The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-03
DOCKET NOT
VERY HEAVY
ONLY TWO lNFoRMATIoNs HAVE
BEEN FILED.
AN IMPORTANT CIVIL CASE
Action of Moss VS.. County Treasurer
Among Matters Set for
Trial.

Four criminal, As civil and 49 pro-
bate cases are on the docket for hear
ing at the present term of the district
court
OF the criminal matters two are new
and the others are legacies from for
mer terms. One of the latter is the
cause of state VS.. Carl Quarnberg,
charged with the larceny of horse.
He was tried at the last term, but the
jury failed to agree and the defend
ant was held for his further appear
ance.
Another old action is that of State
vs.. Edward O. Farmer, who was ar
rested for obbery from the person.
Farmer claimed that c. D. Prather
was Indebted to him and that he re-
fused ito pay him. At an opportune
time he Mukht, ,Prather alone and at
the muzzle of a guhtforced him to set
tie. After securing the money Fraser.
left and was not heard from for long.
time. Finally the sheriff's office was
notified that he was in one of the
towns in northern Wyoming and Mr..
Hubbard brought MIN back. An infor-
nation charging robbery was filed
against him.
! When the case came up for trial
p,,1% = 1,) Ao,,o 10
cute and the county attorney gave
his consent to have the action dis
missed, upon payment by Farmer OF
! the costs, amounting to $S6.75. Farmer
has SO far failed to pay and the action
will come up once more, as it still
stands on the docket against the man
and until disposed of in some way
may not be finally dismissed.
The last of the old cases is that
of State VS.. James Cook and Laurie
Harris, who were tried at the January
term for driving stock from it's ac-
customed range. They were convicted
and fined 81, each. Notice of mo-
ton for a new trial was entered, but
nothing further was done. Now the
matter is to come up on a statement
of the case and the motion for a re-
hearing.
The new case is that of State vs..
r. H. Welliver and Lee Chatwood.
for stealing horse from Austin North.
They were given a preliminary hear
ing in the Justices court and bound
over. Not being able to give bail, they
have been in Jail since then.
! Three Are Important.
OF the civil actions three are prob
ably OF more than ordinary import
ance. To one at least considerable
public interest attaches, involving as
it does the authority of the board of
county commissioners to raise an as
sessment as made by the assessor.
The action is that of p B. Moss VS..
Gwen F. Rurla, county treasurer At
ter the assessor had made his returns
for last year the board, as required
by law, met for the purpose of equaliz.
ing the roll In it's opinion the val
uation placed on the Moss homestead
was insufficient and the assessment
was raised. When the taxes became
. due Mr.. Moss rendered payment in
4 the amount of his taxes on the basis
} of the assessors valuation, and re
fused to pay the increased amount
arising from the higher value fixed by
the board of equalization. He alleged
that the increase ordered was exces
sive and also denied the right of the
board to change the valuations placed
J by the assessor.
When the time arrived for advertis
ing the delinquent taxes Mr.. Burls
advertised the Moss property for sale
whereupon Mr. Moss applied for ant
received restraining order whereby
the treasurer was prevented from OF
fering the property. The writ granted
was temporary and the present hear
ing will be for the purpose of enabling
: the treasurer to show cause why i
) should not be made permanent.
The other action in which more thar
) usual interest is manifested is that o
! the Billings Land and Irrigation com
! pany VS.. Elmer G. Summers and sev
eral other defendants. This is brough
on the petition of the company TO
condemnation of certain real estat
: owned by the defendants across whicl
right t-of-way is sought for an irrigation
canal.
: While involving much of interes
: and importance to the parties di