davidaulloa/AmericanStories huggingface dataset:
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
He OVERRULED THE PLEA
An Important Decision by Judge
Lindsay.
IN THE B. & M. LITIGATION
One of the Injunction and Damage Cases
Brought Against the Montana Ore
Purchasing Company After
Kinds Was Appointed.

An important decision was made yes
terday by Judge Lindsay of the dis
trict court in one of the injunction and
damage cases of the Boston & Mon
tana company against the Montana Ore
Purchasing company. The action was
brought after Thomas r. Kinds had
been appointed receiver, and the de-
PENDANT entered plea in abatement on
the ground that the receiver though he
was not in possession of the property,
was the only party that had power and
authority to bring and maintain the
action. The court overruled the plea,
and in doing so said: 1.-THE court Is
asked to determine whether at the time
the suit above entitled was commenced
the plaintiff was, in contemplation of
law, capacitated to maintain the action.
1t is contended that the proper party
plaintiff would have been the receiver
heretofore appointed, who, though not
in possession, 1t is claimed was entitled
to the possession of the premises in
question at the time of the commence
ment of this action. It Is conceded that
the property was then, whether right
fully or wrongfully, in possession and
under the control of the plaintiff. After
a careful consideration of the subject, I
have arrived at the conclusion that If
the premises had passed out of the
hands of the Boston & Montana COM
pany into the possession of the receiver
when this action was brought, there
would be sufficient reason to sustain the
plea in abatement. 1t not so appear
ing, the actual possessor had, in my
| judgment, a right to sue for the wrong
full taking and carrying away of prop
erty. Even though considered but a
bailee, the person in possession has a
right to sue any wrongdoer who wrests
property from him.
1.-THE court is also presented with a
showing to the effect that the receiver S
| right of possession at the present time
| is denied by the supreme court of the
| state. and he cannot therefore be con-
sidered as now having right to main
| tain this action: so that to sustain the
| plea in abatement here interposed
| would only be upon the most technical
| consideration and would answer no
purpose, nor would the court thereby
| find that another than the plaintiff dc
now proceed with the action and pro-
tect the rights involved. The plea is
| therefore oVerruled."
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
"eeth extracted without pain. D
Wix.
AT THE CHURCHES.

Church services will be held in Butte TO-
day as follows:
st. Johns Episcopal church, S. c. Black
iston, rector. Litany sermon and Holy
Communion at II. Evening prayer and
sermon at 1880. Sunday school at 1890.
First Baptist church, corner Broadway
and Montana streets. Rev. j. E. Mott
singer, pastor. Residence, GA West Quartz
street. Worship at II a. m. and s p. m.
Morning subject, "Why Should I Join the
church," Evening subject, Divine AS
| surance." Young Mems prayer meeting at
1o:40 a. m. Sunday school at 1920 p. m.
Young Peoples meeting at p. m. Prayer
meeting at s o'clock Wednesday evening"
Junior Young Peoples meeting Friday af-
| ternoon at o'clock. The Lords Supper
| will be observed at the close of the morn
+! ing service and the hand of fellowship
will be given to new members. There will
| be meeting of the membership commit
! tee at the close of the morning service.
Everybody welcome.
| Calvary Sunday school at $50 East Mer-
| curry street. L.. r. Foote, superintendent.
| Sunday school at p. m. Come and bring
your friends.
Zion Sunday school at Williamsburg at
2:30 p. m. M. L. Setter, superintendent.
You are invited
Scandinavian NJ. E. church, corner of
Copper and Alaska streets. J. ]. Field,
pastor. Regular services to-day at II a.
m. and 7:45 p. m. Sunday school at 1905
p m. All Scandinavians are welcome.
First Presbyterian church, E. j. Greene
weld, pastor. The regular church services
will be held at II a. m. and p. m. Sun
day school at 1915 p m. Endeavor meet
| ings at lis and p. m. Prayer meeting
| Wednesday evening and teachers meeting
| Friday evening. All are cordially n
vited.
| South Butte Presbyterian church, cor
ner First and Utah avenue. Pastor, Rev.
Frederick Tonge. Next Sabbath morning
the pastor will preach from 1.-THE Intro
drction of Two Young Men" Service at
| II a. m. Sabbath school in the afternoon
at 2:30 prompt. Mr.. Carroll, superintend-
| emit. Christian EndeaVor at 7 p. m.
| prompt. Mr.. Dyer, superintendent
| Preaching service at p. M. Subject
Suddenly" Midweek service Thursday
| evening at p. m.
! At the Auditorium: Mountain View
Methodist Episcopal church services in
the Auditorium as follows: Preaching by
the pastor j. l.. Albritten at IL a. m. and
.. M Glass meeting at 10. j. L. Will
liams leader. Sunday school at 12:15. c.
H Repath, superintendent. Epwortt
| league meetings: Junior, $3.50; Senior, Z
| in the church. Morning sermon, "The
| Christians Hold on Cod Evening, 1.-THE
Strength of Young Man and Woman
| hood
Grace NJ. e. church, corner Second and
| Arizona streets. Preaching at II a. m by
| the pastor and at p. m. by Rev. Shippin
| Sunday school at 2:30 p. m. Epwortf
| league at tbs p. m. The regular prayer
| meeting Wednesday evening at 745. Ev'
| erybody invited.
Unity NJ. E. church, Meaderville. Rev
| J. Hosking, pastor. Residence, 935 Ari.
| IONA street Glass meeting II a. m. Sun.
| day school at 2:30 p. m. Epworth league
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
IN HUMOROUS VEIN
Was the Testimony of j. A. Murray i
Earkin Case

