Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-08
ONE MORE ISSUE
The Receiver For the Montana
Power Company
IS GRANTED PERMISSION
To Raise an Additional 81 10000 For
the Completion of the Work
Court News.

summation OF the desires of those inter
ested have been taken.
Yesterday Fred P. Sterling, the receiv.
er, petitioned the district court for per.
mission to issue S100. 600 receivers certifi.
Gates to raise money with which to pay
up some liabilities lately incurred in the
preservation of the property and for the
further purpose of meeting the expense
of some yet to come. The petition states
that the cost of placing the machinery
would be $4,000: that $35. 900 or more
would be necessary for other expenses.
and SIS. 600 in addition to the amount of
the former issues of certificates had been
expended. Therefore about 500. 600 would
be required to complete the whole and
place it in shape for business. AS all the
parties interested in the enterprise had
given their consent to the XII issue,
Judge Lindsay granted the petition.
This makes a total of $1S2, 900 which the
company will have pledged itself to pay,
but as soon as the machinery is in place
returns will be close at land.
In the condemnation proceedings of the
Butte Water company Us. James A. Muir
ray, the defendant has given notice Of his
intention to appeal from the award for
damages made on parcel 9 and 10 by the
commissioners.
Sheriff Shaw of Great Falls passed
through the city today en- route to Deer
Lodge with a prisoner named Dwyer,
who will spend a few years as a guest Of
Conley and McTague.
The preliminary hearing in the matter
of the state against JOIN Boyd, charged
With having helped himself to some of
the Bi~Metallic Mining company's bull
lion and disposing of it in this city, was
resumed before Justice Nichols his
morning. When an adjournment was
taken last evening Max Mayer, who it is
bought the bullion. was still un-
der examination. and the questioning in
to the part he il said to have
in the deal was taken up today
where it was broken Yesterday. Only a
short time, however, sufficed TO complete
the job and Paul A. FusZ. president of
the Granite Mountain and Bi-Metallic
consolidated. gave testimony.
1t had little or no bearing upon the ac-
tual offense With which Boyd is charged.
Werner Zeigler, superintendent for the
also testified. In substance he
SAID for several years prior to June last
Boyd had performed duty as a Waterman
for the company and had occasionally
taken a layoff of a few days at a time.
+. r. Mayer stated that the man hat
had some of the bullion melted into oars
was not BOYLE.
The hearing was taken up again this
afternoon. but will probably not reach an
END before shutdown, as the judge has the
tail portion of another matter to hear.
1t Is the case of the State VS.. Eugene O..
Mellier, against whom a charge Of grand
larceny IN connection with the alleged
theft of copper from a Great Northern
freight car is DEn1lnp The poattar u-ac
partly heard Wednesday. but on account
of the absence Of three material wit
nesses an adjournment until this morn
ing was then taken. At the appointed
hour today the absentees We're on hand.
One was Washington Lafayette Hamil-
ton, a small boy. Other witnesses had
already testified to having seen him take
a slab of the metal from the car. On the
witness stand he denied having commit
ted the o~ffense. but Fred Hahn and Adam
Hahn. also boys, swore right afterwards
that they had seen him take the copper.
After hearing this testimony the court
continued the case until 4:30 o'clock and
took up the Boyd matter.
w. L.. Souders began an action against
Amy +. Souders for divorce today. They
have been husband and wife since April
3, 1915, having been married in Hooking,
Ohio. In his complaint he alleges thai
at Frankfort, Kansas on August 3, 1898,
the defendant deserted him without
cause and continues to live separate and
apart from him.
Libbie NeWberry has commenced in the
district court an action against L. J. Nc
Sherry, T. Solveson, Sheriff Regain and
Frank Newberry to have a chattel mort
gage on her piano annulled and prevent
the defendants from taking the instru-
meDt from her. In her complajOt che
says she OWNS the piano, but last Janu-
airy Frank Newberry, without her knowl-
edge or consent, m~ortgaged it to Solveson
for sos and the sheriff now threatens to
take possession of it. She further al
leges that the property is more valuable
to her than its intrinsic worth would be
to others, as it was a gift and could not
be replaced. An order temporarily re-
straining the defendants from interfering
with it has been issued.
il. Burkhalter is suing May II. Bot
teSo and others to recover judgment for
SIS, which he alleges is due him for work
and material supplied in the erection of
a house on South Montana street. The
same person is defendant in another ac-
ton brought to foreclose a lien on the
premises bearing Nos. 525 and 527 South
Montana; the amount involved is S35.
F. l.. Miller has been made defendant
in q suit for divorce brought by his wife.
Lillian. They We're united in marriage in
this city May q, 1897. Failure to .
are the alleged grounds for the action.
Fair treatment at The Fair.
DILLON RACES-SEPT. Sth AND 9th.
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