The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-01

the motions, because the delay in near
ing the motions was occasoned by the
acts of the Boston 4 Montana and the
various orders of the supreme court;
because the application for the writ
and the accompanying affidavit does
not state facts sufficient to constitute
a cause Of action; because the plaintiff
Che B. & NJ, is seeking by means of
the orders of court, to quote the Ian
suage of the motion, to control the ju-
dicial authority of the defendant
(ClancD and to compel the defendant
to decide said motion and application
in favor of plaintiff regardless of what
the evidence on the hearing might jus
tify or require, and regardless of the
rules of law which may be applicable
thereto, and deprive the defendant of
the exercise of its judgment thereon,
and to prevent it from exercising any
judicial discretion in deciding said mo-
tion."
The court promptly denied the motion
and ordered that Judge Clancy make
answer at 10 o'clock tomorrow morn
ing. This order of the court was also
forwarded to Butte, and the probabili-
ties are that there will be more argu-
ments upon the receivership business
Tomorrow.
Two other cases were passed upon to-
day, both mandamus proceedings. One
was the State Publishing company VS..
pei the latter to furnish it with the
state printing work in accordance with
contract secured from the state fur
nishing board. The constitution pro-
Vides that a contract of that nature to
be valid must have the approval of the
governor and treasurer. They both
withheld such approval. Secretary Ho-
gan accordingly refused to give the
State Publishing company any more
work The mandamus proceedings re-
suited. The court unites in the opinion
that the motion presented recently to
quash the writ should be sustained.
The court finds that the publishing con-
cern has failed to show clear legal
right to have the secretary compelled
to deliver the work to it. The constitu-
tiona, provision referred to must be
lived up to the letter. THE approval
of these officials completes the con-
tract says the court
With such approval the agreement
between the printer and the state be-
comes one whereby the printer acquires
right in relation to the printing, but
without it he has no right whatever to
demand the papers to print or to de-
mand their delivery to him. 1t being
Indispensable that the agreement of the
board shall be approved by the gov
ernor and treasurer before there can be
a valid contract, mere allegations that
the board received bids and made con-
tract with relator. whose bid was the
lowest, are wholly insufficient, for the
conclusions therefrom that a contract
exists is unsupported by such facts. in
dependent of certain other facts, which,
as said. must exist to make contract.
The approval of the governor and treas
nrer is by way of check upon possible
extrava gances of the board. CEn it O.
power like the veto power of d governor
or of one of annihilaton, as did coun-
sci for relator in his argument, it new
ertheless exists as a portion Of the con-
stitution in clear and unambiguous Ian
guage SO plain that but the one con-
struction can possibly obtain"
The remaining residents of Lennox.
the suburb lying east of Helena. beyond
the capitol site, will have to walk to
town, so far as the street car service is
concerned This was settled by an opin-
ion rendered by the whole court in the
second mandamus proceedings passed
upon to-day. The street car company
because of lack of travel several months
ago announced it's intention of tearing
UP it's tracks to LennoX. Two residents
objected and applied to the district
court for a mandamus to compel the
company to continue its service. This
was denied and an appeal to the su-
preme court was taken. The action of
the lower court is sustained.