Was the Testimony of j. A. Murray in
Earkin Case
James A. Murray returned from Salt
Lake yesterday and was called to the
stand to testify in the Larkin case. He
noticed change in Larkin's demeanor
after 1890. Mr.. Leonard asked the wit
ness If in his opinion Larkin was COM
from 1890 to 1898, and Mr.. Murray re-
piled:
''Well, would not have entrusted to
him any of my business affairs
Mr.. Murray said, in answer to a ques-
tion that he had no dealings with Lar
kin in regard to a certain mortgage wit
ness held, stating that this document
had been assigned to him by J. "A. Talbot
and satisfied by Captain Palmer. Wit
ness thought that Larkin was sane
enough at the time to understand the
nature of the instrument.
Mr.. Forbis-Would you forecIose a
mortgage on man who did not know
what he was doing?
Mr.. Murray-Well 7 am not in the
habit OF running around the country
protecting men,
Mr.. Forbis-Do you think Larkin was
sane enough to have papers served on
him?
Mr. Murray think he knew enough
to go into the house out of the rain.
There were several questions and an
swers in this vein. and finally Mr.. Muir
ray turned to Stenographer Ma cdougall
and asked him if he were putting "all
this foolishness down. and the short
handler renlied that he was.
when did you first notice that Lar
kin was entirely insane?" asked Mr..
Forbis.
Il never noticed it, replied the wit
ness. who was then excused.
Before leaving the room one of the
lawyers, saying that he bad forgotten
something, asked Mr.. Murray. "Were
you ever in the employ of Mr.. Heinze ?''
II worked for him for time, but at
present I am not in his employ" and
then everybody smiled The hearing
was adjourned till tomorrow morning.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
OF the Montana Herbart Club Will BE
Held Friday.

OF the Montana Herbart Club will BE
Held Friday.
The quarterly meeting of the Mon
tana Herbart club, one of the principal
tributaries of the Montana Educational
club, was held Friday evening in the
parlors of the McDermott hotel The
object of the meeting was to discuss
the papers found in the fourth year
book of the National Herbart society,
the social function of history, the reIa-
ton of knowledge to will and conduct
and kindred matters. Those taking part
in the discussions were President O. J.
Craig of the State university at Mis-
soula; Supt. M. A. Stapleton of the
Anaconda schools; President James
Reid of the college at Bozeman; Supt.
j. E. Klock of the Helena schools; W.
H. johnson of the Helena High school;
Mrs. M. S. Cummins of Helena; w. A.
Dunn of Helena, Superintendent Hen
bricks and other educators of this city.
The officers of the club are: James
Reid, president; w. H. Johnson, chair
man of the executive committee; M. A.
Stapleton. secretary.
The members visited the city schools
Friday and yesterday all except Messrs.
Dunn and Stapleton returned to their
homes. The latter gentlemen went to
Anaconda last evening, where Mr.. Dunn
will be the guest of Mr.. Stapleton over
Sunday.
$40 sets of teeth, $40. DIR. Wix.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
Proved His Case.

