Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-04
SUPREME COURT
GIVES DECISION
M, O. P. DENIED REHEARING-
SAVINGS BANK WINS-CAL-
DERHEAD AS A LAWYER.

Special to the Inter Mountain.
Helena. March 4-rhe supreme court
this morning handed down a decision
ir the case of the State Savings bank
of Butte against the stale treasurer for
a writ of mandate to compel the pay
ment OF interest on warrants against
the school of mines building fund Issue
after the passage of the bonding bill.
The court, in an opinion by Justice
Pigott. holds 'that the bank as assignee
of Riddle & Roach, contractors. is en-
titled to interest, as Ito deny it would be
to impair obligation of contract. In de-
livering the opinion the court called at
tention TO a paragraph i'm which 1T Is
stated that the mere fact that a state
officer refuses to perform the duty
which the law imposes on him. is no
reason why the supreme court should be
called on to take jurisdiction of the
matter originally, but that the district
courts are proper forums to which to
apply for redress. It refuses henceforth
to entertain applications for writs OF
mandate or similar writs for that rea-
son alone unless good cause is shown.
The decision of the district court of
Silver Bow county in the case OF Henry
L. Haupt VS.. the Independent Telegraph
Messenger company and THE Citizens
Telegraph and Messenger company ct
an is affirmed. The district court u.s.
sued restraining order against the de-
PENDANTS to prevent them from interior
ing with the plaintiffs exercise OF his
alleged franchise, but Afterwards dis
solved it because the complaint did not
state sufficient grounds. Inc OPINION was
By Justice Milburn.
The appeal of Philip Harrington, ct al,
from an order of the district court or
Deer Lodge county, granting new trial
| of his case against Frank D. Smith, ct
AL. was dismissed, in an opinion by
! Pigott. because the brief does not con-
form to the rules of the court. Har-
rington got judgment for $1,000 In the
| first trial for a breach of the terms in
mining lease.
A rehearing was denied the Montana
| Ore Purchasing company in the case OF
the Butte and Boston vs.. the Montana
Ore Purchasing company. relating to
the Snohomish and Tramway Mines
which was decided on former rehear-
ing two weeks ago, when house bill NO
/, of 1899, was held unconstitutional sc
far as relates to tenancies in common
which came into existence prior to the
| enactment of the law. T. ]. Walsh, fol
the Butte and Boston, asked for leave
to file a reply to the motion, but the
court denied it, and made it unneces'
sary, by at the same time denying
| rehearing.
Attorney General Donovan had filed 9
petition in the supreme court for wri
of mandate to compel State Auditor
Calderhead to pay him salary from Jan
uary / instead of January Z, as Calder
head proposed, but when the court an
nounced it's decision in the State Saw
ings bank case, Donovan. who was pres
ent, said he thought he was in the wrona
court. and would not make application
He will apply to the district court. Al
the law makes Donovan Calderhead's lie
gal adviser, he is without counsel In tn
matter. There is no provision for spe
cial counsel for state officers in case
where they have controversies with tn
. attorney general, so Calderhead vii
state his case in court himself, as h
does not wish to pay lawyer out O
his own pockets.