Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-23
ANACONDA News
ANACONDA OFFICE 1904 CONNER
C1AL AVENUE.
DISTRICT Court
Jury Not Secured in the Per-
singer Case.
Lesser CASE IS DECIDED
Demurrer is Sustained in This Matter
Related to a New Improve
ment District.
Lesser CASE IS DECIDED

Judge Napton overruled Counsel Self
motion made yesterday in the Persingel
murder case. The first II trial jurors
called to the jury box were Dan Dwyer
F. E. Hengall, D. w. Ward, Henry Sharp
j. f. Twohy, I. j. Ward, Gus Restenbatt
Eph Staffanson. z. H. Colder, j. T. Mas
colt, John Bergman and Frank Thibo
deau. The examination of jurors was
commenced at 1870 p. IN. by County At
tOrney Duffy.
The state challenged F. T%hibodeau,
Henry Sharp. ]. T. Twohy, Jno. Berge-
man, F. j. Ward and Peter Pierce. David
Scott, Chas. Roman, c. w. French, Err
nest Jacket. James Ahern We're challeng-
ed by the defense. John H. Lancaster
was challenged by the state as was j. H.
Dezell of Anaconda. When court adj
journed the regular panel had been ex-
hausted and there We're but II jurors in
the box as follows:
Messrs. Hengell, d. w. Ward. Mascot,
Ristenbatt, Staffson, Dwyer and Colder
OF the original IL and the following four
new ones: Joseph Sladich. Anaconda; B.
thompson, Deer Lodge; NJ. Mattheson,
Deer Lodge; Tim Buckley. Deer Lodge.
This exhausted the panel. Judge Nap
ton thereupon ordered a special venire of
oS - AAoSA -od
On yesterday Judge Napton handed
down a decision sustaining the emurre
OF the city to the complaint of DIR. Oliver
Lesser. who is suing the city treasurer.
Or. Lelser's suit is to enjoin the treasurer
from selling certain property owned by
the doctor in special improvement dis
trict No. Ii in this city at tax sale for
n~on-payment of improvement tax.
The plaintiff claims that the tax was
absolutely void for the reason that 1.-The
nm v-oc tot "
said sewer district upon the petition Of a
majority of the owners Of the foot 'front.'
age of the property abutting upon the
proposed line of the said sewer,'etc. 1t
Will be readily seen that the law does not
require "a majority of the owners of the
loot frontage under any circumstances
put says the council may cause sewers to
pe constructed in any district whenever
the owners of a majority Of the foot
frontage, of the real estate within that
part OF the district affected thereby petit
ton therefor"
The complaint further states NOR was
any petition presented to the said CITY
council to establish, lay down and con-
struct any sewer or to establish any i'm
provement district over, along or upon
me street or alley abutting upon blocks
%, u, SO, 1OS and 113 Of the city of Ana
conda. included in said improvement dis
trlct NO. IL, as attempted to be establish
ed and created by said resolution"
Inc law is framed so that upon petition
OF the owners of a majority of the feet
frontage in the district for such purpose.
the council may be compelled to establish
a W district and construct the sewer,
Tor the word may" in this connection
would be continued to mean "shaI,
where the rights Of the public are affect
ed; but If the territory is, in the opinion
or the council. in need of a sewer for
sanitary purposes and the owner or own
ers OF the feet frontage decline or neglect
to present such petition, then the co1no;i