Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-13
SAID TO BE THE ONLY AVAIL
ABLE PASS THROUGH THE
MAIN MOUNTAIN RANGE
HELENA WATER WORKS SUIT
Attempt to Put in New Municipal
Ownership Plant Stirs Up Much
Litigation.
Special to the Inter Mountain.

Helena, Mont, April 13, 1901.
r. A. Harlow, president of the Montana
railroad, who has just returned from
New York. denies the report that his
road is controlled by the Northern Pa
cific, saying that .Aey have only nine
ty-nne year traffic contract for the in
terchange of business at Lombard. He
says the Burlington deal will force the
Milwaukee to build westward into Mon
tana, and it's only available route through
the state would be along the Musselshell
river and through the pass in the noun
tains now occupied by the Montana road.
The application of the Helena Water
v orks company for an injunction to re-
strain the city from paying out money
in the ground that it has already ex
ceeded the legal debt limit, came up be-
fore Judge Clements this morning. The
city made a motion to dissolve the tenn
porary restraining order, and the water
company wanted to take the testimony
of City Attorney Horsky and Mayor Ed
wards on the order to show cause why
the injunction should not issue. The
whole morning was taken up with arGu-
ment, but the court decided to hear ar
gument first on the motion to dissolve
the restraining order.
The water company has brought new
suit in the United States court for an
injunction to prevent the city from buy
ing or building a new water plant, alleg-
ing that the city has never given the
water company notice of desire to pur-
chase its plant, and no effort has been
made to agree on terms of purchase. The
company wants the city to be compelled
to make full disclosure Of the facts and
show cause why 1t should not be re-
strained from furnishing water except
from the present plant.
Finch and Campbell. of Spokane, have
taken up bonds for $4,000 on the Ken
dali mine, in Fergus county, which Ken
dali bought year and half ago for
$3.50, and will greatly enlarge their cya-
hide plant.
Assistant Attorney General Moore has
given an opinion that the state can
legally sell the $4,000 of Normal school
bonds provided by the legislature hold
irg that the provision that they must
be sold April 6 does not forbid their sale
at later date, if not sold then.
Joseph Appleby. manager of the Gold
Eill Mining and Milling company, died
Thursday night at the company's mine
in Quartz Gulch. ten miles from Clancy.
So ''N' ava '''NA y - 'oNOihotiNC ClSiIeef,
ana was Well-knoWn throughout the
state.
Judge Smith this morning heard a mo-
tion in arrest of Judgment and granted
the discharge of r. D. Mccall because
the information did not allege that he
had married the wife of another know
mgly ana Wllfully. Mccall was promptly
rearrested on a new information.
Judge Smith is trying the will contest
Of Mollie Weinsheimer, in which James
Byrne, brother of the woman. contests
the probate of the will which was made
in favor of William Weinsheimer. hus-
band Of the woman. Evidence is being
introduced showing cruelty and intimi-
dation on the part of the husband. and
her intention to leave him nothing and
bequeath her property to her nieces.
Donald Fowler. assessor Of Fereus
county, writes the secretary of state that
mining company refuses to nav the
poor tax for it's men on the ground thar
" woulu rehoer ltseif liable for damages
under the company store law.