The Anaconda standard., 1899-05-12
ANACONDA NEWS.
A SUIT AGAINST WALKUP
Ex-OMcer Marchion Wants His
Money.
ORDERED BY THE COUNCIL
The City Treasurer. Refused to Pay the
Warrant When 1t Was Presented
to Him-Wants O Writ
of Mandate.
ORDERED BY THE COUNCIL

An action was yesterday begun in the
district court by Attorneys Walsh 4
James on behalf of the state of Mon
tana ex rel John Marchion against John
r. Walkup, treasurer of the city of
Anaconda In the complaint the plain
tiff states that during the year 1897 he
was employed by and performed SER
vices for the city of Anaconda as a duly
qualified and acting special police off,
Ger and that the services so performed
during the said year of 1897 We're and
are of the reasonable value of the sum
of $1O0. It is further alleged that on
May /, 1899, the city council, by its
mayor and board of aldermen, in a reg
ular session assembled, passed the fol-
lowing resolution:
BE it resolved by the city council Of
the city of Anaconda, That the sum of
$100 is hereby appropriated from the
general fund for John Marchion for any
services rendered the city of Anaconda
during the year 1897, and said $100 shall
be in full settlement of all labor per-
formed during said year"
And that the said resolution was duly
passed upon roll call of said board of
aldermen, eight of said aldermen vot-
ing AYE" and one voting mo" which
said resolution and vote thereon was
duly entered in the minutes of the said
city council of said city and recorded
by the city clerk and signed by the
mayor and attested by the city clerk on
May l, 1899.
The complaint further alleges that on
May /, 1885, Oliver Leiser, mayor of the
city of Anaconda, issued to John March,
ion his warrant in obedience to said
resolution for the sum of $1OO upon the
said John R. Walkup, city treasurer
aforesaid, and that the said city war
rant was then and there signed by the
said Oliver Lesser, mayor aforesaid,
and signed and attested by T. O'Leary,
city clerk, and which warrant was then
and there delivered to the plaintiff
herein, John Marchion, and by him PRE-
sented to the defendant, John r. Walk
up, city treasurer aforesaid, for pay
ment, and then and there on May 2,
1S99 demanded that the same be laid
as in said resolution directed, but that
the said city treasurer then and there
refused to pay the same and still re-
fuses to pay the same or any part
thereof, or to. make any Endorsement
thereon that payment of the same has
been refused for want of funds to meet
the payment thereof in the fund upon
which the same is drawn.
The plaintiff alleges that he has no
plain, speedy and adequate remedy in
tne orulndry course OF law, wherefore
he prays that a writ of mandate be ;s-
sued to the effect that John r.. Walkup
be reauired to appear and show cause
why he has not paid said city warrant
to the said John Marcllion and that
upon his failure to appear and make
proper showing and return that it be
ordered, adjudged and decreed that a
peremptory writ of mandamus issue to
the effect that the said defendant, John
II, TnI
Marchion upon his presentation of the
said warrant the sum of $1OO out of
said fund not otherwise appropriated
ana that In the event of there being no
money in his hands wherewith to nav
the same, to make a proper indorse-
ment thereon, duly signed by him as
such city treasurer, that the payment
or the same has been refused for the
want of funds. The plaintiff also nravs
judgment for his costs herein.
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