Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1907-07-09

Although defeated in every material
allegation as to fraud, collision, etc,
the plaintiffs in the court house case
succeeded in having the contract sc:
aside on the ground that the board OF
commissioners exceeded their legal
authority when they let contract for
$lO8,oO0 instead of for $lOO,O0O the
| amount of the bonds voted at the last
general election.
The trial was long drawn out af-
fair, beginning Friday morning
when the parties all appeared in
court, R. Won Tobel and Jack Huntoon
representing the plaintiffs and Roy
E. Ayers, Blackford & Blackford and
Sol Hepner Of Helena, the defendants
The actual taking Of testimony was
| begun Saturday afternoon.
Judge Edward Brassey was first
placed on the stand to tell Of the
public meeting at which George S.
Wells was chosen to act as plaintiff
in the case. On objection of de-
fendant, his testimony was not per-
mitted to go in.
George S. Wells was on the stand
for long while and testified that the
specifications were not sufficiently
complete TO enable anyone to figure
intelligently on the court house, the
steel plans being entirely missing.
Witness did not bid for that reason.
Several lively tilts between the at
torneys occurred while Wells was
on the stand. Judge Cheadle stated
that he could not see the relevancy
of much of the testimony but would
permit it to go in so that full un-
derstanding could be reached of the
entire transaction. In cross exami-
nation the witness admitted that he
had had little experience in the con-
struction of fire proof buildings.
The testimony Of Architect Kirk
wood Cross and Contractor T. J.
Tubb was along the same lines as
that of Wells. Several witnesses
were examined on minor points, chief
ly as to the letting of the plumbing
contract and the changing of the
plans from stone to concrete
building, after which the plaintiffs
rested
At the conclusion of the plaintiffs
case, the defendants made motion
for nonsuit on the ground that the
complaint had failed to establish the
allegation of fraud or collusion sup
porting which contention not one
iota of evidence had been introduced.
This motion was over-ruled. The
court stated that there were but two
points which he desired to have made
clear. They were the time of making
the change in the plans from stone
to concrete and the legality of the
contract exceeding the limit of $780,
600.
The testimony of the clerk and re-
corder, the three commissioners and
of E. G. WINS, proved conclusively
that the change in the plans was
regularly made in regular session but
that, through an oversight, the action
was not transcribed into the minute
book.
Architect Gauntt was placed on the
stand and testified that the plans
and specifications were sufficiently
clear to permit any contractor to
figure intelligently. He also said that,
in his opinion, the local building
stone has not the resisting capacity
to carry the weight of the court
house and, for that reason, concrete
is by far the better building ma
terial. Gauntt's testimony was direct
and to the point and he impressed
all who heard him as man who
knew exactly what he was talking
about
The case of the plaintiffs was a
complete failure up to the time court
adjourned at IL o'clock Saturday
night. They had utterly failed to es-
tablish their much vaunted charge
of fraud or collusion The trial dem
onstrated the utter injustice and
senselessness of any such a wild
charge. After abandoning one posi-
tion after another, the plaintiffs were
compelled to fall back on a more or