The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-11-19
Al pIPE:AL | IS
DISMISSED
in CASE I'M WHICH CITY OF BILL
iNGs is SUING NORTHERN
PACIFIC.
AFFIRM DECISION
OF Dietriet Court in kennedy-Dckle
case-Pieket Publishing Company
Given Perpetual Injunction Against
Carbon County Commissioners in
Printing Contract Suit.
Especial to The Gazette

Especial to The Gazette.)
Helena, Nov. 1S.-The supreme
court had a busy session today, nine
opinions being handed down, two ap-
peals were dismissed and a setting of
cases made for the first half of De
cember. OF the opinions handed down
four are regarded as very important,
one involving the right of i retiring
board of commissioners to enter INTO
a printing contract another affirming
the constitutionality of free county
high school act passed by the recent
legislature, and still another grant
ing new trial In personal injury
action and another affirming lower
court in q criminal action.
For the reason that the transcript
had not been filed the court dismissed
the appeal in the action Of the city of
Billings against the Northern Pacific,
and on motion of both Htiga LIS SINH
lar action was taken III the suit Of
aAOa ASDOy UEGlASt VV4ASSOAs
.@o County High Schools.
In an opinion handed down by AS
sociate Justice Holloway, the supreme
court afflrms the constitutionality Of
the free county high school, which had
been attacked by the plaintiff in the
Chouteau county suit of Evers against
the treasurer Of that county. While
affirming the constitutionality Of lie
act itself, the court holds that the
election for the determination OF the
place Of location of the school must
be independent. Tt seems that the leg
islature, evidently with an eye to
economy, provided in the bill that at
the same election held to decide
whether or not such a school should
be established, the choice should be
determined by those voting in favor
Of the school. That is, those voting
in favor of the establishment Of such
an institution might also choose the
place for it's location, while those vot-
ing against the establishment will be
given no choice in the selection.
At the election held July last, LIPS
votes were cast on the proposition,
SIT for and 545 against. Havre re-
ceived SIS of the votes as the place
of location. The board made a levy
for the purpose of raising the neces-
sary funds to carry on and maintain
the school. The plaintiff thereupon
began an action to enjoin the treas
urer from collecting the levy for high
school purposes on the ground that
the statute under which it was at
tempted to proceed was unconstitu-
tional, and that il constitutional it's
provisions were not followed and the
tax levy Is void.
Printing Contract Suit.
Justice Holloway also prepared the
opinion of the court in the suit of
the Picket Publishing company
against the board Of commissioners of
Carbon county. In December, 1904,
the board of commissioners entered
into contract with the plaintiff for
the county printing, which expired in
December, 1906. The beard at the lat
ter time renewed the contract for two
years more. The personnel of the
board was changed by the election Of
November last and in January of this
year the new board, without the
knowledge or consent of the Picket
company, made and entered on its
minutes an order which assumed to
abrogate and set aside the contract of
December, 1906, made by the old
board.
Thereupon the Picket company be-
gan an action to restrain the new
board from violating that contract and
a temporary injunction Issued. The
defendant inte,posed a demurrer to
the amended complaint, and filed a
motion to dissolve the Injunction. The
demurrer and motion were overruled;
the defendant declined to plead fur
ther and its default was entered. A
hearing was had and Judgment rem
dered in favor of the plaintiff, which
made perpetual the Injunction and
awarded the plaintiff costs. From the
order refusing to dissolve the .injunc
tion and from the final Judgment de-
fendant appealed, but in vain, the SUI
preme court affirming the lower court
by unanimous voice.
Reversal Of Injury Suit.
In an opinion by Associate Justice
Smith the supreme court reversed the