davidaulloa/AmericanStories huggingface dataset:
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17

contracted after the issuance of final
certificate, but ebfore the issuance of
patent. The court held that under
such conditions the homestead is not
subject to attachment, the decision be-
ing as follows:
Defendant motion to discharge and
dissolve writ of attachment issued in
the above entitled case and levied
against the homestead entries of the
defendants. came on regularly for
hearing on the 11th day of March, A.
u. 1914, and was continued until the
18th day of March, A. ID. 1914, at which
time the court heard argument by
counsel for respective parties.
1t was admitted by plaintiff that the
original debt for which the note men,
toned in plaintiff complaint was
given was contracted prior to the is
suing Of patent for the homestead en-.
tries Of the above-named defendants,
and it was also admitted at the same
time by the defendants that the said
debt was contracted after the issuance
OF final certificates thereon by the reg
lister and receiver of the United States
land office.
1t is contended by the plaintiff that
a homestead entry is subject to attach
ment for debts contracted after the is
suance of final certificate and before
the Issuance Of patent, in support OF
which contention is cited the decisions
OF the supreme courts OF Colorado,
Kansas and Oklahoma. This position
Is contested by the defendants, citing
California, Oregon and Washington.
This leaves the court to determine
which line of authorities to follow;
and after careful perusal of all of
the same, and Of the United States
statute (section 2296), construed by
them. the court believes that the bet
ter opinion is that the lands of home
stead entryman cannot be subjected
to the payment Of debts contracted
previous to the issuance of patent.
The date of the issuing of the patent
is made by the above mentioned stat
ute the criterion by which the ques-
tion Of the liability Of the homestead
to attachment is to be determined.
The authorities all seem to hold, how
ever, that the title in the homestead
er dates back to the issuance OF the
fnal certificate; but the question be-
fore the court does not deal with the
title, or the condition of the title, but
solely with the exemption of home.
steads for antecedent debts. And since
Continued on page twelve.)
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17

was the sentiment that where prop
erty owners wished to take care OF a
full block. permission should be grant
ed, but this should not be- extended
to anything less than full block. The
matter was referred for report to be
presented next Monday night
For Skating Rink.
Homer Mcdonald, OF Hilger. asked
permission to establish roller skating
rink at the corner of Fourth avenue
and Spring street, or elsewhere out
side the fire limits. The petition was
endorsed by number of prominent
citizens, who certified to MIR. McDon-
AIDS excellent character. The matter
was laid over for week to give Mr..
Mcdonald an opportunity to show that
the rink would not be Objectionable
to residents Of the locality where 1t
was proposed to establish It,
Street Cleaning.
The engineering depart m e n I of
Santa Monica. Calf, in response to
an inquiry from City Engineer Birk-
land, reported that the use of the
automatic sweeping machine adopted
there had proved very satisfactory.
The cost Of the machine there aver
aged $3.50 per day. as against $40 a
day for the old rotary sweeper. and
gave far better service. With one
shift the city was cleaning ten lineal
miles Of street. 14O feet wide, per day.
Other reports regarding machines in
use In different cities will come in
shortly and then the matter will be
taken up for action.
For the Election.
the primary nominating election
having been rendered unnecessary by
reason Of the fact that there Is only
one ticket to be voted on at the COM
ing municipal election, the Socialists
having decided not to make any NOM
nations, the following judges and
clerks We're appointed for the election
to be held April s:
First Ward Judges, Oswald L,eh-
man, George w. Anderson, Marshall
Huffine; clerks, Charles Myersick,
Fred Skalacky, e. g. Worden.
Second Ward-Jndges, "A. j. Osweil-
er, Byron Tayre. Vincent Gies; clerks.
Dan Hanley. John Reed, Joseph Ben
jamin.
Third Ward--Judges. Allan Wilson.
Z. l.. Wentworth, G. A. Parrott; clerks,
IL. +. Imislund, Ed Baker, A. M. Sloan
Sewer District.
resolution was adopted creating
sewer district, the sewer to run be-
tween Main and Janeaux streets to
from First avenue to Dawes street.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
NAME OFFICIALS
Mayor w. o. Symmes Gets Back From
the East In Time to Preside Over
the Session-Plumbers Examining
6oard-Dan Beams Report on tho
Trees-Roiier Skating Rink Project
Looking Up Street-Cieanino Ap.
paratus-Sewer District.

