The people's voice., 1942-12-18
Montana Supreme
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glance what is conceded to be the
richest hill on earth. 1t is hemmed
in on the north by Walkervile, on
the east by Meaderville, and on the
south by Butte, but to the west it has
unlimited opportunity for expansion.
One other factor must be considered
here that lends support to the con-
clusion that Centerville is a town. I'm
like Rocker in the very heart and
center of Centerville there stands a
church. In close proximity the
preachers modest mansion rose OF
the preacher it can truthfully be said
he never had changed, nor wished to
change his place. He is more bent
to raise the wretched than to rise,
as he has watched and wept, and
prayed and felt for ALL In vain he
has toiled from year to year to, Teach
erring man to spurn the rage of gain
Preparing his sermons in Spencerian
style, by preachment as well as prac-
tice. he proclaims the gospel teaching
that man does not live by bread alone.
This church, with it's influence for
good, stands as living testimonial
that the brothers of Centerville dwell
together in unity so as to make Of
that community a town within the
meaning of Chapter 1853, Laws 1941.
This court has not the hardihood to
say to the people of Centerville that
they do not live in a town but that
they are part and parcel of the city
of Butte. We hold that Centerville is
a town.
''Nissler is situated a short distance
from Rocker. 1t is listed on the map
and has about the same qualifications
as Rocker for a town What we have
said about Rocker applies also to it,
"Also West Butte is found on the
map and is entitled to be classed as
town. separate and apart from the
city of Butte East Butte does not
appear on the map, but we think over
sight or inadvertence on the part of
those who prepared our maps should
not penalize the people of East Butte,
nor deprive them of the advantage of
being divorced from the city of Butte
proper. Notwithstanding this grave
error on the part of those who pre-
pared our maps, we hold that East
Butte is a town.
"As to the other places claimed also
to be towns, we agree with the board
that they do not fall in that category.
In the first place, they are nameless.
The people residing in those respec-
tive communities would be shocked
to learn that they are living in
nameless town having an identity sep
arate and apart from the city of Butte.
Their respective communities have
neither seat, situs nor soul separate
and apart from Butte. Their social
and cultural life is that of the city
of Butte. Though not within the city
limits of Butte, these claimants must
be held not to be operating in any
other town but have their places of
business to all intents and purposes
in Butte. The streets are but extern
sions of city streets of Butte. The
board is correct in exacting a fee
from them in the sum of $500.
"While there does not appear to be
any good reason why their fee should
be $500 per annum, while the opera
tors in Meaderville, Rocker, Center
vile, and other communities which
we have held to be towns, only pay
a fee of 5000, the remedy, if one is
forthcoming, should emanate from the
legislature
"One other point must be noticed.
Two claimants paid the 5000 fee with
out protest, and the money found its
way into the state treasury. The
board contends that in view of the
cases of In re Pomeroy's Estate, 81
Mont. 119, ISL Pac. 333, and First Ma
tional Bank v. Sanders County, IS
Mont. 451, 279 Pac. 247, it requires
a legislative act to extract the money
from the state treasury. Since these
claimants are held not to be operating
in a town separate and apart from
Butte, their proper fee is 5000 and
hence they are not entitled to a re-
fund, and this point requires no con-
sideration.
"The judgment will be modified in
accordance with the views herein
stated and as thus modified will stand |
affirmed.
1.-THE court will consider written |
briefs by respective parties as to their
views of the proper division of costs
of this appeal in view of the result"