The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-09
BUTTE NEWS.
He REVERSED HIMSELF
Judge Clancy Makes an Order in
the Turkish Congress Case.
THE MONTANA POWER co.
Its Receiver Asks Permission to Ex-
pend 100000 on the Big Hole
Dam-Consent of All Parties
to the Suit Granted.

JudgeClancy reversed himself yester-
day by making an order vacating an
order made week or more ago dis
missing the Turkish congress case of
Charles Dockman against the DeKreko
brothers. A few weeks ago the de-
PENDANTS attorney, George A. Clark,
made a motion to require the plaintiff
to give bond as security for costs, al
leging that Dockman was a resident of
New York A motion was made at
the same time to discharge the re-
ceiver, Billy Woods, and the court said
he would grant both motions unless
bond for costs was filed within three
days, although the statutes allow 30
days. At the end of a week the costs
bond had not been filed and Judge
Clancy dismissed the case and or
dered the discharge of the receiver.
Dockman's attorneys then prepared a
judgment and asked the judge to sign
1t, but he declined to do so unless it
had been submitted to and approved
by the attorney on the other side,
which the latter also declined to do,
but yesterday morning he appeared in
court and asked the judge to vacate
the statute gave the party 80 days in
which to file the costs bond, and the
order was made. Dockman had also
filed an affidavit, denying that he was
a resident of New York, and claimed
residence in Butte. The affidavit
had been filed before the decision on
the question of bonds was made but
was not considered, not having been
called to the attention of the court.
Fred T. Sterling, receiver Of the Mon
tana Power company, yesterday petit
toned the district court for authority
to expend an additional sum of $780,
coo for the purpose of further repair
ing and putting in shape the dam on
the Big Hole river and installing ma
chinery so that the property may be
put in condition to, operate and acquire
an earning capacity. In his petition
the receiver states that under the
present conditions the property is
continual expense and that no revenue
can be derived from it. 1t is also al
legged that before the property of the
Montana Power company came into
the receivers hands the company had
contracted with the General Electric
company for a lot of machinery,
which was shipped and is now in
Butte. but has not been delivered, as
it was not paid for. The General Elec-
trio company, 1T is stated, is willing to
the IdcflliteFy anu put tUe pant
into condition to manufacture power
If the receiver will deliver the certifi-
Gates for the amount due. 1t is also
stated that the receiver has discussed
the matter with the parties to the
action and all lien-holders, as well as
all persons holding receivers certit-
Gates, and that all appreciate the ne
cessity OF buying machinery and put
ting the plant in such a condition that
IL Will be worth something to the own
ers. The written consent of all parties
to the suit. parties holding certificates
and lien holders was submitted and the
order prayed for was made by Judge
Lindsay.
Bills of exceptions in the cases of the
Montana Ore Purchasing company
against the Boston & Montana and
Edward Hickey and others against the
Anaconda and Washoe companies have
been submitted to Judge Clancy. and
he stated yesterday that he would con-
slider them at some future time.
w. L. souders yesterday COM
menced suit for divorce against Amy
E. Souders on the ground of desertion.
They were married at Hooking, Ohio,
April 3, 1873, and on Aug. g. 1898, at
Frankfort, Kan, she left him.
In the suit of ]. A. Rhoads against the
Silver Bow Jockey club, the plaintiff
yesterday petitioned the court for the
appointment of a keeper for the prop
erty of the defendant which is under
attachment. and Judge Clancy made an
order authorizing the sheriff to appoint
one.
default was entered yesterday in
the divorce suit of Mary Crenshaw
against William Crenshaw.
In the condemnation case of Eugene
Carroll against James A. Murray and
others, the defendant, Murray yester-
day gave notice of an appeal to the
district court from the award of the
commissioners.
Judge Clancy yesterday made an or
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