The Western news. [volume] (Libby, Mont.) 1933-current, 1935-10-03

/ Turner. a N Richard and II. w. Mil
Ter were witnesses for the applicant.
Bartholomew Sullivan is also new
citizen, his witnesses being James Ma
honey and George E. Hennessy. The
third new citizen was Duncan John
Mcdonald, his witnesses being Sam G
Ratekin AID Michael A. Shanahan
The seven. children of Romeo CARR
son were declared neglected and de-
pendent children and all were COM
mitted to the orphans home with the
exception of Evaline Lorraine Garrison
who was committed to the care and
custody Of the child protection bureau.
| j. Afford Peltier of Eureka was
granted divorce from Juanita Pei
tier he to have the children for II
months of the year, she for one month.
/ George McGlenn and wife of Eureka
were given an order of adoption for
Shirley Jean Loftsgaarden.
Important Case Argued
The case of James NJ. Blackboard VS..
the City of Libby was argued before
/ the court and the matter taken under
Amusement. In this case all the facts
were agreed upon by the parties thereto
and no testimony was taken, the de-
termination of the case being wholly
matter of law.
The case involves the collection of
a $500 warrant held by Blackboard
against Improvement District No. Is
of the City of Libby, the improvement
district having been organized for the
construction of sewer in west Lib
by This district was unable to pay
all the warrants issued against ii be-
cause certain of the property in the
district defaulted the payment Of the
improvement taxes. Therefore there
was no money to pay four or five Of
the last warrants
That condition, however, does not
cover all of the present controversy.
1t turns out that one Of the districts
warrants in the sum Of $500 was paid
by a former city treasurer twice
through an error, and therefore, as
Blackford contends, the city had no
money with which to pay his warrant
because of a mistake by the city treas
urer. 1t is alleged that certain war
rant was paid by the then city treas
urer, John Johanson, who was at the
same time cashier Of the then First
National Bank. 1t is further alleged
that Johanson failed to cancel the
warrant when paid and retained 1t in
the files of the bank as an asset of
the bank. When the bank went into
the hands Of receiver, this uncancelled
warrant for $500 was found in the file
as an asset It was thereupon pre-
sented by the receiver of the bank to
the acting city treasurer, who was at
that time W. S. Spencer, cashier Of the
First State Bank. The warrant, not
being cancelled on its face. was paid
by Spencer, which was in effect paw
ing it the second time. Soon there
after it was discovered that the war
rant had been paid twice and demand
was made on the received Of the First
National Bank to return the money.
This he refused to do. II is further al
legged that the city officials took no
action to recover the money either from
Johanson, from the receiver of the
First National Bank or from Spencer.
or their bondsmen, until too late, such
action being outlawed by the statute
of limitations. Blackboard therefore
contends that if was through negligent
action Of the city's officials, or agents,
that there was not enough money in
the Improvement districts fund to pay
the warrant held by him Therefore
he is suing to recover The city con-
tends that there are certain stipulations
in the law covering such cases that
relieves the city Of any liability in
the matter Mr. Blackboard and E. NJ.
Child Of Kalispell appeared as at
torneys in behalf Of Mr. Blackboard and
Hans Walchli Of Kalispell as the at
tornev or The city.