Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-08
THE federal COURT
MOTION IN THE OLD MICHAEL
DEWITT CASE RENEWED
TODAY.

Judge Knowles late yesterday after
noon directed l.. p. Sanders receiver of
the Grand Opera house in the case of
John Q. Bender VS.. Silas f. King ct al,
to have the building re-wired and REM
dered safe from fire. His order was as
follows:
1T is ordered that the said receiver
proceed to enter into a suitable con-
tract with usch person or persons as
shall submit to him the best and lowest
contract for the repairing and remodel
ing of the incandescent wiring in the said
Grand Opera house building, for provid
ing Il new or altering the present switch
board and for making such repairs upon
or replacing the DINNERS in said build
ing with other suitable and safe ones as
that such repairs when made shall con-
form to the requirements of safety ana
the board of underwriters of the Pacific
The report of the receiver shows that
he caused the incandescent wiring
throughout the building to be carefully
inspected and examined by the local
manager of the Board of Underwriters
of the Pacific and by expert electricians.
Mr.. Parkhurst in a written report states
that 1.-The wiring throughout the entire
building is in miserable. wretched con-
dition and should be entirely overhauled
tuted." Mr.. Parkhurst states that if the
work is done a credit of so cents for each
500 insurance carried will be allowed off
the present writing.
Mr.. Parkhurst calls particular atten-
ton TO the wires from the switch board
ON the stage to the foot and proscenium
light and other stage lights and says
that they are extremely dangerous in
their present condition. THE rear switch
board" says Mr.. Parkhurst, lis one mass
of jumbled wires. no care apparently
having been taken to prevent wires
coming in contact with each other. In
case of accidental contact a very serious
fire might result
Receiver Sanders in his report urges
that the work be done without delay
and shows that on a basis of $21 500 in
surance a saving of $3.50 would be
made on the premium.
Judge Knowles this morning signed an
order in the case of E. Rollins Morse VS..
the Montana Ore Purchasing company
requiring the plaintiff to appear and
show cause, on February IA, why the in
functions issued on April %. 1897. and
December 81, 1897, on the Michael Dewitt
property should not be vacated and set
aside on the ground that the plaintiff has
not legal capacity to sue and was there
fore unauthorized to institute the action
upon the ground that it appears by the
record title as we'll as by his own evil
dence that he never was the owner of
five-sixths interest in the Michael Dew
1T lode, nor did he ever have an indi-
vdual title thereto.
1t is claimed that the only title the
plaintiff ever did have to the property
was as trustee of declared trust, to-
wit: as chairman of the reorganization
committee of the Butte & Boston Min
ing company for the sole purpose of con-
vcying the same to the Butte & Boston
company of New York which trust was
duly carried out by him by making such
conveyance on May 3, 1897, as appears
by his deed of record.
An amended answer has been filed in
the case of the Northern Pacific Railway
company VS.. Victor f. Cline ct lux. The
de PENDANTS deny that the plaintiff is the
owner of the west half of the northwest
quarter of section Q, township 9 south,
of range east. They deny that the land
is worth $1,000 or any greater value than
81, 600 and allege that they secured title
to the same from the United States on
August p, 1898, and have ever since been
in possession Of the same.