Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-09
DONOVAN WILL DO NOTHING
IN REGARD TO INSPECTOR
BYRNES-SAYs GOVERNORS
APPOIN rMEilT IS LEGAL
FRUIT GROWERS IN SESSION,
Board of Horticulture Fixes It's Regu,
lations for Work During the
Coming Year.
Special to Inter Mountain.

Special to Inter Mountain.
Helena, Mont, April 9. - Patrick
Meany, one of the disappointed candi.
dates for the office Of state mine inspec-
tor, is after the scalp Of John Byrnes. his
successful rival He has sent a letter to
Attorney General Donovan calling upon
him to bring quo warranto proceedings
against Byrnes and have the office de-.
clared vacant. He says the term ended
February l. Byrnes was appointed by
the governor February 13, and turned
down by the senate February Is He then
says that though the governor had
plenty Of time before the end of the ses-
sion to make another appointment and
obtain the consent Of the senate, he
waited until March s. the day after ad.
1ournment, and reappointed Byrnes,
thereby evading the consent of the sem
ate and violating the constitution and
also the law creating the office. He
claims that this is flagrant usurpatiou
of power.
The attorney generals reply states that
he finds the action of the governor to be
within his powers and there has been
no violation Of the law on the part OF
either the governor or Byrnes. He says
no one other than Byrnes claims the Of
fee or asserts any right to 1t. and he
declies to institute proceedings.
County Attorney Mcconnell this morn
ing asked Judge Smith to set the murder
case against DR.. T.. s. Kellogg for q
second trial at an early date. Albert
Loeb, for Kellogg, asked that the case
be continued until the next term Of court
on the ground that the principal witt
nesses for the defense are absent from
the state. He filed an affidavit that
Mrs. r. A. Sloan, the woman on whom
Kellogg claimed to have been operating
at his sanitarium at the time he is ac-
cused of having performed the criminal
operation on Adeline Bromley, was at
Portland, and i'll; that her husband is
now In Pennsylvania and her mother in
Kansas City, according to his belief He
claimed that these are the only wit
nesses who can rebut the evidence of
Laura Rogers as to the alleged crime.
He wanted time to produce them in per-
son or obtain their dispositions. McCon-
nell objected on the ground that due
diligence had not been shown, and tina
case was set for trial next Tuesday.
The state board Of horticulture is COM
pfeting the session, at which it has re-
Vised the rules and scale of fees in &C.
cordance with the new law. which has
been declared valid by the attorney gen.
era.
Rule 6, which provides for the annual
inspection of orchards. is amended to
read that inspection shall be annual UNI
less otherwise ordered by the board
Rule is changed to provide that in
spectors shall report weekly instead Of
monthly. as hitherto.
Rules 12, 49, IA. Is and 16 are cut out
altogether. and their revised provisions
all embodied in new rule u. This pro-
vides that inspectors shall not allow any
fruit they find diseased TO he shipped out
of the state. but must have it destroyed
by burning.
All fruit that passes inspection must
be stamped to that effect, with the date.
the fees for inspection are: For each
nursery. $40; for each car load Of nur-
sery stock. $40, or in a proportionate sum
for less quantities: for each box or pack
age of fruit. two cents, with a maximum
fee of IS for each separate lot or car.
load.
Officers We're elected as follows: S. NJ.
Emery. Manhattan, president; c. II.
Edwards, Missoula, secretary; inspec-
tors, first district, Olney Taylor, Park
City; second district, and inspector at
large, DIR. E. d. Wilcox, Washington, d.
c.: third district, c. Fl. Campbell. Great
ais, IouflH district. w. Is. Harlan.
Como, and J. q. Read. Missoua; fifth
district, o. c. Estey. Holt.
Resolutions We're adopted suggesting
that consumers purchase only fruit that
bears the name of the grower on the
package. The board is now working on
I ans for inspection.
The city council last evening voted to
park Sixth avenue by planting silver
leaf poplar. box elder. balm of gilead
or white willow trees at intervals Of
thirty feet
The Kesser Brick and Sewer Pipe
company Is putting in machinery to
double the present capacity of the plant.
Miss Maud Tinsley. a schoolteacher at
Great Falls. has applied to the state su-
Perintendent for advice as to what REM
coy she has for summary dismissal
without specified cause. She says that
only the week before the board had given
her strong recommendation for fellow
ship in Columbia college. The only rea-
son she knows of is her having worked
at the election for free high school,
to which the board was opposed.