The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-16
DIRECTORS ARE LIABLE
Held Responsible for the Acts of
the Miner.
RULING BY JUDGE LINDSAY
Portions OF the Complaint Stricken Out
in the Whiteside Case-Parts of the
Demurrer Overruled Dis
trict Court Matters.

Judge Lindsay yesterday made a de-
cision in the motion to strike out por-
tons OF the complaint of Fred White
side in his suit for damages against
the Miner Publishing company and it's
editor and board of directors, and sus-
tanned the motion in certain respects
and overruled it as to others. He also
overruled the demurrers of the defend
ants Alexander j. Johnston and A. H.
Wethey, members of the defendants
board of directors, and thereby held the
directors were responsible for the acts
of the paper and therefore liable per-
| sonally for damages.
The matter ordered stricken out is all
| of the first cause of action on which
| judgment for $4,000 was asked, the
court considering the matter set out not
| to be libelous 1t is the article, or
rather the head lines over a Helena dis
| patch, in which Mr.. Whiteside is re-
| ferred to as notorious and stating that
| he was a tool used in an attempt 10
| run matters in Helena on the Anaconda
| plan. The second cause of action, how
| ever, remains undisturbed, including ell
| the allegations regarding the bribery
charges and investigation and the tes
| timony taken by the legislative inv asti-
| cation committee. The defendants in
the suit were granted 20 days in which
| to answer the part of the complaint
which was not stricken out.
Judge Lindsay yesterday afternoon
| passed on number of other matters
| which he had had under advisement.
In the case of Edgar Laurn VS.. L. Do
| rails the court made the following or
der with regard to the motion to retax
costs filed by the defendant: 1T APP
| pearing from the transcript of the jus
| tees docket filed in this action that
| the justice of the peace in question
taxed the sum of So as costs against
the defendant, the court would, in event
| that no other showing was made, order
| the sum so taxed reduced to the sum
of $3.50. 1t, however, appears by the
| summons issued at the time of the in
| stitution of this action that the same
| was served by constable and that
| the said constable charged the sum Of
| $1.50 as his costs, which amount added
| to the $3.50 statutory fee allowed JUS
| tice of the peace when an action is
| tried, would indicate that the costs
| We're property taxed. In that particu-
| lar the motion is overruled The court
sustains the motion with reference to
| the sum of $3.50 costs paid by defend
| ant on appeal and the sum of Sc ex-
| pended by him on the trial of the ac-
| ton in the district court; and directs
| accordingly that the sum of 1880 be
| by the clerk credited upon the judg
| ment rendered in favor OF the plaintiH
| and against the defendant"
| In suit of James A. Murray and
| Others against Thomas r. Kinds and
| others, the demurrer to the complaint
| was overruled.
| A motion to retaX costs in the CO.
manche mining case of Adolph Wetz-
! stein against p. A. Largely and others
the item of $21 charged as costs and
| paid for copy of an abstract and certi-
| fled copy of title, used on the trial, was
| disallowed
| The first item of $3.50 charged as
| mileage for the witness Rice was re-
| duced to Sc: the second item, charged
as mileage for the same witness, was
| also reduced to S. the third item was
| reduced to Sc, and the item of $12.10,
| charged as mileage for the witness H.
| E. Curtis, was reduced to Sc. In all
| other respects the costs were ordered
| taxed as charged by the defendants
memorandum.
| In the case of ]. A. Riddell against
George l.. Ramsey and others, the de-
| murrers interposed by the defendants
George l.. Ramsey and Charles Suffer
| to the complaint of plaintiff were sus-
| tanned.
Other matters passed on We're as fol-
| lows:
John A. Smith VS.. George Speehar-
| The motion of the defendant that the
| order heretofore entered dismissing the
| appeal taken in this action for want
| of prosecution thereof be set aside was
| overruled.
| Lena Mueller vs. George Renke-Mo-
| ton to strike from the answer filed by
the defendant overruled.
j. w. Winters VS.. Erike Olsen ct al
Motion for leave to file an amended
complaint overruled.
Boston & Montana Consolidated Cop
per and Silver Mining company VS..
Montana Ore Purchasing company ct
al-Plaintiff's bill of exceptions to the
courts order refusing an injunction
pendente lite, the plaintiff having
adopted and engrossed therein the pro-
posed amendments thereto, signed, set
tied and allowed and certified to be cor
rect.
Elizabeth Coleman VS.. oliver N. Per-
ry ct al.-The proposed amendments to
the defendants proposed statement on
motion for a new trial adopted and
ordered engrossed in statement; and the
statement on motion for new trial as
so amended was by the court signed,
settled, allowed and ordered filed.
In the matter of the estate of Hannah
Waller, deceased, the court signed a
decree of final discharge of the admin
istrator.
Judge Clancy yesterday made an or
der admitting John Hesley ito bail in
the sum of $4,000. Hesley is charged
with murder in the first degree for kill
| ing John Currie because the latter
winked at Mrs. Hesley. County At
torney Connolly opposed the applica-
ton for admission to bail and main
tanned that the evidence showed clear
ly that Hesley should be prosecuted for
murder in the first degree. The evil
dence taken at the coroner's inquest
was submitted to the court and the
matter was argued by the attorneys on
both sides. In deciding to admit Hes
ley to bail Judge Clancy intimated that
in his opinion Hesley did no great
wrong in forcibly driving Currie from
his home. He said such acts, as the
evidence showed Currie was guilty of,
were much too frequent and force was
often necessary to eject such in
truders.