The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-21
ANACONDA News.
T0RESTRA|N J.R. WALkUP
Suit Begun in the District Court
Against the Treasurer.
INJUNCTION is ASKED FOR
Another Chapter in the Marchion Case.
The Action Is Brought by the
i Attorney Of ]. e. Nc
Donnen.
INJUNCTION IS ASKED FOR

An action was yesterday begun In the
district court by ]. Il. Mcdonnell against
John r. Walkup, treasurer of the city Of
Anaconda, to restrain him from paying a
warrant for 800 which was issued by the
old city council to John Marchion for his
services as constable during the races in
1897.
In his complaint the plaintiff alleges
that at meeting of the council held on
Monday, May l, the said city council,
without authority Of law, passed the fol-
lowing resolution, to-wit:
BE it resolved by the city council of
the city of Anaconda that the sum of 500
be and is hereby appropriated from the
general fund for John Marchion for any
services rendered during the year 1897,
and said 500 shall be in full settlement
for all labor performed during said
year" "
The plaintiff further alleges that at the
time of the passage of said resolution by
the said city council no bill of any kind.
either verified otherwise of the said
John Marchion for the said sum of 800.
or for any other amount, was presented
to the said city council; that at the time
council John Marchion had no valid or le
gal claim against the said city for the
sum of 800, or for any other sum; that
if the said John Marchion ever had any
claim against the city of Anaconda for
alleged services rendered in the year 1897.
the same was barred by virtue of section
Asp of the Political Codes of Montana at
the time of the passage of said resolution:
that thereafter, on or about May, 3, 1899,
Oliver Lesser, the duly qualified and acting
mayor, and T. O'Leary then the duly
qualified and acting city clerk, issued
warrant of said city upon John r. Walk
up, the duly acting and qualified treasu-
rer of said city, for the sum of $780, di-
recting the said treasurer to pay the said
John Marchion the said sum Of $780, in
pursuance of said invalid and illegal reso-
luton; that at meeting of the said city
council of the city of Anaconda. held on
March %. John Marchon presented his
duly verified claim and account in the
sum of 500, dated March, 1899. for alleged
services rendered special policeman of
said city during the month of July, 1897,
which claim and account was. contrary to
the statute in such cases made and pro-
vded allowed and ordered paid in the
sum of 500, by a vote of four ayes and
three nays the said city council consist
ing of u members. and that warrant for
500 was issued for the said pretended SER
wees IN the year 1885,
The plaintiff claims that the payment
OF said claim and account for the said
sum Of 800 is barred by virtue Of section
ASH of the Political Codes of Montana
that the said John Marchon has now in
his possession two warrants of the city
of Anaconda for the sum of 500 each, each
being for the same pretended services rem
dered to the said city of Anaconda during
the year 1897, and that the validity of the
said warrant has been brought into ques-
wherein one d. d. Twohy is plaintiff and
the said Oliver Lesser mayor, and John
r. Walkup, treasurer, are defendants. and
was at the time of the passage of the
said resolution of the said city council on
May l, 1899 undetermined by the said
court.
The plaintiff further alleges that I'M
less restrained, the said defendant John
R Walkup as city treasurer of the city.
will pay the said warrant for the sum of
800 in favor of John Marchion out of the
funds of the city of Anaconda, thereby
depicting and reducing the funds of said
city and making it necessary to raise the
said sum of 800 by taxation upon the
taxpayers of the city. and thereby caus-
ing the plaintiff herein to pay additional
taxes as taxpayer of the city.
Wherefore the plaintiff prays judgment
that the defendant be restrained from
paying out of the funds of the city the
warrant which was issued in favor of
John Marchion.
j. R. Boarman is attorney for the
plaintiff.
tv,or vi nh OF