From the Philadelphia Inquirer.
Papa" said little Elmer, why didn't
Santa Claus bring Mildred a train of
choo-choo carsg'
oh the childs papa replied. 'little
girls don't care for choo-choo cars.
They would rather have dollies"
Little Elmer thought the matter over
for a moment and then said:
But I liked choo-choo cars when I
was little girl"
when you We're a little grip"
laughed his papa; why, you never
We're little girl!'
Taking the man bv the hand the child
led the way to closet, and, pointing
to some recently discarded garments
that We're hanging there, trumphantly
declared
Now! Wasn't a girl when I wore
dresses, and didn't I like choo-c hoo
cars them"
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
SPECIAL EXAM NATION
Will Be Held for the Position of Postal
Clerk and Carrier,


Clerk and Carrier.
A special examination will be held on
June in Butte by the postoffic' board Of
examiners of the United States civil SER
vice commission for the positions OF clerk
ard carrier in the Butte posEoiFce. Only
citizens of the United States may he ex-
amined. The examination will begin at 9
a, m. 1t will consist of spelling, arithme-
tic. letter writing, penmanship, copying
from plain copy, geography of the United
States and reading addresses. The arith-
metic will consist of tests in the funda-
mental principles. extending as far as
common and decimal fractions and en-
bracing problems.
The age limitations for this examination
are as follows: Clerk. not less than Is
years: carrier, between q and 40 years.
Applicants for carrier must weigh at least
1875 pounds, must be not less than feet
4 inches in height, and must file with
their applications a medical certificate.
on form 49, showing them to be not I'M
der the required weight and height and
to possess the required physical qualifi-
cations.
No application will be accepted for this
examination unless filed in complete form
with the board at the postoffice in the city
named above before the hour of closing
business on May 20, 1892
This examination is open to all citizens
of the United States who may desire to
enter the service and who comply with
the requirements; all such persons are
invited to apply. But attention is invited
to the fact that it is the practice of the
postoff1ce department in making appoint
ments to the grades Of clerk and carrier
to give preference to those elgibles who
are legal residents of the city and vicinity
where the examination is held. Subject
to this preference applicants will be ex
amined, graded and certified with entire
impartialty. and wholly without regard
| to any consideration save their ability
as shown by the grade they attain in the
examination.
The mayor is here, and so is Dentist
| Rinehart
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
PETITION IN BANKRUPTCY.
Proceedings Have Been Instituted b,
Elmer Olson.


Bankruptcy proceedings were insti-
tuted yesterday in favor of Elmer Oh
son, who, until March % last con-
Quoted a candy business in South Ari-
iona street, in this city. The papers
were forwarded to Helena to be passed
upon by Judge Hiram Knowles of the
federal court, now in session in that
city. Mr.. Olson petitions the court to
be adjudged a bankrupt, stating in his
petition that he is unable to pay the
$2,447.62 which is staring him in the
face. His assets, according to the
schedule filed, are composed of open
book accounts, $162.50; one bicycle, $40:
one weeks salary due from w. E. KEEL
logg, for the week ended May 6, SIS,
making a total of $200.5O.
His creditors are Eastern business
houses and the Silver Bow National
bank of Butte, which holds note
against the petitioner for $500. F. L.
Goodnough of Helena also holds note
for $S07.55.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

white quartz and says that 1t is liter
ally filled with free gold. Some of the
samples have been assayed and showed
5000 to the ton.
1.-THE lucky discoveries have quit the
railroad and have gone into the coun-
try to develop their property. The
news of the discovery has caused great
excitement in that portion of the coun-
try and the consequence is that hun
dreds of prospectors are flocking across
the desert -
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

Notice.

l have for sale, a few miles from Big
Timber, Montana. 125 head of 2. 8 and
4-year-old heifers, mostly springers.
Also % head of yearling heifers. There
are about Is calves already dropped and
more expected from now on. Anyone
wishing to buy such young stock can
correspond with me at Big Timber,
Mont. l can on short notice deliver at
any stockyard on the Northern Pacific
road, east of Helena, any number up to
200 head. H. ENGEMOEN.
Big Timber. Mont, May 2. 1899.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
A Lesson in History,

From The Chicago News.
Little Frances-Papa. my teacher told
me to ask you to tell me something about
Victor Hugo. Tomorrow she wants me
to tell the class what was the most i'm
portant thing he ever did.
Papa (who pretends to know it alb
Victor Hugo founded the Huguenots-but
say, tell your teacher I'm payin school
taxes and I don't propose to have to do
her work. Make her tell you about il
herself, and see how she likes It
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

One look at Schatzlein sign will tell
you why Schatzlein paints the most of
the signs.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
$40 sets of teeth, $40. DR.. Wix.