Mayor w. ID. Symmes returned from
Chicago last evening and presided at
last nights meeting Of the city coun-
Gil, Aldermen Sutter, Berkin, Miller
and Ford being In attendance.
K. A. Loveland was granted permis-
sion to erect dwelling on Tenth ave
nue., between Main street and Broad
way.
e. Hogue's petition to repair the
brick wall of the Elkhorn building was
granted. solely for the reason that the
wall would otherwise be dangerous.
Mack Thomas petition for permis-
sion to put In a canvas-covered boot
black stand at the corner OF Second
avenue and Main street was denied.
An Examining Board.
Frank Durnell asked that the mayor
appoint plumbers examining board,
as provided by statute, and Mayor
Symmes announced that he would take
action In the matter in a day or two.
Irving II. Pierce asked what the
city,s plans were with regard to the
grading of Broadway between Sixth
and Seventh avenues. He intended
shortly to terrace his lawn and put in
cement walk and the sooner It was
determined just what was going to be
done the better It would be. Referred.
Dan Beams Report.
Dan Bean submitted a report OF his
inspection Of the trees in the boule-
ward district. He found 1876 OF the
trees dead and they would have to be
replaced and he thought 1t would be
well to replace few others that.
though alive. were stunted or de-
fromed. Mr.. Bean stated that in ac-
cordance with instructions he had
trimmed many of the trees, preserving
the cuttings for propagation for the
city's benefit. The report was accept.
ed.
Austin W. War; and others asked
that they be permitted to take care
OF the park strip on Main street be-
tween Eighth and Ninth avenues. It
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
AYERS DECISION
In Case Of Judith Hardware Company
Against Davenport ls
pissolved-No Ruling Yet in the
Vaccination Case-Case Of Denole
Bros. Against Stephen J. Harding
Goes to the Jury-Four New Di.
vorce Actions.

The very important case of Mrs.
Leonie Huffine against A. Lincoln, her
father, involving the ownership of a
large tract of valuable farm land near
Deerfield, came up before Judge Poin-
dexter, of Dillon, sitting without a
jury, yesterday and the time has thus
far been occupied in arguments. In
this action the plaintiff seeks to have
contract with the defendant estab-
lished and a trust declared with Mr..
Lincoln as trustee for the benefit Of
Mrs. Huffine. This trusteeship would
affect over thousand acres of land.
The defense moved that no testimony
be permitted in support of the plain
tiff's complaint on the ground that the
complaint does not state facts suffl-
cient to constitute a cause Of action
This motion is being argued at great
length. Mrs. Huffine is represented
BY Walsh, Nolan & Scallon, OF Hell
ena, and ]. C. Huntoon and E. w. Met
tier, of Lewistown, while Mr.. Lincolns
attorneys are Gum, Rasch & Hall, of
Helena, and Judge e. K. Cheadle. of
Lewistown.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
AYERS COMMENT
Court Blames Business Men for Per-
mittina Defendants to Settle Cases
Of This Character-Ali Bogus Check
Men VIII Hereafter Be Charged
With Felony Instead of Petit Lar
ceny-Frank Vim Is Convicted Of
Statutory Crime.

T. A. Thompson, charged with q
felony in connection with cashine
worthless checks, was found guilty by
a jury last Wednesday. Thompson
made a deposit of $40 in a local bank
and proceeded to raise the amount
shown on the deposit slip from SO tC
$11O. He next issued a number OF
checks on the strength of this. securs
ing the money. The case is Of spe
cial interest as being the first one in
this county where man has been
convicted of felony in connection
with the bogus check game. Thomp.
son appeared for sentence Friday and
vas given one year in the pen.
Courts Remarks.
In passing sentence Judge Ayers
took occasion to comment on the fre.
quency of Offenses of this kind and
said:
This is the first case in the state
of Montana which has been prosecuted
under the law declaring the giving of
a worthless or bogus check felony,
and since this jury has found the de-
fendant guilty Of a felony. the court
believes that it will have a tendency
to stop this particular line of crime
in Fergus county, and particularly II
the business men who are the victims
OF worthless and bogus checks will not
permit the defendants to settle their
cases by the payment Of the amount
OF the check, as has heretofore been
the custom, but that, when a man is
arrested for the giving of a worthless
or bogus check, that he, the business
man, will see that he is prosecuted
under the felony statute and secures
term in the penitentiary instead of
few days in the county Jail upon the
payment of the check. It is the opin-
ion of the court that few convictions,
followed by penitentiary sentences,
will minimize this class of crime"
The court directed that the county
attorney hereafter file his complaints
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
SCOTT IS SENTENCED
ON PLEAS Of GUILTY
THE MAN WHO OPERATED At
HOBSON SENT UP FOR
FORGERY.

