Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-27
NEEDS SPEEDY SETTLEMENT
LAND TITLES AND OTHER INTER-
EsTs SUFFERING OVER THE
UNCERTAINTY.
COURT GIVES A QUICK HEARING
Friendly Suit Filed Today to Determine
Legality of the Recent Change in
County Name.
Special to Inter Mountain.

special 10 inter mountain.
Helena, Mont March 27-Proceedings
to test the validity of the laws creating
DAILY county and changing the name Of
Powell to Deer Lodge county were begun
in the supreme court to-day, and the
matter will come up for argument on
Monday.
The matter was brought up in the
form of an application for an alternative
writ OF mandate by Mrs. Nj. A. Sackett
calling upon William f. Thomas clerk of
the district court of Deer Lodge now
DAILY county, to show cause why he does
not afiiX the seal of Deer Lodge, not that
OF Daily county. to deficiency iudg-
ment. The complaint relates that Mrs.
Sackett obtained Judgment against Mary
and Joseph McCaf:ery and had some of
their property sold for $500, leaving a
deficiency of $1,119.6S, which, she says, be-
came a lien on the property of the Nc
Cafferys in Anaconda. and for which she
obtained the deficiency judgment.
she called on Thomas, March % to is-
sue execution under this judgment and
affiX the seal of Deer Lodge county. but
ne refused. and proposed to atIiX the
seal OF DAILY county instead. She claims
this would make the judgment invalid
and adds:
Ihat the question presented by this
appi'ttion, towit: The validity of said
act changing the name of said county.
! Will necessarily arise in every action or
prosecution begun or instituted in said
county, as Wei as in the district court
! TO: what was known as Powell county.
AMI IT viii arise in drafting ali convex
ances of real estate in either of said
counties, and its early and prompt decis-
ION by the supreme court is demanded by
pubic interest of each of said counties:
That the said question will arise upon
the issue of every execution out of said
courts or levy upon land, and it constant
ly arises in each public office in said
counties in almost all public business and
its decision by the district court would
only be conclusive in ont matter or suit"
For these reasons writ of mandate is
asked, and the court issued order to show
cause why an alternative writ should not
issue made returnable and to be heard,
II the parties so agree, April /. The APP
p plcauon Is made by w. II. Trippet.
county attorney of Daily county, and c.
f. Sackett for Mrs. Sackett. Attorney
General Donovan appears for Thomas,
and has entered a formad demurrer.
Chef Justice Rrantly, having been
formerly district judge of Deer Lodge
county and tried some cases which are
likely to be affected by the decision, did
not sit.
Judge Clements this morning ordered
the discharge of CASTOR Well who was
s'ntenced to sixty days in Jail for vag-
rancy last Friday by Justice of the
Peace O'Donnell. because sentence was
pronounced within six hours after the
verdict was rendered, contrary 10 the
liw. which requires at least six hours
to elapse and net more than two days.
The application under writ of habeas
corpus was argued yesterday.
The following candidates for aldermen
were nominated at the republican pri-
maries last night: First ward Samuel
Pennett; Second ward, c. c. Newman:
Third ward, George d. Beataie: Fourth
"ard, DR.. G. b. Miller; Fifth ward, l..
W Heath; Sixth ward, Daniel f.
White: Seventh ward, Henry A. Meyer.
Miller is the only present incumbent
Ienoninated.