Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-19
LAW is NOT RETROACTIVE
CALDERHEAD THE WATCHDOG OF
THE TREASURY STANDS
HIS GROUND,
MADISON COUNTY OFFICIALS
Claim Raise in Salary Since TheiD
County Was Raised in Grade
Not Allowed.

special to Inter Mountain.
Helena, Mont, March 19.-Another SAL
ary controversy has arisen in regard to
the attorney generals office. The leg
islature had given two assistants, first
at $1,000, second at $1,000 for the fiscal
year Of 1901, which began December /,
1900. Albert I. Loeb was the sole assist
ant for the term ending January g. 1901.
He claim the action of the legislature
applies to the whole fiscal year, therefore,
he should be paid at the rate of 1000
from December to January 6, inclusive.
State Auditor Calderhead insisted that
he was not entitled to it on the ground
that the law cannot be made retro-
active. as he had served his time out
at $1,S00. The same question has been
raised by M. NJ. Duncan, county attor-
ney, also the school superintendent and
outgoing commissioners of Madison coun-
ty, as the salaries were raised when the
county was raised in class. They claim
the increased salary for the first six
days Of January. The state auditor made
the same ruling in this case.
The supreme court this morning heard
arguments on the appeal of the Phoenix
Insurance company of Brooklyn, N. Y,
from an order of the district court OF
Cascade county, refusing a new trial in
the suit Of Libbie L. Ackley against the
company. Mrs. Ackley owned a drug
store IN Sand Coulee. which was insured
with the Phoenix Insurance company for
$3.50 on the building and stock and was
burned February 4, 1897. She sued for
the insurance, but the company denied
that the stock was worth the amount OF
the policies were void because gaso.
really owned by DR.. Mccain; also that
thes policies We're void because gaso-
line, benzine, ether and petroleum were
Kept in the store in violation of their
terms.
Judgment was given the plaintiff for
1850, the full amount of the policies,
and a new trial refused
Governor ToOle this morning appointed
w. w. Dixon, Silver Bow; ex-Goy. Carr
penter Lewis and Clark; w. G. Down.
ing, Cascade; Wyllis Hedges, Fergus.
and w. w. Tippet, Daily county as a
commission to examine and report on the
Feasibility of adopting the Torrens sys-
tenn OF land transfers, according to house
joint resolution 6.
The governor also appointed S. G.
Fitzpatrick, Lewis and Clark, trustee of
the state Historical society to succeed
II. S. Ford. resigned.
The John II. Fielding Co. was todav
incorporated by filing articles. The OBJ.
Jects are to carry on theatrical con.
cert and general amusement companies.
ana TO own the necessary property to
carry on general lodging house BUSH
ness in Butte, with branch houses and
business in Idaho. Washington, Oregon
and North Dakota. The directors are
oliver CheEier. Butte, N. Adams, Butte
and John H. Fielding, Helena. The capf-
IC
of which one each is subscribed by J. M.
Clark. N. Adams. w. II. Weaver John
II. Fielding and Oliver Chevier.
State board of pardOns this morning
elected Mrs. Watson. Of Great Falls, as
clerk. There were one dozen candidates
and several ballots We're taken. but At.
tOrney General Donovan claimed his
right as president of the board to name
the clerk. The other members, State
Auditor Calderhead and Secretary OF
State Hays. after inquiring into pre-.
cedents. conceded the right to him. and
Mrs. Watson was his choice.
Governor ToOle says he can do nothing
to remedy the blunder in regard to house
bill %. but must leave it to the lawyers.
The history of the proceedings in the
legislature in relation to each bill is sent
to him with the bill This showed that
the bill had passed the senate and he
could not go behind it. 1t remains to be
seen. he says. whether it is a mistake in
history or the journal of the senate
The Helena school board decided last
night that owing to the reduction of the
district from the first to the second
class. no election of trustees is necessary
this year. The law allows seven trus-
tees in first class district, and five for
the second class. Two retire this year,
md the other five will simply hold over.
The board decided to keep the schools
open full nine months, and close them
June II.