The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-08
IN THE DISTRICT COURT
An Action to Determine the Pow
ers of the Auditor.
QUESTION OF AUTHORITY
The Suit Was Brought About by the Mrs
Botsford Case-Orders OF the Conn
missioners Observation-Disclosures
to One for Frank.

Mandamus proceedings were com
menced In the district court yesterday
against County Auditor ohm L. Davies
by Attorney ]. VI. Hinkle in the name
OF the state for the purpose of deter
mining the general powers OF the aud
itor and settling the long-standing con-
troversy over a question Of authority
between himself and the county com
m~issioners. MIR. Hinkle recites In a long
petition that Mrs. Botsford. an old lady
and a county charge, has been made a
tenant of his for three years, and that
up to last March her rent orders were
regularly approved by the auditor, but
at the time mentioned he refused to APP
prove them any longer. The commits
sioners then Investigated the case OF the
old lady for themselves. and found that
she was a worthy object of charity, and
they issued orders for her rent, but
when they reached the auditor he re-
fused to act on them, and would not al
low or d1sallow them. Tn commission
ers requested him to pass on the orders
SO that Mr.. Hinkle could take an -
peal, but he declined to do so, and Mr..
Hinkle asks the court 10 compel the
auditor to perform his duty in that re-
gard. There are -four orders due,
amounting to only $40, but the action
is brought chiefly for the purpose of
determining whether or not the commits
sioners have any powers of their W
in such cases, and whether or not they
have any authority over the auditor.
The matter was submitted to Judge
Lindsay. and he will probably issue an
alternative writ to-day.
The long drawn-out mining lease case
of A. A. Mcmillan and others against
- lA2I ~ hAAA on RID
In Judge Lindsay's court since June "a
was concluded last evening, and the
Jury returned a verdict in favor of the
defendant. They were out less than
half an hour. and on being polled were
found to be II TO one for Frank, as FOL
lows: For the verdict-Thomas II
Bridgeman, John Haskins. william
Clark. 1. Mattingly. Benjamin CORN
James G.. Cooking. Charles Blackie, w
f. Sheffel. william Toy. j. F. Sullivan
William Caldwell. Against the yer.
dict-Henry Blewett.
C. r. Dutton yesterday commenced
suit against George \. Cobban, JOSEPH
livery and william A. Ellsworth, to en-
Join them from mining under severa
lots in block 2 of the Rice addition, AM
for an accounting of ore already taken
/, The complaint in the case alleges ina
button owns the lots in question 10
, gether with the mineral rights extend
ing under the lots, ally and to the cen
ter of Walker avenue, 1t is allege
, that about the LIST of May the defend
! ants entered upon the ground, and haV
since removed ore to the value OF apot
Z 81. 500. for which amount judgment
: asked. An injunction is also asked 10
and Judge Lindsay issued a temporar
= restraining order.
. An inventory OF the estate OF Williai
e N. Mitchell was filed in court yesterda
: nv Joseph Chynoweth. the ADMINISTERS
: tor. showing tha the estate consists
two certificates OF deposit,
, to 1865.
The Butte Hardware company con
Il menced suit against william Lorei
o and his wife, Josephine Lorenz. to r
e cover on two promissory notes, II
Al 314. and the other for 1915.
"a DIR. ]. o. Rowe Of New York Is plall
tiff I'm a suit brought in the dlstri
m court yesterday against John A. Legg
a for 81. 145 claimed to be due for medic
r services rendered I'm New YORK durli
1895 and 1896.
r A suit for s431 80 was commenced We
$ terday by the b. s. Flersheim Merca
Or tile company OF st. Louis against &C
srova q 60 of Butte. The amount
ID claimed to be due OF an account.