Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-30
(Tribune's Helena Bureau.)

rested its case in the action of the
state against Frank Conley, former
warden of the state prison, brought to
recover various amounts alleged to be
due the state from Conley and which
aggregated about $33O,0OO. The trial
of the case was started April -. be
fore Judge A. J. Horsky, in the district
court of Lewis and Clark county and
during the long period in which the
state has been presenting its case,
scores of witnesses, including many
state officials and attaches and numer-
Gus convicts or former convicts have
been examined. some of them being
recalled time after time to testify
as to the various causes of action en-
bodied in the complaint.
No time will be lost by the defense
in presenting its case, which will be
commenced Wednesday morning, fol-
lowing an intermission of one day, due
to Tuesday being Memorial day, a legal
holiday. 1t is expected that the defense
will conclude it's case about the third
week in June, as Col. c. 3. Nolan,
chief counsel for the defense, states
that he expects to have all of the de-
fense's ease in within three weeks
time, providing there is no protracted
cross-examination on the part of the
state. which he does not expect What
the state may then do in the matter
of rebuttal testimony, if any, is con-
jectural
Most of the evidence introduced
Monday by the state bore upon the
sixth cause of action that relating to
the construction by convict labor of the
Deer Lodge water plant, and the rates
charged the state for water furnished
to the prison.
ConIey Only Witness
In this connection the claim of S3O,-
600 for convict labor received a bad
blow when the state, entirely lacking |
witnesses upon that subject, was COM
PEELED to call to the stand Mr. Con- |
ley, the defendant, who testified that
the work was done at times when Con- |
ley & McTague were rightfully entitled |
to the labors of the convicts. and that |
the only time thereafter when convict |
labor was employed on the plant in |
repairs or extensions the conylcts were |
paid personally for their work by the |
South Deer Lodge Water company
When court resumed Monday morn
ing Attorney |. w. Choate asked to be
informed upon what theory the state
was proceeding under the sixth cause
of action.
In reply. Attorney General Rankin
said the state contends il is entitled
to recover for the reasonable value of
the labor used in the construction of
the waterworks for Conley & McTague,
and also to recover money paid by the
state for water furnished the prison
upon the theory that it was a deal by
Conley in the dual capacities of presi-
dent of the water company and warden
of the prison in violation of the stat
utes, and. in the event such a deal be
not illegal, then the state should re-
cover the difference between the
amount paid at the rate of 6 cents
thousand gallons and the 21a cents paid
by the Milwaukee railway upon the
theory that no more could be charged
the state than that charged any other
consumer.
Court to Decide
Colonel Nolan protested that the
theory as TO the water charges was
entirely Inconsistent and the court held
that the measure of determining what
the state is entitled to recover in the
matter of water charges is a matter
wholly within the jurisdiction of the
court
j. II. Bonner chief engineer of the
public service commission. was then
recalled TO the stand to furnish data
and figures which had been demanded
by the defendant when this witness
was on the stand Saturday. Under ex- +,
animation by Colonel Nolan he pro- "A
duced the rate schedules Of the two 4.
Deer Lodge water companies that Off
the Citizens Water company. as of h,
April 26. 1915, showing A rate of eight
cents thousand gallons. including any Il
service which might be furnished the ,
Milwaukee railway. and that of the
South Deed Lodge Water company. the
Conley & McTague property, as of !
July Z, 1914. and of August 6, 1916. | !
showing metered rate of six cents :
thousand gallons I
The Helena schedule showed present
rates of 30 cents a thousand gallons
for quantities less than 10000 gallons 6
a month, graduated down to ia cents !
a thousand in quantities exceeding {
10000 gallons. Witness testified thfti 9
the state paid an average of 123 cents ! :
a thousand for water furnished the / {
capitol building in 1921. while. the
Pacific railway paid III
cents r.
Compare Water Rates
The Livingston municipal plant
schedule as of January /. 1913, gave a
netered rate of 80 cents thousand
gallons. graduated down to 6h cents
,or quantities in excess Of 1000 900
gallons, with special contract with
he Northern Pacific of 2A cents
thousand with an annual minimum Of
l20.OOO.0O0 gallons.
Attorney General Rankin brought
,ut that during the fiscal yeaF ending
Tune 30. 1915, the Deer Lod1o D1Spf
provided the Milwaukee raiftSy WITH
13,OOO,O00 gallons and the st1te pris-
IN with 65,O0O,0OO gallons. TAesNit-
less explained that thp kUeH HSDdxe
liant operated a gravity41f11e Which
ould usually furnish watSefat II low
r cost than a pumping &ei 1
It was also brought 81 ~ state
hat during 1921 the 3{QAb xzndee "
onsumerS other thansx ~ u and r,
be Milwaukee railway,N - 16.7 Ii
er cent, of the revenue aer q
odge plant, that in. 3boid fe