Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-12-01
ORD SURE
Of COUNTY SEAT
MONTHS HENCE
Hobson Suit Outcome
Locked Up in 275,000
Words of Testimony.
Both Sides Will Submit
Arguments to Sitting
Judge in Butte.
Special to The Tribune.

eLdulOTu, NOF. oV~~lhLI VA
evidence in the Judith Basin county
seat litigation between the towns Of
Stanford and Hobson, which has been
on trial in the district court before
Judge William E. Carroll, of Butte,
was concluded Wednesday afternoon.
but the matter will not come up to the
court for decision for several months.
At least a month will be required in
the transcrbing of the proceedings of
| the past two and half weeks. during
which time the testimony of S3 wit
nesses was taken and much time was
taken up in the arguing of questions
of law.
Before Judge Carroll adjourned
court Wednesday afternoon, stipula-
tions Of counsel for the opposing sides
were agreed to whereby the plaintiff
shall have so days after the receipt
of the transcript in which to prepare
and present its proposed findings Of
fact and conclusions of law and the
defendant shall have 80 days after the
receipt of the plaintiffs proposed find
ings in which to prepare and present
it's proposed findings of fact and con-
clusions of law.
It is agreed that these findings may
be proposed in the chambers of Judge
Carroll ut Butte or elsewhere, as the
court may direct, and that thereupon
the court shall in his discretion hear
the arguments in his chambers at
Butte or elsewhere upon such pro-
posed findings and conclusions.
Judge May Decide at Butte
It is further stipulated that there
after the court, as he shall reach a
decision. shall make and cause to be
filed his findings Of fact and may
render judgment in his chambers at
Butte or elsewhere and that the de-
cree, when filed in the district court
Of Judith Basin county, shall have the
same force and effect as though rem
dered in Judith Basin county.
1t is stipulated, as understood, that
the case will not be deemed fully sub
mitted, although the evidence is con-
cluded, until counsel have presented
their proposed findings of fact and
conclusions of law.
After the recording of these stipu-
lations Judge Sydney Sanner, of coun-
sel for the defense and the intervenor,
moved that the court make its find
ings and conclusions in favor of the
defendant and intervenor, and Judge
Carl Rasch, Of counsel for the plant
iff. made a similar motion on behalf of
his client.
i,i00 Pages Of Transcript
The transcript in this case is ex-
pected to be one of the largest ever
produced in a case in the state, as
Court Reporter Gibson, Of Lewistown.
estimates that it will consist of 1,1OO
pages of typewriter matter, 25O
words to the page, or total OF
275,O00 words.
The testimony introduced Wednes
day was a continuance of the rebuttal
offered by plaintiff to evidence tend
ing to show that a number OF Hob
sons supporters in the county seat
election were non-residents.
Recalled Wednesday morning by the
plaintiff, Y. f. Baroch of HObson.
testified as to the absent voter, NJ. u.
Wheeler. who he said told him i'll 1917
that when he obtained more acreage
in Montana than he held in Iowa he
would claim Montana as his residence.
That in July, 1919, when he learned
Wheeler had registered in Philbrook
(Hobson) precinct, Wheeler Informed
him he had obtained more acreage in
the state and had made it his resi-
dence. Wheeler cast an absent voters
ballot and left for Iowa three or four
uuyS DeIOEG Lut NouuIS SCuL CACStAVA'
Absentees Held Residence
Testifying as to the absent voter,
Ira Cleveland, Edward Brabander of
Hobson said he knew Cleveland since
1912, when Cleveland lived upon his
homestead near Hobson and where he
remained until he sold the land In 1918,
opening a garage in Hobson, which the
witness rented from February to June
- - fya1sfnv-
mia but was back in Hobs0n from Au-
gust to the latter part Of October,
1920. He still owns the garage in
Charles NJ. Harris, residing near
Hobson, testified to having known
Cleveland when he lived on his ranch.
that Cleveland had a sale and moved
to Hobson in the fall of 1913 and that
he went away in the spring Of 1919.
returning for about month In fall Of
1920. He said he saw Cleveland about
August, 1920, at which time Cleveland
said he claimed his residence as Hob
son, expected to return there and
wonld cast nm absent voters ballot.
Testifying as to the absent voter,
Lee Ireley, Darwin johnson; banker Of
fall Of 1919, telling witness hs was
going away to tide himself over the
winter and would come back Ii work
could be provided for him. He exhib-
tied letter from Ireley, dated May 30.
1920, from Salem, Ore.,. written after
Ireley had learned of the filing of I
lawsuit against him, n which letter he
said. '.am coming back srme ef these
days."
Witness johnson also testified % to
= 1CoTfin9ed 1n Fere SI1.1 ----ss'-