The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-21
BRING A PREMIUM
Deitz, Denison q Pricr the Sue
cessful Bidders.
A CONTEST TO BE FILED
Williams and Holman. the Old Mem
bers viii Present q Petition to
Judge Brantly to Reverse
HE Decision.

Another step was taken yesterday in
the matter of providing Deer Lodge
with a court house. In its session yes
terday afternoon the board of county
commissioners opened the bids for
bonds and made the award to Deitz.
Denison & Prior of Cleveland and
Boston at a premium Of H.oSo.
There were five bids: Palmer & Co.
Of Helena offered par and would de-
liver in lots of $40. 900 as desired by the
board. The Union bank and Trust
company of Helena offered a premium
of $l07. w. j. Hayes & Son OF Cleve-
land offered a premium of 50, 100. but
the offer was Withdrawn as the terms
of the issue had been misunderstood.
S. A. Kean of Chicago bid 100.50 Palm
err of Helena and Russell of Denver.
OF the firm of Deitz, Denison & Prior. |
were the only representatives Of the
bidders in the city. One Eastern firm
Withdrew it's bid, giving as it's reason
the situation created by the war with
Spain.
The pond bids were practically the
first business to come before the COM
missioners and they were Thoroughly
discussed and carefully considered, the
result being the acceptance of the bid
of DeitZ, Denison q Prior at l0l.0S. The
necessary order was made and the
chairman of the board and the county
clerk were ordered to close the details
of the deal.
Some little time will yet elapse be-
fore Deer Lodge county gets the money
on the bonds. The legality of the issue
must first be examined by some i'm
partial expert and then the bonds
themselves must be prepared.
Mr.. Bell. of the firm of Bell & Kent
of Helena, the successful architects in
the court house competition, left yes
terday morning for Helena. Work will
' begin Immediately upon details and the
working plans will be prepared. 1t Is
, expected thai work on the court house
itself will be begun about May 20, and
rushed through so that the building
t can be covered in by winter.
There will be an effort made to
I, s%traighten out the county commission
$ ers' muddle. II. b. Hoffman of Deer
., Lodge and Justice of the Peace c. II.
Williams of this city will present Mon
n day to Judge Brantly a petition asking
him i'm view of the recent decision or
the supreme court to reverse his recent
opinion which would have the effect of
; ousting the present commissioners,
Geary and Rom.
Mr., Williams was somewhat loath to
reopen the litigation but considerable
: pressure was TO bear upon him
Yesterday and he finally consented to
nut his name TO the petltlOn. MI. ioi
man came down from Deer Lodge yes
n terday and started the ball a rolling.
He has been strongly urged to take
, this course as. should he be successful
in the proposed contest, ii would give
: the republicans representation on the
S board.
There appears to be a great differ
ence of opinion relative to the merits
g of the case. on one land 1t is urged
that the Deer Lodge case Is almost. II
not exactly, the same as tne faVaIii
case, and consequently the two MEM
bers of the old board are entitled to
20 their seats. Another point made is
that, should the present board retain
office. the contracts made In relation to
the construction of the court house
,r would be open to challenge on legal
a grounds which might throw the coun-
try into endless litigation. On the other
hand it is asserted that the two cases
have very little similarity and that
., there would be no opportunity Tor Vexa-
tious legal questions to arise provided
Dr the bidders are acquainted with the
l. facts in the case.
"A BY a careful reading Of the report of
the decision of the supreme court as II
he appeared in the Standard on Tuesday,
ne n would seem that the court draws a
,r distinction as to the commissioner
elected i'm 1894 in the which
Ut were created in 1898. and as to the COM
n missioners elected in the old counties In
rh existence at the auOptiOn VI II Noh-
90 stitution. If this is so. 1t only confirms
" the opinions of Attorney General NO
y, Ian. Mr.. Nolan, when the controversy
Ir. first arose. gave ii as his opinion thai
the commissioners elected in 1896 In the
:, counties which were created In 1898
ne were not entitled to take their seats
an hut that the commissioners elected II
NJ 1894 I'm those counties were emitted u
=. hold for four years.
I" About the same time Mr.. Nolan gave
RI IL as his opinion that the commissioner
hs elected i'm Deer Lodge county In 1894
held for the unexpired term only, tina
is, till November. 1897, that TN
lat commissioners elected in 1896 IN TN
est county were entitled to enter into ONCE
q, Whether this view is the n taken o:
the supreme court cannot be told unt'
err the full text of the decision Is a
Ia and. =,
ny In relation to the motion which WI
be made Monday in behalf or MessTs
vi Hoffman and Williams. II Is rep'fte
len that Judge Brantly remarked that "
or would be all the proceedings INA
:. would be necessary in order 10 rev
S state Mr.. Hoffman and Mr.. Williams
But on inquiry among some OF the iaw
the yers. IL is learned that this was on III
express assumption that the 1uugmer
was rendered at the present or Januar
-, term of the court. The Judgment wa
lu- given on Nov. rs, 1897, at the last teri
Use of court. The probabilities are that a
Nv appeal to the supreme court Is the ON
:, way To obtain a review OF the 1udt
ment. and IL is probable that an ear