The Glasgow courier., 1916-03-24

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crimes have been committed in such
localities, he favored granting the
petition.
! Attorney McKellar represented
that the issuance of this license is
governed entirely by law, which re-
quires petition to be presented to
the board, that it contain certain
things, that notices of such petition
be posted by the county clerk, and
that date for hearing be set, and
represents that the petitioners have
complied with the requirements as to
petition for license, that the clerk
has complied with the law as to post
! ing of notices, but that the protest
ants have not complied with the law
in presenting protest, as protest was
signed prior to the presenting of pc
tition for license and is not entitled
to consideration by the board.
1t was moved by Commissioner
Baylor, seconded by Commissioner
Anderson, that from the fact that the
petition protesting against the issu-
ance being dated prior to the date
application for license was made,
same cannot be considered as a pro-
test against granting the application
for this particular license. Carried.
Protestants brought up the point
that petition for license does not con-
tain the names of twenty freehold
er-residents within the township in
which license is petitioned for and
explained that this portion of the
county is not surveyed, and that res
idents could not be free-holders.
Mr.. Joe Reboula was called and
sworn and gave evidence in support
of the allegations of the petition and
thereupon, the board, on motion duly
made and carried, made the following
findings of fact:
Finding No. THAT the petition
of Joe Reboula and Carl Swanson for
a retail liquor license at the town
Of Thoeny bears the genuine sigma
lures Of more than 20 persons resid-
ing outside of the corporate limits
Of any Incorporated city or town and
within radius of five miles of the
town of Thoeny, the place where said
license is petitioned for, and that
each and all of said persons are over
the age of 21 years and are and were
at the time of the signing of said pc
tition for license, settlers upon the
, public land within q radius of fave
miles of Thoeny and intending to
} claim the same under the public land
, laws of the United States, commonly
, known as squatters.
:, The following affidavit was pre-.
, sented by protestants:
PROTEST.
"We, B. F. Meredith, II. J. Alden
George w. Hanson of Glasgow, Mon
, tana, personally representing the
, protestants in that certain petition
, of protest filed with the board OF
county commissioners of Valley coun
, ty, wherein protest is made to the
granting of license for a saloon to bt
located at Thoeny, Montana. Sait
postoffice situated in township SO
range 81, on what is known as unsur
, veyed land.
eve, the undersigned hereby pro
y test the granting Of said license first
for the reason that the forty-fiv'
q names signed to the petition askin.
for that license, are not free holders
but are merely squatters on the pub
lie domain. According to the statut
as interpreted by the attorney gen
eral of Montana, as to chapter 90 o
the laws of 1911, wherein he state
that home settler prior to the tim
of completing his required residenc
= upon his claim is not a free holde
!, within the meaning of chapter o.
laws of 1911. Further, that town
ship is political subdivision and no
a surveyors subdivision of tn
:, county. Under the provisions OF SAT-
:. chapter petition for the issuance o
retail liquor license must be signe'
., by free holders within the particula
y subdivisions of the county in whic]
- the applicant proposes to engage il
business.
: "Since township 36, north of rang
o. 81 is not open to filing, and sine
a there are no homestead filings mad
v in said township, wherein said licens
f is applied for, the petitioners for sal
, license are wholly unqualified With
f the meaning of the law to sign sue
) petition. Further, those names az
$ pearing as being in township 81
y north of range 81, are further than
h five-mile radius from said town.
- 81