Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-22

could not be lawfully seized, is paid over
in satisfaction of the debt.
1T is not pretended in the presentation
of this case by counsel, that the petition
er has any property except that which
she would be entitled to hold as exemnt
| from seizure.
1T should be further observed that the
statute requires that the bond provided
for be delivered to the justice Of the
peace, and it seems that sucn bond
should be executed to the person arrest
ed in order to protect and indemnity such
person against damage. In this in
stance the undertaking was executed to
the sheriff of Deer Lodge county. Wheth-
er the relator could recover thereon is
questionable, my view being that the
bond should be executed to the person
about to be arrested, and it is doubtful
whether such a bond as is here presented
would enable the plaintiff to recover in
event her restraint was deemed illegal.
The bond delivered does not fulfill the
statutory requirements.
I'm my opinion a proper affidavit and
a sufficient bond are necessary before an
order OF arrest shall issue, and that not
appearing. the detention of the relator
cannot be considered other than wrong
full and she is accordingly ordered dis
charged"
The attorney for the plaintiffs took
an exception to the ruling and asked the
court to hold Mrs. Barnhill Until further
proceedings could be had, but the latter
request was refused.
The initial number of half a dozen or
more suits brought against g~rocerymen
of the city for alleged violation of the
law by selling liquor in retail qualities
without a retail license was tried in Jus
tlce Nichols court last evening" 1t was
simply a test case and or its result will
rest the fate Of the others. After hear
ing the testimony the justice took the
matter under Amusement. Thomas F.
Courteney was the defendant. An
thony Matthew'S, special license col
lector, testified that he had been Employ
er evidence against the grocerymen, and
he had done it. He deposited two bot
ties of beer on the judges desk and told
the court he had bought them at Mr..
COuTtneyS store. The county treas
urer, John G. Holland, testified that Mr..
Courteney did not posses a retain liquor
license at the time the beer was bought.
This was all the testimony introduced
BY the prosecution and at its close At
tOrney COtter, who represented the de-
fendant, asked that the cas- e dismissed
OF the ground that the statute contained
two clauses governing the matter and
they contlicted with each other. After
making the motion he said the defense
had no testimony to offer.
The state was represented by Roy s..
1lIC yin bloOi was plCSCIll II liz II
terest Of the Retail Liquor Dealers assoc
citation, which is DESTROYS of eitr 7 stop
ping grocerymen from sellin" liquor in
retail quantities or compelling them to
take out a license.
EdWar Hickey has commenced an ac-
ton against the county treasurer to en-
join him from attempting to collect So
337 taxes levied on some lots on the Lizzie
lode claim. The action is also extended
to the city.
The plaintiff claims that the property
is mining ground and not subject to tax
alton as real estate.
Justice Nichols has given Edward
~JacobS~siX months in the county Jail for
stealing an overcoat from his friend, l..
E. Dore. of South Arizona street.
United States Senator William A. Clark
has filed in court his answer to the libel
suit brought by Fred. Whiteside against
the Miner Publishing company to recov-
err judgment for 500, 0GO. in which
amount Whiteside alleges ne has been
damaged by reason of the publication
of articles in the Miner concerning his
reputation during the meeting of q great
deliberate body in Helena last winter.
In the document Mr.. Clark denies re-
sponsibility for the libelous articles and
says he knew nothing about them until
after they appeared in print. He fur
Their says he was not an active candi-
date for the high political position he
now holds or that John r. Welcome and
his son, Charles ". Clark. We're his ac-
credited agents. Continuing, he alleges
tha if they represented themselves as
such they did so without his knowledge
and consent. The senator admits he
was one of the directors of the Miner
Publishing at the time the al
legd libelOus matter was published, but
denies that he had any active hand in the
production Of the paper. He denies that
Whiteside was a duly elected and quail
fled member of the great deliberative
body at Helena. Mr.. Clark further
SAYS he knows nothing about the repu-
tation of Whiteside and does not believe
the words published could or did injure
his reputation in any amount. Further
answering. Mr.. Clark says that as a di-
rector of the Miner Publishing
he did not have control of or direct the
management of the paper Referring
to his candidacy for the United States
senate he says his name was mentioned
among the people of the state for the
office and his friends, he believed, urged
his candidacy. Mr.. Clark further says
he has never seen the paper containing
the article headed "The Damnable Plot
of the Conspirators Came to Naueht.'
"a Moral Lener Lost his Seat" Gil
thy Remarks by Whiteside." "a Per-
jured and Constituencies Villain"
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