insolvent asso
Citations The criticism, which IL is I
f be said is not frequent. against IT
ceivers because they do not CONVEX
the assets into cash quicker than the
90 and thus pay dividends. is largel
because of a failure TO appreciate a
the difficulties surrounding the situa