The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-02
UNITED STATES COURT
Herschfeld and Bowman Pleaded
Not Guilty.
A CASE AGAINST EDWARDS
Must Show Why He Should Not Be Ad'
judged Guilty of Contempt-Krohne's
Damage Suit Comes Up Again
for Hearing.
Special Dispatch to the standard.

special DlSpdiC 10 lnt Slauudiu.
Helena, Aug. Judge Knowles open
ed court here to-day for a few days to
dispose of several matters that are pend
ing. L. H.. Herschfield and 7. p. Bow
man, ex-oficials of the Merchants Ma
tionaI bank OF this city. now unde in
dlctment, pleaded not guilty. Their at
torneys presented exceptions TO the pleas
In abatement recently ruled upon by
the court. The court ordered that the
master take testimony in the cases of
the United States VS.. Leo Harmon and
Aaron Herschfield, also under indict-
ment.
A petition was filed with the court for
an order to show cause why City Attor-
ney Horsky and Mayor Edwards should
not be adjudged guilty of contempt for
recently ''counseling and advising the
city council to disallow the monthly bill
Of the Helena Consolidated Water COM
pany at a time when the water COM
pany was applying for a mandamus TO
compel the city to pay the bill. The pc
tition will be heard tomorrow.
Nearly the whole day was given to
upon the exceptions to the
dAio III NiIf GioNNthii5S -
Gently to enforce the collection of the
Judgment in the case of Charles %.
Krohne VS.. the Northern Pacific rail-
road. The plaintiff was injured in the
company's yards at Livingston in jan
uary. 1894. About Is months ago he Sc
cured judgment for $4,000. This was
subsequently affirmed by the circuit
court of appeals. In the meantime the
Northern Pacific railroad vas reorgan-
lied as the Northern Pacific railway.
and he has been unable to collect his
Judgment. The present proceedings seek
TO nave the judgment declared a lien
upon the lands of the road and are
based upon two laws Of Montana, one
of which declares hat a lien for per-
sonal injury is prior TO "A mortgage, and
the other that no railroad corporation
can own more land han is actually
necessary to aid in Its construction or TO
be used in its operation.
Krohne's counsel claims none of the
land grant was necessary in the con-
struction OF the Northern Pacific rail-
way since IL was ~reorganized from the
Northern Pacific railroad. The case in n
measure attacks the reorganization OF
the road. and If Krohne gets away with
It other suits of a similar nature may
be begun TO enforce judgments. The
counsel for the railroad contend that
the road derived it's grant from con-
gress and vas built under a federal
charter, which Is supreme over any
state law The history OF the road down
to it's reorganization was reviewed to-
day and stacks of authorities quoted.
4. ]. Walsh and r.. X. Purcell appear
for Krohne, and G, w. Bum, chief
counsel for the Northern Pacific; VII
liam Wallace and r. II. Carter for the
road. The arguments We're not con-
Guided to-day.
Lawyers will be interested in know
ing that attached to the deficiency bill
of the late congress was a bill doing
away with the distinction heretofore
existing between the United States
court held here n at Butte, and thai
hereafter cases can be transferred from
here to Butte and vice versa. A copy
Of the bill was received here to-day. II
reads as follows: THAT thereafter am
until otherwise provided by laws, regu'
lar terms of the circuit and district
courts of the United States for the dis
trict of Montana shall be held al
Butte. Montana, on the first Tuesday
In February and on the first Tuesday
in Sentember in each year. ana
causes, civil and criminal, may bt
transferred by the court or the judge
thereof from Helena to Butte or froT
Butte to Helena in said district whcr
the convenience of parties or the ends
of Justice would be promoted by tn
transfer or any in~terlocutory order may
be made by the court or judge there
of in either place. That act entitled
An act 10 provide for holding terms 81
court at Butte approved July 10Th
1892. is hereby repealed"