The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-24
BUTTE News.
IN THE DISTRICT COURT
Case of Arbitration Was
Brought Up.
LIBEL SUIT ANSWER FILED
It Is Denied That the Published Article
Was False and Defamatory or That
Rey Was Meant in the Descrp-
tion-Liquor License Case.

Probably the first case for arbitration
ever brought into the courts OF Silver
Bow county is that of the board of
trustees of school district No. | against
John w Shackleton. a stipulation con-
corning which was filed with the clerk
of the court yesterday. II is stipulated
that the matters in dispute between
the parties shall be submitted 10
board of arbitration consisting of IL.
NJ Patterson and j. II. Bartlette. to-
gether with a third person to be Sc
lected by them. The arbitrator are
TO appoint time and place for hear
ing evidence and shall make their
award in favor of the party which in
their Judgment is entitled thereto with
in 20 days. The matter submitted for
arbitration is whether Shackleton is re-
sponsible under his contract, for any
defects in the truss supporting the
roof of the new High school building or
for any defects in the roof itself IL he
is responsible, then what should be
the reasonable value of labor and ma
ferial necessarily used by the district
in remedying the defects, and floor
which Shackleton should be charged;
was he also responsible for any de-
fects in the cornice and gutter of the
building, and what is the reasonable
value Tor remedying them and how
much, III anything, S0outu the dISlIiIl
recover from Shacklelon.
The Inter Mountain Publishing COM
pany yesterday filed its answer to the
$4,000 libel suit brought by Butcher
Louis Rey, who had been accused by
some of the city authorities of selling
horse meat for prime beef. the facts OF
which allegations were published in
the Inter Mountain. The latter says
in it's answer that as to whether Key
had a reputation for honesty and fair
dealing ii has not sufficient knowledge
upon which to form a belief, and there
fore denies 1t. il is denied that the
published articles were false and de-
famatory or that by the words 'Ital-
ian butcher on East Park street the
paper meant TO describe Rey. Ii is al
legged that both articles published
about the horse meat were true and
were published in good faith, and the
publication was induced by informa
ton impaired to the defendant by the
police authorities and officers and en-
ployes of the health department of the
city, and without reference to any par
ticular person, except the person upon
whose premises the meat described
was found and from whom the meat
was purchased. II Is denied that Rey
was damaged in any sum by reason OF
the articles published
In the liquor license test ease of the
state against the Montana Liquor
company the defendant yesterday filed
an answer in court denying tnat ii owes
the county $3.50 as license. The com
pany alleges that il Is engaged in car
rying on a mercantile business and
that license has heretofore been paid
as required of merchants under section
1904 of the Political Code. and has Of
fered to pay il, but the treasurer re-
fused to accept IT. The defendant Ii
Jtah "a pf
der the provisions of section 4o63 OF
what is known as house bill No. 1862
and the defendant denies that there
Is any such law in force or that II APP
plies to the business conducted by the
defendant. 1t is alleged that that Law
is null and void, but that section 4064
is still in force and effect as the Law
governing the license tax required To ht
paid by the defendant.
The contempt proceedings against W
T.. Dair, the defendant in an injunction
suit growing out of the bill posters
fight We're dismissed by Judge Clanc,
yesterday by consent of the attorneys
and the hearing on the injunction itsel
went over until Saturday. Dair fileS
an answer in which he said he did no
mean to violate the order of the cour
restraining him from posting bills. H
said he acted simply as an employee o
the Grand Opera House company AM
under instructions from John Maguir
posted some bills for the next coming
show. and has done no posting since.
On the application of LaWye
Thresher Judge Clancy yesterday mad
an order that the clerk deliver the re
yolyer used by c. NJ. Oliver in tn
holdup business. as well as his ha
and a few other exhibits used at tn
trial. Oliver, who was taken to Bill
ings to answer a charge of jail-break
ing, has been released, and Is one
more at liberty, 1t was stated yeste,
day that the sheriff from Billings ha
a great deal of trouble with Oliver aft
the two left Butte. At South Butt
Oliver slipped one OF his handouts an
r r X "0