A special to the Democrat from
North Yakima, Washington, announced
that c. M. Scott yesterday pleaded
guilty to three charges of forgery and
was sentenced to from one to twenty
years on each count. The charge Of
using the mails to defraud was dis
missed In the federal court.
Scott is the man who wOrmed him
self into the confidence of some Hob.
son citizens and aided In organizing
the Fergus County State bank there,
becoming Its cashier. His arrest for
the Washington authorities nipped in
the bud his plans for wrecking the
bank. While in this section he oper-
ated under the name of Schott.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
H|[GER BACK
FROM COAST
MADE CAREFUL INSPECTION OF
WORK AT FRISCO FAIR
GROUNDS.
MEETING OF COMMISSION
Report IL Given Out at Helena-Mon-
tana Has Finest Site Of Any State
Adequate Representation at the
Exposition Will Prove Of Great
Benefit to Montana.

David Hilger, who returned last
week from San Francisco, where he
went as chairman of the Montana Pan
ama-Pacific commission to see what
progress was being made at the fair
grounds and size up the situation gen.
orally, went to Helena Saturday to
preside over meeting Of the COM
mission there. At that meeting q re-
port to the people of the state was is
sued, which expresses exactly the
views stated by Mr.. Hilger on his re-
turn from the coast.
The Report.
The report Is, in part, as follows:
Had there been any doubt in the
minds of the commission, before leav-
ing Montana, as to the desirability OF
and urgent necessity for a Montana
state building at the Panama-Pacific
international exposition in 1915, such
doubt was entirely removed by our
visit to San Francisco to the exposi-
tion grounds, and to places of inter-
est in the vicinity of San Francisco
bay, the greatest harbor on the Pa
cific coast.
1--WE wish, first. to emphasize the
fact that the Panama-Paciflc exposi-
tion is not a California exposition for
the benefit of California, nor an Amer
ican exposition for the sole benefit of
our country. It is, in the highest and
largest sense, worlds international
exposition, the like Of which has new
er before been seen or even cOntem-
plated; social and educational, as
well as commercial, gathering of the
nations of the earth, representing the
best of the worlds BEST and the sum
OF human achievements in this age of
vast achievements"
The report declares that the Mon
tana site is the finest secured by any
state and in conclusion says:
"Montana's most active competitors
for new settlers will be officially rep
resented, and will have state buildings
at the Panama-Pacific international
Shall we meet that COM
petition bodily, with confidence in our
ability to meet it successfully, or shall
we, by failing to take advantage of
this great opportunity, say to the
world that we fear to meet it?
1T Is doubtful If another interna-
tional exposition will be held in Amer.
lea In our time. Certainly no such ex-
position will be held on the Pacific
coast, or on SO grand q scale as this
one, which Is almost at the western
door OF our state. The greatest op-
portunity that ever came this way is
now knocking at the door of Montana.
Shall we welcome 1t, or shall we Der
nit 1t to pass on unheeded by us?"
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
CERTIFICATES ARE
GIVEN TO TEACHERS
LIST OF THOSE WHO WERE sue.
cESsFUL IN THE RECENT
EXAMINATION.

