The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-29
HELLO LOST HIS CASE
He Receives No Pay for Perform
ing the Mayors Duties.
A WANTS AN ORDER
He Desires Al Davis TO Show Cause Why
He Does Not Render an Account OF
the Gaylord Estate-Horwitz
Brings Suit or Divorce.

John c. Hellig. the ex-alderman who
sued the city of Butte and ex-Mayor
Thompson for s29s. 20 which he claimed
should be paid him for his services as
acting mayor during the absence from
the city of Mr.. Thompson for several
months i'm 1896 and 1897. lost his case,
as Judge Lindsay yesterday sustained
the defendants demurrers to the COM
plant. The ruling Of the court is based
on the opinion that Heilig was entitled
TO compensation only as an alderman,
and that Notwithstanding the fact that
he as president of the council also acted
as mayor, he could not draw the may
or's salary. The statute makes no pro-
vision for the payment of a salary TO
an acting mayor in addition to his COM
pensation as alderman.
Robert ID. Grant yesterday petit
toned the court for an order citing An
drew j. Davis to appear and show cause
why he does not file an account as ad-
Grace II. Gaylord, deceased. Grant
says he makes the petition at
the request of his wife, Ruth
Grant, one of the heirs of Grace f..
Gaylord. The estate has been appraised
and Is valued at SAC, 900. The petition
recites the fact that MIR. Davis was
appointed administrator on Sept. 4. 1897,
and so far has wholly failed to give
an account of the amount of property
and money he mas received and has ne
elected to furnish the court or the heirs
with any Information at all relative to
the condition of the estate. Judge Lind
say issued a citation ordering the ad-
ministrator to appear In court In an
swer to 1t at 10 o'clock on Aug. s.
Grant and Davis are brothers-in-law
]. ID. Horwitz lost no time in bring
ing a divorce action against his wife,
Della Horwitz, whom he caught In a
compromising situation with one {.
Walther, a milkman, at her home at
3l2 North Washington street Wednes-
day night. A complaint in his suit was
filed i'm the district court yesterday
morning. 1t ~reci.es the fact that they
were married at Yankton on July 10,
1883. and alleges that since the Fourth
of July the defendant has been Grim
inally intimate with Walther, for which
reason a divorce is asked.
Judge Lindsay yesterday passed on a
number of probate matters. In the
Robert McMinn estate, which has been
DtllullB III tbuIl lOI IL NNdlo' Nv ~
count Of James w. Forbis, the admins
traitor, was approved and he was di-
rec.ed to pay off the claims referred to
i'm his complaint, with legal interest
from the time of their allowance i'm
1887. The administrator recently sold
some property belonging to the estate.
from which he realized $l2, S94.l6, but he
reported tina; he did not have money
enough to pay off all the claims If legal
gnt,ra1t 40 allowed That matter
however, is fixed by the statutes, and
the court directed the administrator to
divide the money pro rata, II he did not
have sufficient to pay the claims in
fun, but retaining sufficient to pay a
judgment of w. A. Clark and his own
fees and commissions
In the matter of the estate of Will
am Harris. the objections to the ad-
m~inistratrix's account were sustained
and she was directed to file a new &C
count within 80 days.
The annual cou In the estates OF
Benjamin Saner. Miles Hogan, Sabina
A. Hale, Michael =. Flynn and A. j.
Marchand were settled and allowed.
Edward Mahoney was brought into
court again yesterday and Judge Clan
| cy set his case for trial on Aug. 8. His
attorney, w. j.. Naughten, objected to
having the case put down for trial.
He said IL didn't give him sufficient
time to prepare. as he desired to take
the DISPOSITIONS of several witnesses in
Spokane.
Several other criminal cases were also
set for trial. as follows: Charles Jones,
grand larceny, Aug. 3; James Kelly and
Pete Hansen, robbery, Aug. 4; Maud
May. grand larceny. Aug. 5; Charles
Smith, grand larceny, Aug. s.
In the suit of James NJ. Hinkle
| against Mabel Ludwig and others, an
action for attorneys fees and to en-
force a lien on some cowboy pictures,
the PLAINTIFFS proofs were heard yes
terday and Judge Lindsay gave judg-
ment for the plaintiff.