The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-13
THEY OVERL OOKED A BET
Silver Bow Jockey Club Must
Suspend Operations.
JUDGE CLANCY ORDERS IT
The Promoters Started Their Race Track
Without Getting Permission OF
the People Who Were Own
ers OF the Ground,

The Silver Bow Jockey club will
probably go out of business, as Judge
Clancy yesterday issued an injunction
against the club which will compel it to
permanently suspend operations on its
new race track which it had been
building for several weeks Nobody
seems to know who Is behind the club,
but whoever it is is in for bill of costs
and useless expenditures made on the
ground, because they overlooked that
simple necessity of getting the permits
sion of the parties who own the ground
and who hold the government title to it.
The work was stopped and the injunc-
and Joseph V. Long, who hold the
present title to the ground, and they
named as defendants L. S. Hatch and
Contractor Harkins, because no one else
could be found who would admit re-
sponsibility for the Silver Bow Jockey
club, though promoter named Guthrie
is supposed to have some interest in it.
At the injunction hearing yesterday the
plaintiffs title was established from the
placer patent which was issued by the
government in 1898 after a long contest
over the ground. W. F. Cobban, testi-
flying for the plaintiffs, gave his opin-
ion of the value Of the ground and as
to the damage being done it by grading
it for a race track.
Attorney Tillinghast testified that
when he tried to locate the parties re-
sponsible for the work being done he
met 7. S. Hatch and the latter told
him he was ''it' and had charge of the
work, but that he intended to turn ev-
erything. over to the jockey club, in
Guiding his five years lease on the IL
acres of ground, which he obtained
from Enoch Johns. Later Tillnghast
encountered Harkins and the latter
claimed to be the whole push and said
he was doing the work on the ground
for stock in the jockey club.
For the defense an affidavit made by
Enoch Johns was introduced. Johns
said he had purchased the ground from
the Northern Pacific Railroad company
and had lived on it for 16 years. He
also had sold and leased portions of it
at various times to different persons
and the plaintiffs never before objected
to it. He also alleged the suit was not
brought in good faith. but for the pur-
and force him to compromise with the
plaintiffs on their pretended claims.
The affidavit of l.. S. Hatch was also
offered Hatch said there was now
pending in the federal court a suit to
cancel the patent issued to the plant
ifs predecessors lin interest on the
ground that it was obtained by fraud.
He also alleged that the plaintiffs We're
not the real parties in interest, but
were the agents Of a lot of '''land grab
bers." -~
Hatch also claimed that instead of
damaging the ground the race track
would improve it, as the ground was
being leveled off. Judge Dewitt OBJ
jected to both affidavits and the court
ruled them out, because TILE in the de-
PENDANTS could not be proved by ex
parte affidavits and for other reasons
advanced by Mr.. Dewitt.
Dan Yancey, attorney for the defend
ants, made a hard fight for the new
race track, but the court said the law
was against him and granted a perma-
nent injunction.