County Superintent O'Hara has is.
sued certificates to the following
teachers who successfully passed the
recent examination:
Frances Beatty, Mayme Biddle, Edna
Bowers, Grace Chambers, Cora Davis.
Mabel Davidson, Madge Eldridge.
Alma Fry, Bertice Greenfield, Oreta
Herin, Halle King, w. L. Larson.
Rose Lancelle, Clytie Mcfarland.
Mercy McLachlan, Annie Metzger.
Loren Roberts, Rose Sutter, Harry
Tripp. Helen Tracy, Mary Young.
Joanna Young.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
DOLLAR Dinner TO Be
HELD FRIDAY NIGHT
JUDGE cHEADLE WILL PRESIDE
AS ToAsTMAsTER-ARRANGE.
MENTS COMPLETED.

The Chamber OF Commerce has
fixed upon Friday evening next at $3.50
for the dollar dinner to be given at
the Bright hotel. Invitations have
been sent to the editors of outside
newspapers in the county and it is
hoped that most of them will be able
to attend, as one of the principal
topics for discussion will be the cream
cry question, in which they are all in
terested.
CheadIe Toastmaster.
Judge E. H. Cheadle will preside as
toastmaster and there will be mum:
ber of brief addresses on matters of
general interest to the city and county.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17

against worthless and bogus check
artists under the felony charge instead
of under the petit larceny statute, the
custom which has heretofore obtained.
The court then sentenced ThOmp-
son to one year in the penitentiary,
although he could have given him as
low as one day. or as high as ten years.
and intimated that one year would be
the least that any other man found
guilty OF such crime would receive
at his hands.
Vim ls Sentenced.
Frank Vim, found guilty last week
of statutory crime, his step-daughter,
just under eighteen years of age, be-
ing named, appeared for sentence yes
terday morning. Judge Ayers made
no comment on the case, sentencing
the defendant to fifteen years in the
penitentiary. Vim, who is cripple
and very intelligent man, was sur
prised at the severity of the sentence
and broke down when led from the
court room. He was taken to the pen
yesterday morning. His attorney, j.
A. Coleman. has filed notice of in
tention to move for a new trial.
The Mowatt Case.
In the case of Joseph MOwatt, in
dicted for statutory crime, Judge
Ayers found both the county attorney
and ]. G. Huntoon, attorney for the de-
tense, waiting yesterday morning to
get in the first word. Mr.. Huntoon
asked permission to withdraw the pre-
vious plea Of not guilty and to enter
demurrer to the indictment. Mr.. Nc
Conochie Immediately followed with a
motion to dismiss the indictment, the
reason for this being that the indict-
ment is fatally defective, as no venue
is alleged. The court took the mat
ter under advisement.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
LANE AND SYMMEs RETURN AZ.
TER PRESENTING POST.
OFFICE MATTER.
A REHEAR|NG IS SECURED
Inspector viii Be Sent Here by the
Department to Take Up Question
OF Location for the Postoffice-G.
N. Stone Was in Washington for
Other Side.

]. x. Lane and w. ID. Symmes re-
turned home last evening from Wash
ingtOn, where they went to present to
the department the petition asking
that the matter OF selecting a location
for the postOffice be reopened. They
were courteously received and went
over the whole matter, presenting
their side of the controversy and filing
the petition. George M. Stone reached
the capital the day following their ar
rival to look after the interests OF the
other side.
The net result OF the visit was that
the department agreed to reopen the
matter and an inspector will be here
shortly. Mr.. Symmes visited Wash
ington as a private citizen and not in
his capacity as mayor, making that
fact clear in presenting the matter to
the department. This morning. Messrs.
Lane and Symmes gave out to the
press the following interview, which
Is a brief statement Of their mission
and the result:
The Statement.
AT the request Of a large number of
the business men of the city, we went
to Washington for the purpose of pre-
senting to the postal department a
request on the part of q large num-
Der OF the citizens of Lewistown for
an opportunity to select and submit
for the consideration of the depart
ment, centrally located site for the
Lewistown postoffice. We took with
us petitions signed by about 400 pa
irons OF the Lewistown postoffice pro-
testing against the proposed location
OF the postofflce between Fifth and
Sixth avenues and asking the govern
ment to locate the office in building
more centrally situated and more con-
venient for the service of the patrons
of the office. Before leaving we had
canvassed the sentiment from a ma
jority OF the people of our home COM
munity and it seemed to us to be
overwhelmingly in favor Of the loca-
tion OF the pOstOffice in the Masonic
temple. We learned from members of
the board of trustees of the Masonic
temple that they had never had an
opportunity to put in q bid for the
temple site as a proposed location for
the postoffice. and we further found
but very few people that had ever had
any notice of movement to locate
the postoffice at the proposed site be-
Continued on page six.)
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
THE WEARING OF THE GREEN
(Minna Irving in Leslie's Weekly

