The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1926-03-26

Sufficiency Of an affidavit upon which a
search warrant was issued in Roosevelt
county which resulted in the arrest of
Howard Baraker on a charge of possessing
Intoxicating liquor was upheld by the Mon
tana supreme court this morning.
Justice Galen diSSents from the courts
opinion. Lrefacing his individual opinion
with a declaration that the adoption of the
Eighteenth amendment to the federal con-
sttutiOn did not repeal the bill of rights Of
the state constitution, which guarantees
against the issuance Of warrants except
upon probable cause, supported by oath or
affirmation and particularly describing the
place to be searched and the persons or
things to be seized"
"a Mere Conclusion"
The affidavit in question declared that
Charles e. Manning personally saw a key
containing intoxicating beverages in said
barn" The court says this was a sufficient
statement of fact upon which a search
warrant might be issued. Justice Galen de-
clares that the only statement of fact is
that Manning saw a keg-that possession
Of a keg is not illigal and that to Justify
the issuance Of a warrant there must have
been stated additional facts to assure the
Justice that the contents Of the key were
cOntraband. He insists that the unsup-
ported statement that the keg contained
intoxicating liquor is a mere conclusion.
q q @
Four hundred and se~venty-five pairs of
Hungarian cartridges, the purchase of
which was authorized by the state fish
anu EAA4G L0AAAAAHnA0AH A4NG DEGA 6MAlNGA
from Germany and will be received in the
state for liberation within a COUPLE Of
weeks. The birds will be placed about the
state for propagation purposes in following
out the plan of the commission for the
stocking Of the fields and forests for hunt
ing. The cost Of the birds range, delivered
in New York City, from $3.50 to $S25 per
pair.
Increase Of the capital stock Of the
Gallatin Seed Co, Of BOzeman, from 800
-. q mo -naa-- e. ..--sIan - 49, nun-E
with the secretary of state. The shares
have a par value Of 800.
George w. Hathaway and others have in
cOrpOrated the Cabinet Mining & Develop
ment Co., at Libby. The capital is 100000.
The Farmers Ferry Co, Of Sidney, has
been incorporated for $4,000 by Walter ID.
Kemmer and others.
q o o
For the purpose Of making a study Of the
administration Of the Washington motor
vehicle transportation law, which is. very
similar to the one under which Montana
is now operating, r.. +. McLaren. who is in
under the Montana railroad cimmissiOn has
gone to Olympia, Wash. There he will
spend some time in conference with Off
ciais Of the state department Of public
works. The Washington law has been in
operation for several years longer than
has the Montana law and il has been
amended from time to time TO meet cOndi-
lions.
MOntana's industrial compensation act
~abrOgated some Of the rights Of depend.
ents upon the wages Of WOrkmen without
furnishing n substitutes therefore, thu
state Industrial accident commission con
tends, in a recent decision. AS examples
it is pointed out that, under the cOmmOT
law, which the compensation act super
lceded, a minor between the ages Of Is anC
p years could have maintained an actor
for damages caused by the death Of hi
father and could have obtained a Judg
ment. he mo now do so, nor can al
alien father or mother collect compensation
under the act.
@ 8 O
Acting upon the application Of the North
lern Pacific railway and following a hearing
held February 4, the state railroad com
mission has issued an order denying th
application for the discOntinuanee o
agency service at Pablo, on the POlsO