Just received, large consignment OF
the celebrated Julia Marlowe fine shoes
and Oxfords. Ladies, call and see them.
25 West Park. Tassell, sole agent.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

Tassells shoe sale is the talk of the
town. Take advantage of it. rs West
Park Tasselrs.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

Northwest Coal company dealers in
wood and diamond coal. Satisfaction
guaranteed. Telephone No. sos.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

For catarrh Of the head. throat and
stomach, try Clarkes Rocky Mountain
Mineral. 1t cures. All druggists.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
STATE SAVINGS BANK

Corner Main and Park, Butte.
OFFICERS:
John A. Creighton. President
G. w. Stapleton. Vice President
T. M. Hodgens ACKNOWLEDGEMENTS Cashier
Paid In Capital $4,000.
Surplus and undivided profits. $4,000
Under state supervision and jurisdiction.
Interest paid on deposits. Sells ex-
change available in all the principal cit
les Of the United States and Europe. Col
lectlons attended to promptly. Transact q
general banking business.
Dlrectors-John A. Creighton, Omaha:
G. W. Stapleton, A. H. Barrett. e. D.
Leavitt, s. Y. Kemper. T. M. HodgenA
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

DR.. Wix, dentist, Broadway and Main
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07
QUARTERLY MEETING

$40 sets of teeth, $40. DR.. Wix.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-07

The mayor is here, and so is Dentist
Rinehart.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
Smallpox at Seneaquoteen.

DIR, Elderkin, the county physi-
clan, was called to Seneaquoteen this
week to investigate what was sup
posed to be a case of smallpox. He
found two cases of mild form, the
patients being the children of Jas.
Arderly, who lives just across the
river from the Seneaquoteen post
office. The disease was brought
from Spokene, where one of the
children had been receiving medi-
cal treatment.
AS will be seen by the commits
sioners proceedings of yesterday
the place has been quarantined and
every precaution used to prevent
it spreading.-Blade.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
Church Services.

Catholic.-Mass at the Catholic
Church on the 4th Sunday of
each month, at 1870 a. m. Sun
day School at 2:30 p. No., every
Sunday.
REV. T. ]. PURCELL, Pastor.
PRESBYTERIAN Morning Services,
1920; Sunday School, every
Sunday, l1:3O, a. m. Young
Peoples Meeting, every Sunday,
7:30 p. m. Evening Services, 8
o'clock. Prayer Meeting, every
Thursday evening, 8 o'clock.
Preaching services every Sunday,
morning and evening.
Rev. JOHN H. Hope,
Pastor.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
Smoke Commanders Club.

Mr.. c. D. Rowell and Mr.. Tom
Huston are building the section
houses and water tanks for the
Kootenai Valley road, having been
awarded the contract.
The Bonner Mercantile Co. is
having a corral and shed built, adj
jacent TO their warehouse, for the
accommodation of their patrons
teams, when they drive to town.
We have recently made large
additions to our stock of Furnish
ing Good, Shoes, and other lines
Do not fail to consult us before
purchasing your fall supplies
Kootenai Trading Co.
Owing to change of time, No
4, tee Eust bound passenger train
r.iirs- At l:5 ,. M, - ai"Htcs
earlier than formerly. No. 3 arri-
yes at the same time as formerly
Weunderstand thai another change
will be made little later, putting
into effect a winter schedule.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21

