The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-16
SOME DECISIONS MADE
Judge Clancy Hands Down Long
Delayed Opinions.
THE LICENSE TEST CASE
The California Brewery Is Not a Theater.
Application for a Thornton
Thomas Company Receiver
Was Sustained.

Some long promised and long-delayed
decisions were made yesterday morning
by Judge Clancy of the district court.
Among the number was one of the
county license test cases against Lien
emann and Schmidt, in which the ques-
ton involved was whether the Califor-
MIA Brewery was variety theater with
in the meaning of the law. The county
treasurer maintained that as the brew
cry had a stage with an orchestra on
it and upon which speciality performers
gave exhibitions, the place was varl-
ETY. theater, ana should pay the license
imposed by law upon such places, ana
a suit was brought to test the matter.
Judge Clancy had the matter under
Amusement for several months, and
yesterday morning gave 1t as his opIn-
ION that the California brewery was not
"a theater. He said he had looked up all
the dictionaries and encyclopedias ana
their definitions of a theater did not lit
the California Brewery. He said these
definitions placed particular stress on
costumes worn by the actors and cur
tains used on the stage neither or
which requisites of a theater We're en-
ployed in the brewery. The judge also
referred 10 the expert testimony or Jonn
Mcguire who said a theater was pace
of acting in costumes. He put 1t down
about right" said the judge, and at
the brewery they had only music and
singing; therefore, 1t is not a theater.
The county attorney took an exception
to the courts ruling, and said it had
been the original intention 10 take the
case to the supreme court Tor maj set
tlement, but since the action was
brought the brewery people suspended
all entertainments at their place and
have announced their intention OF tax
ing out the stage, and it was therefore
not certain that any further action
would be taken.
The second application for the APP
pointment of a receiver for the Thorn
ton-Thomas Mercantile company, which
was made by j. ID. Thomas, one of the
stockholders of the company, and ar
gued some time ago, was yesterday sus-
tanned, and the court reappointed the
original receiver, II. II. Hubbard, and
fixed his bond at $4,000. The judge
said some attack had been made ON
Mr.. Hubbard, but he did not consider IL
sufficient to show that Mr.. Hubbard
was not competent.
In the old case of H. l.. Haupt against
the Independent Messenger company,
the court refused to grant the plain1iff
leave to file an amended complaint. In
che action of Haupt against the city of
/ Butte, growing out of the same conuro-
Versy, several matters which had been
argued and submitted to Judge Speer
during his term of office, but We're never
decided. were set for rehearing before
Judge Clancy on Jan. 20.
In the case of the First National bank
/ against the Twin City Butte Mining
/ company, leave was granted the PLAIN
! tiff to file an amended complaint. and
! demurrers were overruled in the cases
/ of p. A. Largely against p. w. Murray
! and Sarah c. Gassert and others
against T. O. Miles and others.
! In the case of Mary Schultz against
! the Independent Messenger company,
| Judge Clancy overruled motion 10
strike out certain portions of the COM
! plant. A motion To dismiss the appeal
in the case of w. c. Bryant against A.
]. Davis was also overrued.
The order to show cause in the mining
! Injunction case of Charles w. Lane
! dismissed. because the defendant has
voluntarily surrendered the premises
! involved in the case.
The question as to whether or not an
attorney in a suit is an Interested party
/ to the action, such as contemplated by
the law which makes it illegal for an
| Interested party TO serve the summons,
was brought up on a motion to quash
! the summons in the case of j. Disbrow
against Mrs. c. Williams, an action To
/ foreclose "a $3.50 lien. in which So0
| attorneys fee is asked. The judge said
il was very bad practice for an attorney
4 to serve his own summons, and he
hoped 1t would never happen again. but
/ he overruled the motion to quash the
/ summons because the attorney making
| the motion had waived all irregularities
! by appearing in the case generally in
| stead of specially.
A case of Joseph Cadieux against
| George S. Chapman, had been submit
ted to Judge Clancy on Il motion for a
new trial so long ago that he had for
gotten all about the case, and he set
| fpr a n ar