The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-24
II FAVOR Of Mr.. HNOS
His Demurrer to the Complaint
Was Sustained.
IN THE POLL TAX CASE
Judge Lindsay Holds That the Clerk
and Recorder IL Not Entitled 10
Fees for Making Transcripts.
Other Decisions Rendered.

made several important decisions,
probably the n Of greatest conse-
Quence being that in the ease of the
city Of Butte against r. r. Kinds. the
county treasurer, an action to compel
the treasurer to pay over about $4,000
In poll tax collected from residents
within the city limits. in which Mr..
Kinds claims that the tax was illegally
collected and that the city was not
entitled to II. He demurred to the
city's complaint on several grounds and
the matter was argued several weeks
ago by G. p. Connolly for the treasurer
and Judge De Wolfe for the city. The
court sustained the demurrer, and in
passing on 1t. said:
The complaint in this action should
aIlege what sum OF money was col
lected as road poll tax from Inhabitants
OF the city of Butte by the county as
SCISSOR OF the county of Silver Bow, and
that the same was collected for the
benefit of the city. The pleader should
not altogether rely upon a settlement
and agreement alleged to have been
made by the finance committee of the
city council with the board of county
commissioners. The complaint also
ought to show, IL il be q fact, that the
city Of Butte did not collect the revenue
In question from inhabitants of the
city, under it's authority to do So"
The city was granted 10 days to
amend it's complaint. but it is claimed
on the other side that 1t cannot be
shown that the tax was collected for
the city. II the latter IL not entitled
to the money, the question will be who
is entitled to it. The treasurer claims
from whom 1t was collected, which
could be done in probably a very few
cases.
The other case in Importance decided
by Judge Lindsay was that of the
county against John Weston, the clerk
and recorder, in which he holds that
the latter Is not entitled to any fees
collected by him for making transcripts
of his records, and that he must pay
over to the county all such fees coll
lected by him. The matter had been
submitted to the court or ar agreed
statement of facts in order to nave the
question involved finally determined.
AS a conclusion of law" sale the
court in deciding the case, based upon
the facts set forth in the agreed state
ment upon which this controversy was
submitted. the court holds that the
county of Silver Bow Is entitled to re-
cover from John Weston the amount in
dispute. as shown by the agreed state
ment of facts herein, to-wit, the sum
of $52.15. and Judgment is ordered ac-
cprdingly."
The amount involved in the suit is
only a mall portion of the sun actu-
ally i'm dispute. Mr.. Weston and his
clerks made copies n transcripts of
records the same as any private indi-
vidual, who a access to the records.
might do, and claimed to be entitled
to the fees. but paid over to the county
the regular fee charged for certifying
to the transcripts as county clerk. The
law on the question is claimed to be
that all fees. of whatever character,
collected by the clerk, must be paid to
the county.
The motion for judgment on the
pleadings in the case Of S. c. f. Cob
ban against H. L. Frank, was over
ruled by Judge Lindsay. This was an
action whereby the plaintiff, by reason
of the default of the defendant in the
payment of a promissory note for $1,000,
secured by mortgage, elected to de-
clare the whole of the principal sum Of
$4,000. secured by mortgage. immedi-
ately due and payable. Mr.. Frank by
his answer. alleged that the notes Sc
cured by the mortgage were payable at
the First National bank Of Butte and
were held by that institution for col
lection and that at the time OF the de-
post il was understood and agreed be-
tween himself and Mr.. Cobban that
the bank should notify Frank as each
note matured and that payment should
not be required until presentation and
demand had been made in accordance
with the agreement.
In the suit of the Pioneer Fuel COM
pany VS.. James H.. Lynch ct al, the
plaintiffs motion to ,retax costs was,
in part. sustained: the sum Of SO. 70. be-
ing the costs of the trial in Justices
court. was ordered taxed against the
defendants.
The final accounts Of the administra-
tors of the estates of jeremiah d. Har-
rington. James shea and James r. Len
non were approved inc DEGREES order
ing distribution signed.
The first annual account OF the exc
cutor in the matter of the estate of
James M. Reilly was allowed and APP
proved.
The second annual account of the ad-
ministrator of the estate of Otis A.
Flanders was disallowed. the account
not being accompanied with vouchers
for items of expenditure exceeding $50.
The court also declined to allow q COM
mission for the collection OF rents. The
administrator was directed to file a
new account within 10 days.
The bearing of the petition for the
probate of the will OF Thea Jane a
was again continued until the first Sat
urday in June, as II was stated that
the prepayment was about to e East to
rrange certain disputes that might
arise over the probate of the will.
Letters of administration pm the es-
states of Joseph Ramsdell and Clarissa
Ramsdell were yesterday issued to Mrs.
James A. Talbot.
Mrs. John Sheehan. widow Of one of
the Hale house fire victims, was grant
ed letters of guardianship over the
persons and estates of her three chill
dren. who are beneficiaries named in a
5000 life insurance.
Judge Clancy has a rule i'm mis- court
just the reverse OF one observed in the
other department in disposing of Satur-
day business. He holds mat the mat
ters on the regular calendar being the
most important should be disposed of
first. and that attorneys with unim-
portant ex parte matters SHOULD wait