Eat plenty, Kodol Dyspepsia
Cure will digest what you eat. 1t
cures all forms of dyspepsia and
stomach troubles. e. r. Gamble,
Vernon, Tex. says, 1T relieved
me from the start and cured ne.
1t is now my everlasting friend"
J. F. Cook.
Tt did me more good than
anything ever used. My dyspep-
STA was of months standing, after
eating it was terrible. Now | am
well" writes S. B. Keener, Hoising-
ton, Kansas, of Kodol Dyspepsia
Cure. 1t digests what you eat j..
J. F. Cook.
Mr.. u. Montgomery returned
from the Exposition Sunday, hav-
ing taken out samples of his fruit
to place on Exhibition. Unfort-
unately he was too late to enter the
fruit for the premiums, but receiv.
ed some very high compliments
from the judges, who informed him
that had his fruit been entered in
time, he would have won first prim.
ium on three varieties of apples, on,
of pears and one of prunes.
President King, Farmers Banl
Brooklyn. Michigan, has useC
! DeWitt's Lite Early Rirers IN M
family FOR years, Says ;hey AZ,
the best. Thes famous little pill
cure constipation, biliousness anC
all liver and bowel troubles. J. f
| Cook.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
What is Shiloh?

A grand old remedy for Cough
Colds and Consumption; used
through the world for half CEN
fury, has cured innumerable cases
of incipient consumption and re-
lieved many in advanced stages. If
you are not satisfied with the results
we will refund you money. Price
% cts, so cts, and $1.00. For sale
by J. F. Cook, Druggist.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
5000 Reward

Notice is hereby given that citi-
zens and stockgrowers Of the Koot-
enai Valley offer a Reward Of 5000
tor the apprehension and coneic-
ton of any person or persons un-
lawfully killing stock, belonging
to the aforesaid, and 800 Reward
for the apprehension and convic-
ton of each other person implica-
ted in such killing. For further
particulars apply to,
JAMES r ECKERT.
u. MONTGOMERY
G.. K. ANDREWS.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
Sick Headaches,

The curse of overworked woman
kind, are quickly and surely cured
by KarPs Glover Root Tea, the
great blood purifier and tissue
builder. Money refunded if not
satisfactory. Price % cts. and sc
cts. For sale by J. F. Cook.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-10-21
s. D. TAYLOR, Editor and Proprietor

The following statement of the
receipts and expenditures of the
trustees of the Catholic Church, has
been handed us for publication:
The following is statement of
the donations received
Fitzpatrick Bros. $4,000
p. McDermott ........ $1,000
P. Merriman, S. Fallon, Thos.
Desmond, Jas. Casey, w. L. Kin
near, International Hotel, Geo. Mel
con, M. G. Doran, w. j. Frank, T.
Foley, Chas. O'Callaghan, J. Porter:
each 49,. ........... $500
J. p. Beeler ....... So 80
r. J. Gardiner =. ..... $500
Frank Godderis, F. R. Little,
John O'Hogge, J. Mcdonald, W.
r. Shaufer, T. w. Mclaughlin,
Julius Quist, S. E. Henry, VIM.
Elderton, Edwin Doust, H. l.. Carl
ten, Frank Rabadau, Thos. Hold
ship, Geo. Fry, each $3.50. $500
d. McAgner, J. Duke, J. Reilly,
j. Young, G. X. Gray, Vim. Van
Gasken, Brvden 4 Martin, j. F.
Cook, Jas. Egar, John Sehaver, d.
l.. Hope, Tom Miller, J. German,
Henry Melder, G. H. Albert, Robt.
Hulse, w. Wilson, Walter Severn,
T. E. l.. Logan, A. F. Annis, John
Muhlfeld, A. c. Moore, Chas Duffin
J. McMartin, NJ. Sweeney, T. J
Hollinge, j. Washburn, f. A. Reed
J Fitzgerald, and j. f. Callahan
each, .............. $1.0(
T. zimmerman, Joe Kingsley,
NJ. d. Doherty, E. q. Whitney
=. B. Bothel, each .......:.. 81
h. Dogne. Observation-Disclosures. %
Total amount of above
donations. .... .....S157.7i
The following Disbursement;
have been r-ade:
P. McDermott, labor, =. 500C
P. Merriman, labor, .... 75.0C
7. e. l.. Logan, Painting, 25.0C
d. l.. Hope, Drayage, 49,. 2.5t
Total, =. 1852. 81
From the above statement it will
be observed that there is balanc
remaining from the donations o
1925. There yet remains, how
ever, bill of $2760 for paints an
oils, 40 that the church still owe
$22.35 upon the recent Improve
menls made.
GA ST q HT Ia
Bears the :, The Kind You Have AIways Bong
Signature si &zHAzzzm
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-12
NEW YORK; MARKETS.


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