The Anaconda standard., 1898-03-15
AGAINST THE TRUSTEES
Arbitrators Filed Their Report in
the School Controversy.
FAVORS THE CONTRACTORS
An Important Question Argued in Judge
Lindsay's Court-The Jury Re-
turns Verdict in Favor
of Herbert

The arbitrators in the controversy be-
tween the school trustees of district No.
/ and j. w. Shackleton, contractor of
the new High school building, filed
their report in court yesterday, finding
against the trustees on every point and
in favor of the contractor taxing the
costs. amounting to S3i1.S5. up to the
district The arbitrators Were Fl. M.
Patterson, j. II. Bartlett and Floyd
Closer. Patterson represented the
trustees and Bartlett the contractor.
They could not agree. so they called in
Closer and he sided with Bartlett, and
the two made the findings that Shackle-
ton, under his contract with the for
mer board of trustees. was not respon-
sible for the defects in the roof or roof
trusses of the building, nor was he re-
sponsible for the defects In the cornices
and cutters and that the district could
not recover from the contractor the
amount needed for repairing the defects
and preventing the roof from falling in.
The arbitrators figured up their claims
against the district as follows; Bart
lett nine days and mileage, S11S.10, Pat
terson. nine days. s1f2.5o; Closer, six
and one-half days, sS1.25
In Judge Lindsay's court yesterday an
important question was argued in the
presentation of the demurrer in the case
of the Butte Hardware company against
II. l.. Frank ct al. by Attorney A. j.
Campbell. The complaint recites that in
September, 1890. a Judgment was OBJ
tanned against Fred Ritchie and inter-
ests in the John the Baptist lode and
other mining property sold by the sher-
If under an execution issued in 1888.
The hardware company bought the
property at sheriff's sale. Several
IaF 1.ns Ia of 1af AaTfN ~
the sheriff Ritchie had sold his interest
to Frank, and the plaintiff now seeks
to have it's title quieted and the defend
ant declared it's trustee.
At the time the Butte Hardware COM
pany secured the judgment against
Ritchie the mining claims were unpat-
ented and about two years after the
transfer to Frank Mr.. Frank obtained
patent from the United States and IL
was not until after Frank had secured
the patent that the property was bought
in by the Butte Hardware company as
Ritchie's property. The demurrer sets
up that the complaint does not state
facts sufficient to constitute cause OF
action and 1t was argued that IL the
plaintiff ever had a lien on the premises
it was destroyed by the conveyance to
Frank and the issue of the patent to
him, and that the lien of a judgment
cannot attach to unpatented mining
claims, as the rights of the locator are
possessory only. Judge Lindsay took
the matter under adyisement.
The trial of the suit of John Caplice
& Co. against ey-Constable Herbert was
concluded yesterday morning in Judge
Lndsay's court. f. b. Thomes, the spe-
cial constable to whom Herbert testified
he had paid the money collected on the
execution, said he had never received
a al
that Herbert paid him some money on
the corner of Main and Broadway,
though he could not say on account
of this case or not. Attorney Grice, in
his argument to the jury. claimed that
the record in the ease of Caplice against
Hammer had been falsfied and at
tackled ex-Justice Holland vigorously.
The jury after being out a short time.
returned a verdict for the defendant,
Herbert, for costs.
Sarah Bush yesterday commenced
suit for divorce against Alvin Bush, to
whom she was married at Wyandotte.
Ohio, on Aug. %, 1879, She alleges in
her complaint that the defendant has
been an habitual drunkard for two
years and during that time he has con-
trlbuted nothing to the support Of his
wife and three children. The defendant
is still resident Of Wyandotte,
: Judge Lindsay yesterday appointed
James McGovern guardian Of the per-
son and estate of James Larlin, insane.
The application Of win /. Clark for APP
pointment was withdrawn.
l.. l.. Pagett, who some time ago OBJ
tanned a judgment against James Gal
loway, petitioned the court for an order
citing Galloway into court to account
concerning his property. An execution
-. n -
fled by the sheriff. Judge Lindsay set
the matter for hearing al 3 p. m. but
before that hour was reached the judg-
ment was paid
The application of James q Hill that
the court set aside its order allowing
Charlotte Cassidy to amend her answer
after a motion for judgment on the
pleadings had been sustained. was ar
gued and by the court oyerraled. The
court said, In passing on the matter.
that under the rule of pleading the de-
fendant was entitled to present her de-
fense If she had one, and the court
would not prevent her from so doing.
The case of Edmund A. Bidweil
against j. Fl. Bartlett was dismissed
without prejudice. on motion of plaintiff.
The motion 10 retax costs in The case
of NJ p. Trndgeon against Mary Jen-
kins was argued and oYerrued.
Hugh Kennedy, native of Ireland,
was admitted to citizenship by Judge
Lindsay yesterday. Mike Sullivan, an
other candidate. swore that he was over
IS years Of age when he emigrated to
the United States. and as he made no
declaration OF his intention to become a
citizen, the court declined to admit him.
as he had not resided in the United
States three years preceding his arrival
at the age Of maturity.
G. c. Whiting brought suit against
James A. Graham and :. ]. Reynolds
for s30e50, claimed 10 be due him in
wages as engineer at the Rose mine
while II was operated by the defend
ants under lease.
A suit for s430.50 was brought by the
Butte Hardware company against II, II.
Becker.
Judge Lindsay yesterday made an
order allowing Mrs. Lulu F. Largey a
family allowance of s5e0 month out