The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-08

1ths n. II. Haskins and william Smith
were also approved and allowed.
A suit was brought in the district
court yesterday against the city of
Butte and Street Commissioner Bran
nigsn by Frank Cooney to enjoin them
from opening an old alley through block
a. being located on the William Penn
lode claim between Ga,ena and Mercury
street. west. Cooney alleges in his
complaint that for Is years he and his
predecessors in interest have been the
owners of a piece of ground on the lode
claim mentioned and that the city
claims some right to the ground by vir-
tue Of a townsite patent issued by the
! government to OBJ. O'Bannon on Sept.
&c. 1877. 1t is alleged that at the time
the townsite patent was issued the
william Penn was a valid and existing
mining claim IN was expressly except
ed from the patent. ON the 18th of last
month the street commissioner entered
upon the ground and tore down the
fences and sheds and threatened to ear
down and remove the dwelling
for h purpose OF using the
ground for an alley without having
taken steps to condemn the properly or
20 pay compensation for {. Ju'iSe
Lindsay issued a temporary RESTRAINING
order i'm the case.
The facts. not stated i'm the complaint.
are hat the alley was properly laid ut
years ago. but that part of town was
not built up and some one squatt,i m
the alley and built a cabin there. When
the owner of IL died the house. but no
ground. was sold to Cooney for some
thing like Sc. Cooney. however. has
discovered what he believes Is a flaw
i'm the city's title to the ground.
Judge Lindsay yesterday afternoon
called his calendar n set the follow
ing cases for trial
May 16-Cora Il. Ramsey VS.. =. ii.
Burns ct al. Montana Ore Purchasing
company vs.. G. :. Batterman.
May 11-John NJ. Barber VS.. Lee
Freudenstein ct al. William Burton Va.
Silas r. King.
May 1s-James H.. Lynch VS.. Isaac
Bechtel ct al. James II. Lynch VS..
Isaac Bechtel. J. w. Holmes VS.. Robert
Koenne.
May 1877. c. Jackson VS.. the oregon
Short Linz Railway company. James
ii. Hill VS.. James Cassidy ct al.
May Gov. j.. Jansen VS.. Lewis Jen-
kins. George A. Cobban vs.. John Swim
ton 4,
Thomas Mulholland. chief OF police,
yesterday took another appeal tn the
district court from the order OF the
commissioners disallowing one of his
bills for fees as an ex-officio constable.
The new appeal conforms with the re-
quirements of the law and avoids the
error on which Judge Lindsay dismissed
the former appeal n the controversy
over the fee question will now be heard
upon its merits.
Robert Shadwell. the convicted muir
derer of Martin Connors. was In court
yesterday morning while his attorney
secured a further extension OF time for
80 days In which to file a bill of ex-
ceptions and statement on motion for a
new trial. ~Shadwell looked well ex-
cept for the result of a pitiful attempt
to raise a mustache n whiskers.
which makes him somewhat resemble
Jimmy July.
The libel suit of Harry Adler against
NJ. Meyer was dismissed yesterday by
Judge Clancy on motion of Attorney
Cavanaugh. counsel for the defendant.
because the plaintiff. a nonresident,
had failed to file security for costs.
The case of the city against County
Treasurer Hind to recover over $4,000
i'm road taxes was submitted TO Judge
Lindsay. without argument, On "A de-
murrer to Nhe amended complaint.
The motion for a new trial for James
u. Casey was again continued for hear
ing for one week. because the attorneys
u.ara nnt ready IN argue the matter.