The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-27
IN THE DISTRICT COURT
Another Feature of the Pennsyl-
vania Case.
HEARING WAS CONTINUED
Application to Do More Development
Work-Quo Warranto Proceed
ings to Gust a Constable
From Office.

The defendants in the Pennsylvania
| mining case, the Boston & Montana
| company, petitioned the court several
| days ago for an order permitting the
defendants to do some additional devel-
opment work in the ground in contro-
versy. 1t is desired to make a raise
and diagonal winze in what is known
as the long cross-cut on the first level
of the Pennsylvania. The matter had
been set for hearing before Judge
Clancy yesterday morning, but at the
request of one of the plaintiffs attor-
neys it was continued until o'clock
and specially set for that hour by the
court When the time arrived the at
torneys on both sides were on hand
but the judge was not, and after wait
ing half an hour and being unable to
find the court the attorneys left. The
matter Will probably be called up to-
morrow morning before the trial is
resumed
The Montana Ore Purchasing COM
pany in it's answer, which was filed
yesterday afternoon, denies that the
proposed development work is urgent
or necessary and sets up the fact that
been in controversy for two years and
| that the plaintiffs testimony has near
ly all been introduced therefore it
would be manifestly unfair to permit
the defendants to do further develop
ment work for the purpose of trial.
Quo warranto proceedings were COM
menced in the district court by Con-
stable Joseph Volker against Corley C.
Rhoades and Benjamin Twitchell for
hh nf ttt,fr tho
| job of constable in Justice Nichols
court, which office Volker claims by
virtue of his election last November.
In his complaint, which he filed after
obtaining leave Of court, he relates that
he was duly elected and qualified, and
that he filled the office of constable
until the 31st of last March, when the
defendants ''intruded into and usurp-
ed" the office and have since unlawfully
withheld it from the plaintiff and have
exercised the duties of the office and
have received the emoluments. The
court is asked to Gust the defendants
and to restore the office to Volker
Twitchell is a constable in some other
township and Rhoades is his deputy,
and the latter is attending upon JUS
tice Nichols court, and has been ever
since Volker got into several bad
scrapes in an attempt to do his duties
as a constable. Breen & Mackel and
Roy Alley are his attorneys.
Barney Coll, administrator Of the es-
tate of w. A. Waller yesterday filed
a petition in court asking that NJ. H.
Sanders, former partner with Waller,
be cited into court and ordered to give
an accounting. In his petition the ad-
minis traitor says that on the 18th of
last January Sanders was required by
the court to give bond in the sum
n n
continued the operation of the Silver
King mine, on which he and Waller
had a lease. Sanders was also ordered
to make monthly report, but the adj
ministrator says he has failed to do
So although he has been requested to
make a report Judge Lindsay issued
an order to show cause made returna-
BILE Oct. IA.
In the case of G. D. B. Turner against
the WorthingtOn company, demurrer
to the complaint was argued yesterday
by F. e. Corbett for the defendant and
j. X Macdonald for the plaintiff, and
was sustained by Judge Clancy. Tur-
ner had purchased a Worthington
pump from the defendant for his mine
at Red Bluff and paid the freight on
it from Brooklyn. When it arrived it
was found to be too large and not what
had been ordered, and on instructions
from the defendant Turner sent the
pump to Butte. to the agent of the
company, who furnished two smaller
pumps temporarily, pending the arrival
of a new one, which never came. The
two small pumps also failed to do the
work and Turner brought suit on the
contract and pleaded as special dam
ages the money he paid out in freight
and other expenses from which he de-
rived no benefit The complaint was
demurred to on the ground that three
causes of action We're united without
being separately stated and numbered.
The court, in sustaining the demurrer,
said that the matter pleaded in re-
gard to the two faulty pumps, labor and
expenses, were matters of proof.
In the mining suit of Edward Hickey
and others against the Parrot company
the plaintiffs application for a tempo
rary injunction and the defendants
petition for an order to do certain de-
veIopment work had been set for hear
ing yesterday, but on the request of
j. j. Mediation were continued for two
weeks. Mr.. Mediation said he desired
to have the matters continued to give
the plaintiffs time to make an appli-
cation of their own for an order to
survey He also stated that he felt in
disposed and unable to go on with the
hearing.
The hearing of the motion in the case
of w A. Clark & Brother against
John Caplice and others was again con-
tinued for two weeks yesterday on ac-
count of the absence of the defend
ants attorney, NJ. D. Leehey.
1T seems to be a practice among at
tOrneys here to go away and leave their
cases for the court to attend to-" said
Judge Clancy. II never saw the like
in all my life, and / have been around
courts for a generation of men on
earth, and nowhere else would such
things be tolerated"
Judge Lindsay yesterday signed an
order of final discharge of the admins
traitor of the John O,DOnnell estate.