Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-10
FRUIT BOARD NEEDS MONEY
APPROPRIATIONS NOT GOOD UN-
TIL NEXT YEAR ORCHARD
lists MUST PAY BILLS.
PLANS FOR STATE SCHOOLS.
Board of Education Will Have Strenu-
Gus Task in Planning for Con-
solidation and Buildings.
Special to the Inter Mountainn.

Special to the Inter Mountain.
Helena. Mont, April 10.-The supreme
court is hearing the argument on the APP
plSation of the Boston & Montana for
stay Of the injunction on its operation of
the Comanche mine obtained by Adolph
Wetzstein, pending trial Of the suit as 10
title.
] j. Mediation and E. Warren Toole for
Wetzstein contended that while the court
had jurisdiction to grant or dissolve IN
juno ctions, it had no authority to grant a
stay.
John F. Forbis, for the Boston & Nom
tana. insisted that the matter had already
been determined in the district court and
judgment entered there, deciding all
questions of title; that subsequently
Wetzstein had made application to the
district court for the same writ which
Judge Lindsay had denied, and was not
entitled to make the same application
again on the same showing. He contend
ed that there was not particle Of testi-
mony on which the INDUCTION should be
granted. Forbis is replying to arguments
on the question of jurisdiction this af-
ternoon.
Owing to the fact that the appropria-
tion of $500 does not become available
until the fiscal year of 1902, the state
board of horticulture has appointed S.
NJ. Emery and c. H. Edwards a COM
mittee to find means of raising money
for the expenses of the board this year.
1t is expected that the fees for inspec
tion will in the end about pay the ex-
penses of that work. but they will not
become available for some time, ana
the money is needed to pay inspectors
In the meantime and to pay the general
expenses. The board wishes to find some
way of issuing warrants in anticipation
of the appropriation and will consult the
attorney general.
The state board of education has been
called to meet next Monday to consider
a number Of questions arising out of
the new laws. It has to approve plans
for new buildings at the state university,
state normal school, school for the deaf
and dumb, reform school and orphans
home. The question has been raised as
to whether the law providing for re-
funding bonds of school districts can be
construed to cover those of the state edu-
cational institutions. These bonds pay
five and six per cent, and 1t is believed
they can be refunded at four and four
and half per cent, if the law applies.
Rules for the government of county
the board must consider and report on
the advisability of the consolidation Of
all the state educational institutions at
one point.
The trial of Edward D. Mccall on the
charge Of marrying the wife of another
man began before Judge Smith this
morning. Carl Rasch, for the prisoner,
admitted the fact that Mabel Hancock,
the woman in question, was married al
ready when Mccall married her but
denied that Mccall knew it, and this is
the question to which the evidence is d.
rected.
Mrs. Caulfleld of the Triangle restau-
rant, Helena, testified that she had see en-
Mabel Hancock reading a letter from her
husband. beginning, my Dear Wife,"
and told her in the presence of Mccall,
mabel, it is not right for you to be
flirting with these men when you ar,
married" Mabel answered, "You must
have been in my trunk" but she an.
swered she had not, but that the lett r
was doubled over and she saw the head
ing.
The case is the first of the kind IN
the state, and the penalty is peculiar. a
fine of not less than $1,000, or three years
in the penitentiary, with no discretion
for higher or lower penalty.
The state board of stock commission
ers was organized for the year by the
election of John T. Murphy, president,
and w. G. Preuitt. secretary. 1t was
decided to leave the appointment of in
spectors to the commissioners of each
county. as occasion requires, and con-
Arm their appointments.
The bond of $50, 900 on the Brooke tract
of forty acres at KenwoOd, adjoining the
Kenwood mine. from the Brooke estate
to Charles w. Clark, was confirmed by
the district court to-day. The first pay
ment of $12.5O0 is due in one year, the
second, of the sum sum. in eighteen
months, and the last of $4,000 in two
years.
In order to satisfy the citizens of the
wisdom of the purchase of the Beaver
Greek water supply. which is violently
attacked by the Independent, Mayor Ed
wards will run an excursion carrying 25(
persons to Winston on Sunday, and let
them see the matter for themselves.