Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1938-08-13


All its pending business disposed
Of, the Montana state supreme
court adjourned for the summer,
announcing It would rec0nvene at
$3.50 o'clock on the morning OF
Monday Sept. 26. Previous 70 ad-
iOurnment, the members Of the
court set dates for hearings on 10
recently instituted actions. The
September calendar, as announced,
includes hearings both on appealed
cases and on original proceedings.
First case to be heard by the court
at the beginning of the fall term will
be the test suit brought by the county
commissioners of Broadwater county
against the state public welfare board
regarding whether the state should pay
half the administrative costs of boards
Of county commissioners, when the
latter sit In their ex officio capacities
as county welfare boards.
Also to be argued on that date viii
be an application for a writ of review
granted by the court in a receivership
matter concerning the Southwestern
railroad
Gases set for hearing Sept. % are
that of the public service commission
against the district court of Lewis and
Clark county, In which the district
judge recently ruled in water right
matter concerning the waters OF the
Madison river, and the statutory charge
brought against Alexander Rechonen
Of Butte, who was found guilty and
sentenced to prison. He later appealed
to the supreme court from the lower
courts Judgment.
Sept. 90 hearings include that con-
corning the formation Of a new school
district In Lake and Missoula counties,
proposed to be formed out Of present
large district there and the appealed
grand larceny case Of the state against
James Fisher and Alfred Quilliam of
Butte. The men were found guilty by
jury and sentenced to one year each
in the state prison for the theft Of $50
from Morey Vanina, also Of Butte.
Other cases on the fall calendar are:
Sept. SON ontana Consolidated
Mines against Robert O'Connell, 81
mining action appealed from Lewis
and Clark county; Herman Ingman
against @. L. Hewitt, an accounting
case also appealed from this county.
Oct. 1-Moser against Fuller and
others, and william Tnlzret against the
railroad, damages.
The court cleared its docket In prep
aration for adjournment when it hand
ed down decisions in five appealed
cases.
1t held In one case that the Gallatin
county high school Is entitled to the
Of the sale Of the old Y. MICA.
building In Bozeman, which for several
years was owned by the school and
used for gymnasium and classroom
purposes. The court directed the Gal
latin county treasurer to pay the funds
to the high school, rather than divide
the proceeds Of the sale among the
several school districts Of the county.
The building In question was sold by
the county commissioners at the re-
quest of the high school board for
ST., 500, of which So 800 was received
In cash and the balance win be paid in
annual instauments.
Another decision held that Montana
cities may limit the number of beer
parlors and saloons operating IN them.
In the ruling the court denied the writ
sought by Byron j. McIntire who
sought TO compel the Libby city coun-
Gil to issue him beer dealers license.
"To limit the number Of places where
beer Is sold Is, in our opinion, reason
able exercise Of the police powers of a
and not in conflict with
any statutory provision" the decision
held.
The court also affirmed a Glacier
county district court Judgment denying
a $04.50 claim of q court reporter
against the county and remanded to
the district court Of TooIe county al
case brought against the city of Shelby
by the purchaser Of q special improve |
ment district bond. The lower court
Is to hold such further proceedings |
as are necessary to conform with the |
decision, which ruled payment Of in
terest on all outstanding bonds Of the
series in question should take prece- |
dence over retirement OF the bond held |
by the plaintiff purchaser, Susie A.
Griffith.
The fifth decision was In a case ap-
pealed from the Lewis and Clark !
county district court, which had an
nulled an order appointing a water
for Willow and Little 1
willow creeks In the northern part OF 1
the county. The supreme court upheld
The decision and stated the Cascade
county district court had jurisdiction
10 appoint the commissioner as the
,reeks were in basin IN which water
rights were adjudicated by the Cascade
court in 1911.