The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-19
IN THE DISTRICT COURT
The B., A. g. P. Wins It's Condem-
nation Suit.
NOT A PUBLIC NECESSITY
That Was the Ground Taken by Heinza
Interests-Catherine Burton Brings
Suit Against the Sheriff to
Prevent Dispossession.

The condemnation suit of the Butte,
Anaconda & Pacific against Gregory
M. Lyons, F. Aug. Heinze, George H.
Casey and others was on hearing before
Judge Lindsay of the district court yes
terday. on an order to show cause why
commissioners should not be appointed
to appraise the right of way sought to
be condemned. The Heinze interest,
represented b. John ]. Mediation, and
Casey and Lyons, represented by F. T.
| Mcbride, made a strong fight against
the proposed condemnation. The suit
was brought to obtain about a mile of
right of way for the Missoula gulch
branch extension from a point on the
st. Lawrence to a point on the Mill
view, traversing the Pennsylvania,
Rarus, Sullivan, Comanche, Smeter,
Shannon, Edith May, Great Eastern
and Parnell, besides a number of others
| over which the plaintiff secured a right
of way from the owners without the
| necessity of bringing condemna ton
proceedings.
Casey and Lyons first filed demurrers
to the complaint on various grounds,
which were argued and overruled, and
then testimony was taken on the order
to show cause. A copy of the charter
of the B., A. & P. was introduced in
evidence, and several witnesses testi-
fled as to the need of the ground for
the right of way. The defendants
sought to show that the plaintiff was
private enterprise and the ground
| i III.
private purpose. At, the conclusion of
the evidence they made a motion for
judgment on the pleadings on num-
Der of grounds. One was that as the
law of the state required a railroad
company to build yearly at least Is
miles Of road on all its lines and
branches, or forfeit all rights under its
charter, and the plaintiff having failed
to do SO it had forfeited its right ard
its charter. Another ground was that
the right of way was not wanted 60" a
public use, and that it was not a public
necessity. After the motion had pce2l
argued on both sides it was overrule1,
and the court. appointed James H. Md
loney. j. r. Russell and Louis Stett-
heimer as commissioners to appraise
the property represented by the defend
| ants who appeared in court, being an
interest in the Millview, Edith May,
Great Eastern and Parnell. The hear
| ing as to other defendants who were
not served was continued William
Scallon and w. w. Dixon appeared for
the railroad company.
| Catherine Burton, one of the famous
| Hesperus litigants, commenced an ac-
| ton yesterday against the sheriff to
| enjoin him from trying to diSpossess her
of that portion of the ground occupied
| by her. She says in her complaint that
| last Friday the sheriff, by his agents
| and deputies, wrongfully and without
a valid writ or authority, entered upon
| her premises and attempted by force
| to eject her. and they still threaten to
| drive her off, and if they do she will
| suffer great and irreparable injury
| She asks that the sheriff be required to
| show cause why he should not be re-
strained for interfering with her pos
| session of the premises. Judge Clancy
| issued a temporary restraining order
and an order to show cause was set for
| hearing Saturday morning.
| Henry Muntzer yesterday commenced
| suit against A. Pincus for $2S3.2S due
on five separate notes executed June q.
| 1885, and drawing l per cent. a month
| interest. The notes were of printed
| form and provided for interest per
! annum,' and filing out the blank
| Muntzer claims, the words per an
| num- were by mistake allowed to re-
| main, when per month" was intended
| thus making the interest only l per
| cent. per year. He asks to have the
| notes revised.
Jesse J.. Seward yesterday COM
menced a suit for divorce against Mabel
! G. Seward, on the ground of desertion.
He says in his complaint that they
| We're married in st. Paul on Feb. TO-
1897. and lived together just 10 days
when the defendant deserted him and
| refused to live with him any longer
| Seward says he always conducted him
| self as husband should, and has re-
| quested his wife to come back but she
| has refused to do So She still lives in
/ St. Paul.
The report of the district court shows
that the jurors fees paid in March
amounted to $4,4S2, and witnesses fees
| to $l4S50.
The suit of c. S. Passmore against
the school district was dismissed yes
| terday as settled.
A gigantic Whiskey and distillery
trust, with a combined capital of $780,
100000. has just been formed. The Cen
tennial brewery is not in the deal, how
ever, and the same excellent quality