He laid his blackened pipe aside.
A moisture dimmed his eye
And made its blue as soft a hue
AS April's misty sky.
The morning frostwas on his beard,
The winds of March were keen.
But all his heart was warmed to
hear
The Wearing of the Green"
The burden of his years of toll
Was lifted from his back,
His furrowed cheek was smooth
and young;
His grizzled hair was black.
The silken flags and snowy plumes.
They passed him all unseen.
He walked again where first he
sang
The Wearing of the Green"
The messy rocks and rugged elens
Sent back his voice again.
And Mary in her cabin door
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
cHAs. r. BROWN & co.

Spring Opening at This New Estab.
Iishment Held on Thursday.
The first of the spring openings was
held last Thursday by Charles r.
Brown & Co. in their spacions new
store in the Imislund block. Concen-
trating its efforts upon gowns and mill
linery, the firm made display that
was a delight to the ladies Of Lewis
town who thronged the spacious store
throughout the afternoon and evening.
Models were employed to demonstrate
the latest creations and the apprecia-
tion of the visitors was manifest in
many ways. There was music for the
occasion and the ladies carried away
flowers as souvenirs.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
THE PLYMOUTH.

Crowds Throng This CLASSY Establish
ment In the Wise Block.
The Plymouth received its full share
of attention from the ladies last Sat
urday and it is safe to say that none
of those who were out to look over
the openings overlooked this elegant
establishment. A finer display of ex.
elusive styles in wearing apparel and
millinery has never been seen in Lew
istown. Music, Of course, was an ad-
junct of the opening.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
For Summer School.

County Superintendent Alice O'Hara
is now making arrangements for a
summer school, to be held here begin
ming in August. She has received
word from the superintendent OF
Meagher county that Meagher will CO
operate with Fergus. so that an at
tendance of over 125 is assured. The
school held in Lewistown last summer
was the most largely attended and
most successful of any held in the
state.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17

Took up the sad refrain.
She had shamrock in her breast.
The kerchief's fold between,
And redder lips have never trilled
The Wearing of the Green"
His Mary's old and feeble now;
Her scanty locks are white.
She dozes by the fire all day
And grumbles half the night,
But they are welded lovers yet
And on each other lean,
And still she huns in quavering
tones
The Wearing of the Green"
Come sun or shadow, once a year
The bands are sure to play
The good old tune, the dear old
tune,
Upon st. Patrick's day.
'Tis like a breath from bog and hill,
Though oceans roll between.
'Tis sweet to every evile's ear
The Wearing Of the Green"
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
DenQie Against HARDING.

The case of Dengle Bros against S.
]. Harding went to the jury this after
noon, after trial lasting several days,
Belden & DeKalb representing the
plaintiffs and ]. C. HuiAoon and Will
liam H. Smith the defendant. The
suit is brought to recover possession
OF some 1000 head Of sheep seized by
the defendant for alleged trespass, to-
gether with $4,000 damages. Mr.. Hard
ing also asks for $1,000 damages.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
Important Decision.

In the case OF the Judith Hardware
company against F. NJ. Davenport and
Warren G. Davenport, Judge Ayers
yesterday rendered a very important
decision, the question involved being
as to whether or not a homestead en-.
try is subject to attachment for debt
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
Cottams Arrested.

Sheriff Tullock went to Great Falls
last week and brought back George
Cottams, colored man, who is
charged with having taken a lot OF
household effects belonging to a Mr.
Cross, from a Milwaukee car and dis.
posing of them.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
Visits L. c. Wilson.

e. R. Russell, court reporter at Fort
Benton and br0ther-in-law Of L. C.
Wilson, is in the city, having come
here because Of the critical illness Of
Mr.. Wilson.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-03-17
Is DISCHARGED.

A Bohunk named Petrol was given
preliminary hearing before Judge B.
H. Foley this morning on larceny
charge. He was discharged, there be-
ing no evidence against him.