The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-23
BEFORE JUDGE LINDSAY
Receiver Sterling Allowed to Ex-
pend $4,000
FOR REPAIRS AT THE DAM
Receivers Certificates vii Be First Lien
on the Property-A Complete Re-
port on b Vast Property.
Condition of h Dam.

Judge Lindsay yesterday made IN or
der authorizing Fred T. Sterling. re-
ceiver OF the Montana Power company.
to expend se7 900 for repairs and to pro-
tect the property OF the company on
the Big Hole river and TO issue receiv-
er's certificates for the amount. the
certificates to draw interest at a rate
not to exceed 10 per cent. All the cred
itors and lien holders against the COM
pany were represented in court by At
torneys Forbis a Evans. John w. Cot
ter. ]. A. Macdonald. John Il. Well
come and +. r. Corbett, and consented
to the order being made and that the
receivers certificates should be a first
lien on the property. The receiver was
represented by Attorney Clinton. The
receivers bond was increased to $50. 0oo.
Mr.. Sterling presented a full and COM
plete report of the vast property inter-
ests of the Montana Power company
and their present condition. The re-
port says the property which he had
taken possession Of consists of a large
quantity of lumber. structural iron.
machinery, wire, cement and building
material. Of the approximate value OF
$50. 900. which is exposed to the ele-
ments and Is rapidly deteriorating In
value. The property is at the dam OF
the company and needs prompt and
proper are or a large portion of IL
would be an entire loss. Any sudden
freshet or influx of water into the dam.
says the receiver, would cause great
alarm and anxiety among the farmers
and persons residing below the dam.
The oregon Short Line also has its
tracks exposed for some distance. and
in the event of the dam breaking, the
sudden flooding of the valley would
cause great damage to property and
endanger life and thereby subject the
property inc the company to great loss
and to probable damage suits n It'll
cation, thereby mourning great add
tional expense n liability and loss.
Threats have been made to blow up
the property II II is allowed to remain
in its present dangerous condition. Tne
Gilleste-Herzog company has a con-
tract to put up and complete the iron
and frame work of the building. and
their lien overs the full amount of the
contract price. and so far as the re-
ceiver can ascertain. the structural iron
has only been delivered on the premises
under the contract. The proper expen-
diture OF money In the repair, protec-
ton and Improvement OF the property
in the sum of s67, 900, as shown by the
engineers estimates. will preserve and
protect a cash investment of $340. 900
and a credit investment of $l30,OOO,
which Is In the form of an indebted
ness against the power company. MAX
Ing a total present investment of s4IO.-
900. which. IL left in its present condi-
ton. will prove almost entirely value
less and worthless to the owners. pro-
moters and creditors of the enterprise.
The receiver recommended that all i'm
provements mad shall be of a perma-
nent character and that no expense
should be incurred for work Of a tenn
porary nature.
Attached to the receivers report Is a
report from Harper q Macdonald, en-
gineers, explaining the condition OF the
dam and property on the Big Hole and
the dam on the Wise river. The en-
gineers said the high water of last
spring which damaged the Big Hole
dam was only so per cent. as high as
the water Of former years. so that
should extreme high water come next
spring, life and property would be en-
dangered and II allowed to remain in
it's present condition the people living
below the dam o be justified In
taking some action to remove IL, as they
are now thinking of doing. In order
to save the property IL will be neces-
sary to reinforce the dam, build a drain
tunnel through the solid rock, put in
suitable gates, complete the power
house and repair the Wise river dam.
which has sprung a dangerous leak. IL
will also be necessary to protect the
pole line from the dam to Butte. either
by an electric current or watchmen, as
the copper wire has been cut and "A
quantity carried away. The engineers
make the following estimates of expen-
ditures for the necessary repairs. For
repairing dam, S31 900; drain tunnela n
gate. 1880; penstock and gate, 81. 500:
reservoir dam Of Wise river. $1,000.
power house, housing machinery, etc,
all the work should be completed by
April / of the coming year.
The appeal case Of Gertie West
against Lou Harpel was up for trial
before a jury in Judge Lindsay's court
yesterday afternoon. The West m
at one time was a boarder at the Har-
pei house, and when h left there was
indebted for money. etc. and Miss
Harpel retained her trunk and ward
robe as security. and West sued TO re-
cover her property or its value. In the
justice court she got judgment for 5000
and Harpel appealed. After all the tes-
timony had been introduced. the court.
on motion of the defendants counsel.
instructed the jury to return a verdict
for the defendant. In doing so the
court said he was inclined to do so
without a motion having been made.
The Judge said there was no question
in his mind but that one who parted
with property under a contract which
Is against good morals and void as
against public policy. Is appeared TO
be the fact in the case, could not main
ain a suit in replevin for such proper
~. The law will leave the parties in
the situation in which they have placed
themselves.