Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-07
Has Not Given Up His Montana
Citizenship.
HE FILES AN AFFIDAVIT
In Connection With His Guardianship
of MinOrs-Suit for $4,000 Al
legged Damages.

change scenes for a while, has not gone
to the Philippines to assist in the SUBJ
jugatlOn Of old "Agy'' and his dusky
followers, as was reported a few weeks
ago, but is in Washington, D. c. If the
following affidavit made by him on the
2nd instant and filed in the district court
here today is a criterion by which to
form a conclusion. he has not even given
up his Butte residence and does not in
tend to do SO:
I'm the matter of the estate of Cath
crime O'Brien and George and Alfred
Hale, minors
"Emmet Callahan. being first sworn,
deposes and says: That he is the duly
qualified and acting guardian of the
above named minors: that for nine years
he has been and Is now a bona fide resi-
dent and citizen of the state of Montana;
that for business and personal reasons
he has been temporarily absent frora the
state for the past 80 days; that it has
never been and is not now his intention
to permanently leave the state, but it
Is his intention to return; that he has
not by any act or deed severed his citi-
zenship or changed his residence from
Montana: that all his real and personal
property is situated within the state.
AS eidence that afiant has never in
tended to or changed his citizenship or
residence from Montana, afilant as late
as the Goth of October entered his APP
pearance as an attorney in the supreme
court of the United States of America,
giving his name and address as follows:
Emmett Callahan, attorney, Butte City,
State of Montana That affiant accept
ed and acted as the guardian of the
above-named minors only after he had
been repeatedly requested so to do by the
said minors and their relatives and
friends; that the record and files in the
above-named estate will show that the
said minors and their relatives made
written and oral requests that the court
appoint affiant the guardian of said
minors; that there never has been a time
from and after the appointment of af1ant
that affiant would not have gladly and
willingly resigned his trusteeship as the
guardian of said minors, and that affiant
has repeatedly offered to resign. but the
minors and their relatives insisted that
he retain the same.
''That in the matter of the guardianship
of Catherine O'Brien, affiant says that on
or about March 1, 1899, in the presence
Of Mr.. Kohl, attorney, Professor Rice of
the Butte Business College and Catherine
O'Rrien, the said minor, afliant offered to
make an accounting and there and then
offered to pay her and the gentlemen
named the money held by affiant as said
guardian, but said minor was satisfied
with the guardianship of affiant ana
again requested him to continue as such
guardian.
THAT affiant stands ready and willing
to at any time make an accounting in the
estate mentioned and pay the whole
amount due the minors; that from the
day of his appointment to the present
time he has given the most painstaking
care and every consideration for the ma
terial and intellectual welfare and COM
fort of said minors; that their said es-
tates nave been cared for and husbanded
in the most careful and business-like
me and that said estates remain in
tact; that the personal property n
money belonging to said estates is now
and always has been within the jurisdic-
ton of the above entitled court.
"Affiant further says he received the
following letter from Charles O'Donnell:
"'Butte. Sept. IA. 1S99.-Colonel Emmett
C~allahan-Dear Sir: I received your let
ter about the Hale estate. / would have
replied sooner, but have been away on
my ranch. Everything is all right about
the estate. I know you have a a hard
time caring for the boys. but you did it
well. You are right to keep them at
school: that is more than anybody else
has done for them. | will collect the rent
for you and see that the boys get it to
pay the board. If I were you ! would not
think of r~esigning, as everything will be
all right. and the boys will do more for
you than anyone
"Aniant further says that he, as the
guardian of the above named wards.
loaned s.. 1000. the funds of the wards, to
the Bee Hive Company; that the money
was loaned at the request of the minors
and their relatives: that before the loan
was made the minors and their relatives
insisted that ii be made: that he accepted
promissOry notes for the S.. 600 and there
is now a suit pending in the above named
court involving the ownership of said
votes: that plaintiff, Emma Callahan.
never did have and has not now any in
terest or title in or to the said notes or
the money represented by them for the
good and valid reason that she never had
any money to invest or loan in any
amount whatsoever"
The affidavit was sworn to before John
r.. Young, clerk Of the supreme court Of
the District of Columbia.
The making of the affidavit is supposed
to be the result of allegations made in
cour to the effect thai Mr.. Callahan had
left the state and did not intend to return
and that the property of the minors was
In danger of collapse by reason of i'm
proper attention.
Judge Lindsay signed to-day the judy
ment in the suit of Charles W. Cannon
and Joseph Y. Long against l.. s. Hatch
and William Harkins. The terms of the
document are said that the defendants
are forever restrained from entering up
on the ground on witch they started to
build a race track last summer. bat
were interfered with before the work
was completed.
John Rochester began a suit against
the Butte Street Railway company to-day
to recover judgment for $40. 900 for in
juries alleged to have been sustained by
him at the hands of q conductor on the
Meadervil!e line while riding from the
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