The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-05
BUTTE News.
in THE DISTRICT COURT
Judge Leslie Presided Over De-
partment No. l.
THE RECEIVERSH|P CASE
John Mcguire Made Defendant in the
Opera House Litigation-The Liza
b,lity of Mining Property to
Special Taxes Argued.

Judge j. B. Leslie of Great Falls pre-
sided in department No. l of the dis
trict court yesterday. The receivership
case of A. Eustis against the Grand
Opera House company, John H. Curtis,
E. L. Chapman and Charles O'Donnell
had been set for hearing, but on ap-
plication of the attorneys for the plain
tiff the order to show cause was con-
tinued until next Saturday. 1t was
further ordered that John Mcguire be
made a defendant in the case and that
he also appear in court next Saturday
to show cause why receiver for the
opera house should not be appointed.
The damage suit of John w. Brown
against the Gillette-H erzog Manufac-
turing company was ordered trans
ferred to the United States court for
trial.
The application of Mrs. Jane Rowe to
be appointed guardian Of Katie Nor
com and Clara Morcom, children of
Joseph Morcom deceased, who are now
residing in England with their mother,
who has married again, was heard by
Judge Leslie. The children have some
property in Butte and Mrs. Rowe has
had charge of it and has been sending
the rents to the mother of the children.
Mrs. Bessie Niles, an aunt of the two
children, appeared and objected to the
appointment of Mrs. Rowe and said
that it was the intention of Mrs Rowe
to sell the property, which would re-
suit in great damage to the minors.
Mrs. Niles asked to be appointed
guardian for the children and said she
appeared as a contestant only to pro-
tect the interests of the children. Judge
Leslie decided to appoint Mrs Rowe,
but instructed her not to send any
more money, belonging to the children
to the mother except upon an order of
the court.
In Judge Clancy's court case in
volving the question whether mining
property in the city is liable for spe-
cial improvement taxes was argued.
The case was that of William Farlin
against the county treasurer. Farlin
is the owner of a tract 179 by 1903 feet
on the Columbia lode. which was as
sessed several years ago for $762 for
city sewer tax The payment was re-
sisted and the county treasurer threat
ened to sell the property for the delin-
quent tax, and he was enjoined from
doing so. The case came up for hear
ing yesterday on an order to show
cause why the injunction should not be
made permanent. Attorneys ODonnell
and Robert Mcbride appeared for the
plaintiff and argued that the property
,involved, being used for mining pur-
poses only, was exempt from all taxes
except the general tax of S. an acre
They argued that the sewer tax was of
no benefit to the mining property and it
should not be assessed for it.
City Attorney DeWolfe argued and
cited authorities to show that while
mining property was generally exempt
from taxation except for the SIS an acre,
1t was liable for special Improvement
taxes.
The question is of considerable i'm
portance, as it affects a great deal of
property in the city. Judge Clancy took
THE matter under advisement
A judgment by default was entered
yesterday in the case of W. A. Clark &
Brother against Charles S. Eltinge for
S4.56O due on a note and to foreclose a
mortgage on lot and a portion of lot
s. block g. of the original townsite of
Butte. AS the mortgaged property is
not of sufficient value to pay the judg-
ment receiver was appointed to take
charge of the property and collect the
rents until the property can be sold I'M
der an execution. Charles O'Donnell
was appointed receiver. The court asked
him if he could act and he replied: 'I'll
take charge of the bank if your honor
wants me to-" An attorneys fee of
s225 was allowed after Judge DeWolfe
had testified that 8 per cent was a
reasonable fee and j. K. Macdonald said
that 10 per cent. was about right.
Another default judgment for S343