The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-29
COURT WILL DECIDE It
Mayor Leiser's Famous Police
Force Bobs Up Once More.
THE CLAIMS ARE ILLEGAL
Injunction Proceedings Will Be Brought
to Restrain the Treasurer From Cash
ing Stebbins, Marchion and
Lobeoue Warrants.

The four republicans, who We're in
the majority at the last meeting of the
city council, being four republicans TO
three democrats, worked little trick
of which the end is not yet. In fact
the matter will find its way into the
courts and that at once
1t will be remembered that in 1897,
when Mayor Lesser was inaugurated,
he appointed a police force, which the
council refused to confirm. This po
lice force included among others Frank
Stebbins, John Marchion and Thomas
Lebeouf. The force worked for some
months, but received no pay, and fin
ally the matter of payment of salaries
got into court, where Judge Brantly
decided that the old or regular police
force was the proper body to receive
pay and that the other force had no
standing in court. The three officers
mentioned above worked five weeks
during the races in July, 1897. They
put in their claims, but the bills We're
disallowed by the council
AT the last meeting of the council
the claims for 500 each bobbed up
again and during half hours discus
sion, Aldermen Collins, Devine and
Mcguire asked that the claims be re-
ferred to the finance committee for in
vestigation. This request the republi-
can aldermen resisted and said that as
the men had earned their money they
should be paid urging the view point
that if these men had not worked other
special policemen would have been re-
quired.
When the matter came to a vote the
four republicans voted to allow the
claims, the three democrats voting no.
low Nov, 7 o;. !
the three c limants to City Clerk
OLeary's office and demanded the war
rants. The city cierk refused 10 sign
them, and as city attorney held that
the claims were illegal by reason of
statute of limitations as follows:
'4Sl2 All accounts and demands
against city or town must be present.
ed to the council, duly itemized and
accompanied by an affidavit of the par
ty or his agent. stating the same to be
true and correct account against the
city or town for the full amount for
which the same is presented, and that
the same accrued as set forth, and with
all necessary and proper vouchers,
within one year from the date the same
accrued; and any claim or demand not
so presented within the time aforesaid
is forever barred, and the council has
no authority to allow any account or
demand not so presented, nor must any
action be maintained against the city
or town for or on account of any de-
mand or claim against the same, until
such demand or claim has first been
presented ITO the council for action
thereon
From this it will be seen that claims
must be presented within a year. The
bills referred to are nearly two years
old
The mayor insisted that Colonel
OLeary sign the warrants The clerk
declined and told the mayor that he
could tear them out of the warrant
book if he wanted to. AS city attorney
Colonel O'Leary also informed the
mayor that he would be personally re-
sponsible for the amount if the claims
We're paid. decision Of the Arkansas
supreme court in the case of Russell
VS.. Tate being direct upon this point
The city attorney will at once bring
injunction proceedings against the city
treasurer to restrain that official from
paying the warrants and the matter
will be determined in the district court