The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-15

supreme court afIirms the ruling OF
/ the lower court in an opinion by JUS
| tice Pigott, and after reviewing the
| law bearing upon the subject, says:
Books, maps, globes and charts are
| facilities to the imparting of knowl-
| edge; through them or by means Of
them information is conveyed to the
pupil. But the meaning Of the word
tfaciiities) is not limited to inanimate
bodies or things. Men are often facili-
ties. Without crew to manage his
vessel the master of a ship would not
have the necessary facilities. A school
with a complement of pupils in every
room, but lacking teachers would GER
tatnly not have the facilities TO carry
on educational work. The question so
frequently put as to whether the school
facilities Of certain city or town are
good, is an inquiry which at once sug
gests the teachers. their suffciency in
number and their ability to impart
knowledge. Parents often remove their
families to a place with good school or
educational facilities, the chief reason
actuating them being the quality of the
teachers and not the mere inanimate
advantages. Can il he fairly claimed
that district equipped with all neces-
sites and conyeniences in respect to
building and appliances and apparatus
for teaching. but lacking adequate
instructors. has sufficient school facili-
ties2 We are inclined the opinion that
the legislature intended TO include
teachers and their services within the
meaning OF the phrase additional
school facilities
Other opinions rendered by the court
We're: John +. Hogan VS. James Shields.
an action for breach of contract. In
June. 1895, defendant Shields advertised
for bids for the construction Of a brick
building In Anaconda Plaintiff Hogan
tina lowest bidder a
the contract provided he would furnish
satisfactory bond. The price to be
paid was $ll 400. The bond not having
been furnished upon repeated requests
on the part of Shields, the contract was
awarded to another bidder Hogan
brought suit for $4,000 damages. Upon
the hearing of the ease Judge Brantly
granted non-suit This action of the
court Is claimed by appellant to have
been error. Chief Justice Pemberton af-
firms the lower court, holding that no
contract existed until the bond for the
faithful performance Of the work 10 be
done had been furnished and that
therefore the granting of a non-suit
was justified.
Flora Meyers VS.. Mrs Gregans. an
appeal from the district court of Silver
Bow county in affirming the judgment
of Justices court. Judgment affirmed
Opinion per curiam.
Anna l.. Boyd VS.. Desrozer ct AL, an
appeal from the order of Judge Clancy
granting an injunction pending the de-
termination of a suit restraining de-
PENDANTS from working the Blue Guch
placer claim situated i'm Silver Bow
county. The granting or refusing Of
said injunction being largely in the iu-
dicial discretion Of the court in which
the application Is made. and the record
not disclosing any abuse of such discre-
ton, the lower court is affirmed. Opin-
ion by Justice Pigott.
Oscar Stenberg vs.. Louis Lienneman
and Charles Schmidt ct al, an appeal
from the ruling of Judge Lindsay of
Silver Bow county in deciding a suit to
enforce mechanics lien in favor of de-
PENDANTS Judgment affirmed. Opinion
by the chief justice.
Il. Il. Layton vs.. John Trapp, justice
of the peace, an appeal from the ruling
of Judge Lindsay annullng in a certi-
orari proceeding a judgment by default
entered by S. III. Almon, a Justice of the
peace, Dec. 7, 1896. Defendant Trap is
the successor of Almon. The judgment
was set aside for the reason that lay
ton was never legally served with sum
mons in the Justices court. ii having
been done by one specially appointed by
the justice and not a constable and the
person SO appointed having failed To
make sufficient proof of such service
Judgment affirmed. Opinion by the
chief justice.