The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-30
DECISION IS SUSTAINED
Against Claimants in the Flor
ence Placer Contest.
CERTAINLY NOT MINERAL
And Very Poor Agricultural-A Suit for
5000 Damages Begun by Fl. II.
Mcdonald Against John
and Nicholas Powers.


rotary of the general land office, in the
Florence placer contest, sustaining the
decision of the receiver of the Helena
land office against the mineral claim
ants, was filed with the county clerk
and recorder yesterday The ground
covered by the Florence lies al the
southern extremity of the city on the
right side of the street railway race
track line, and Silver Bow creek runs
through the tract The ground is own
ed by Joseph Mcfarland who pur-
chased it from the Northern Pacific as
agricultural land. Henry l.. Haupt
and others jumped the ground, and To-
Gated it as a placer on Feb. IS, 1899,
and applied for a patent Mcfarland
entering a protest and alleging that
Haupt and his partners had sailed
the ground with gold in order to get
the necessary affidavits to support their
mineral entry. AT the hearing sew
eral men claimed that they had seen
a few colors PANIED out on the ground,
and w. F. Cobban and John Ducie
testified that the ground was mineral,
though they had never examined it.
Other witnesses and experienced pros
pectors testified for the contestant that
they had prospected all over the ground
at different times and could not find
a color, while other witnesses testi-
fed that the late James Tuohy used
to raise hay and garden truck on the
ground The register found that the
land could not be rated as good or
even fair agricultural land, but that
1t certainly was not mineral, and de-
cided in favor of MCFARLAND. Haupt
appealed and asked for a reversal or,
at least, a rehearing, both of which
have been denied by the land office
on the ground that there was no evil
dence that the ground had any min
eral value whatever.
H. H. Mcdonald yesterday commenc-
ed a suit for $4,000 damages against
John Powers and Nicholas Powers be-
cause of an alleged malicious arrest
and imprisonment. He says in his
complaint that last month he leased
house at No. 725 West Quartz street
from Luce Herman and paid him one
| months advance. After he had taken
possession of the property the defend
ants notified him that they owned it.
and that he should vacate. They
brought suit against him for posses
sion and damages, and got a judg
ment for possession. Mcdonald says
| he got out within the time designated
|, by the court, but that before he did
| so the defendants called on him and
| abused him and threatened to put him
in Jail. 1t is alleged that the defend
| ants conspired to carry out their
| threats, and John Powers went be-
| fore Justice Harrington and charged
| him with malicious mischief for which
| he was arrested and imprisoned for
| is hours. At trial he was acquitted,
and he alleges that in having him ar
| rested Powers acted maliciously and
| without probable cause, and the plain
| tiff has been damaged and injured in
his reputation to the amount of $1,000,
| for which amount, in addition to S25
| paid out for counsel's fees, judgment
is demanded.
In the suit of the city against James
Eva and others to condemn property
| for the opening of Granite alley, Hen
| ry Jonas, one of the defendants, yes
| terday filed an answer in court deny
| ing that it is necessary to use the
| property sought to be condemned. Jo-
mas owns the Loeber building on Gran
lite street, and he says the alley, as
proposed, will cut off the work room
of his tailoring establishment and ir-
reparably injure his business house.
| He suggests that the ground for the
alley be all taken from the rear of
the north lots, which would damage no
buildings, and could be obtained at less
expense than the ground now sought
| to be condemned.
| der appointing NJ. e. LIE Blance guar
dian ad Item for William larry, a
minor, who is one of the defendants
in a suit brought by the boys father,
| James larry, to recover possession of
some city property.
The sheriff yesterday made a return
on the sale of some property to sat
isfy a judgment in the case of the
First National bank against j. f. Gay
lord and D. G. Butcher. The prop
erty sold is lots 49, 10 and 20 and the
east II feet of lot H. block 5, Travonia
addition. The bank bought it for the
amount of the judgment, $6,S8SsS.
Sister Mary Louisa, executriX of the
| estate of Marie Bertha Wolf, filed an
| inventory of the estate in court yes
! terday, placing its value at 81, 74225.
The administrator of the estate of
| Stanislaus e. Hirbour, deceased, pc
| titioned the court yesterday for leave
| to do the development work on the
! Venus lode claim and to repair the
| building on lot 27, block %, belonging
| to the estate.
Under Sheriff Murphy yesterday made
| a complaint against Billy Stokes,
charging him with insanity.