The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-11
A VIOLATION OF THE LAW
Jurors Drawing Pay They Are
Not Entitled To.
THEY REPORT REGULARLY
The Codes Provide That No Pay Shall
Be Drawn When the Court Is
Not in session-Several
New SUITS Filed.

There was no court in Department
II. of the district court either yostcr-
day OF on Wednesday. but the mem
hers 81 the regular panel Of trial jury
reported each day under instructions
ct Judge clancy in order TO get in their
time. although none OF them except
those in the jury box on Tuesday when
court adjourned. viii he needed for
further services Gutlt after the Bap-
Iste murder trial. Which will last Tor a
Week on more, When court adjourned
on Tuesday the court excused the reg
uar jurors until Friday. but a com
nlttee Of them afterwards called on
tine judge and protested against losing
their per diem and he then told them
70 report every day during the adj
inurnment of court. Upon the subject
Of jurors fees there is IA Very pam
provision in section 1916 of the political
code, which reads as follows: "A juror
must be paid for each days attendance
for the term or session for which he was
summoned, until excused. He must not
receive any compensation for Sundays
or legal holidays, and It juror who re-
sides within 25 miles from the county
seat must not receive any compensa-
tion for any day when the court is not
actually in session, or II in session. is
engaged in he trial of Il ease in which
the juror is not impaneied. or is en-
gagged in other business and the juror
has been temporarily excused from at
tendance on court"
Emma kuhworth. Peter Ross. Joseph
Smith. w. A. Clark. John Noyes. John
o. Rourkp A. t. briggs Nj H. Brown
lee, J. II. King, J. H. Maloney. the
Montana Loan a. Realty company and
the Home Investment company yester-
day commenced an action in the dis
triet court against City Treasurer Me
Carthy II enioin him from enforcing
the collection OF city taxes on rs lots
Of block 80 of tlarlts addition to Butte.
! The complaint al~'ses that the plant
| ifs are the owners of the lots de-
scribed. which form part of The Bonan-
/ IN lode claim and are valuable only
/ for mining purposes and therefore as
4 sessahte only at the rate 81 81 nef acre.
! II III alleged that contrary IL LAW the
/ property. which Is only an acre aud 4
| half in extent, has been assessed at
| 81 0oa by the county assessor, upon
/ which 10 in taxes are Illegally lev
4 ied II is alleged that the ground Is
needed for the erection of hniSts CON
/ stluetion Of shaft houses and dumping
! grounds. and as mining ground should
! not be assessed for more than $40, upon
which the lax due would not amount
/ to more than - cents. which amount
| was rendered the city treasurer who
refused to accept il. 1t is claimed the
treasurer threatens to sell the prop
! orty and the court Is asked 10 grant a
perpetual injunction against him.
The suit of II. l.. Haupt against the
city Of Butte was Yesterday dismissed
/ as settled. each side agreeing to pay
its own costs. Malcolm Moffatt brought
suit against Louis Descheneau for Si10
| claimed to he due on lease on the
waters Of the Mountain View mine Tor
! precipitation PURPOSES suit for $500
/ claimed 10 be due on n note was
brought by 4. Rocheleau against Al
/ phonso BENJAMIN.
Judge Lindsay held a session Of court
Yesterday and tried several small JUS
lice of the peace appeal cases.