davidaulloa/AmericanStories huggingface dataset:
Montana labor news., 1944-05-11
Work in the Montana
Supreme Court

For week EnQln8 May o. 1874
May Stony Elich VS.. Industrial Accident
Board. Appealed from Mussleshell County
Roundup. Unanimous opinion of the Court
prepared by Justice Left Erickson.
FACTS;
Elich was injured while working for Jeffries
Coal Mining Company and applied to the
Industrial Accident Board for compensation.
He was allowed s2l a week but the number
on weeks the payments were to extend was
not determined Later the board and Elch
entered into an agreement in which 1t was
agreed that the claimant would receive a total
of 312la weeks. After the last payment had
been made Elich made application for the
payments to continue for the full 5OO-week
maximum allowed by law. The board refused
to entertain the application and based their
refusal upon the agreement.
HELD:
on appeal it was held that the agreement
was Intellectual since the board by law must
pay the claimant all that he was by, Jaw
entitled and an agreement wherein the claim
ant agreed to take less was not binding. Tn
case was sent back for a trial on the issue
as to whether the claimants injury entitled
him to the maximum Of 500 weeks allowed
NAV 5th-B. Kesselheim Inc. VS.. Samuel J
Cocklin ard others. Appealed from Wheat
land County, H%arlowton. Unanimous opinion
of the court prepared by Chief Justice Howard
A. johnson.
HELD:
IN a quiet title action in which the plaintiff
claimed to be the owner Of an undivided one
half interest in the mineral and mimi
rights by virtue Of tax deed, it was held tina
the tax deed was invalid because of failure Il
observe the mandate of Section 22l2, Revised
Codes 1885, requiring the filing Of an aft
davit with the county treasurer showing serV
ice Of notice OF application for the tax deed
ORDERS.
NAV 5-Petitions for rehearing were deniel
in the following cases which were h%eretotor
reported in these releases:
John Beedle VS.. T.. H. Carolani from Rose
bud County, Forsyth.
Nick Andrews VS.. City Of Butte, from silve
Bow County, Butte.
Thomas Woodward VS.. John E. Perkins, fror
Powell County, Deer Lodge.
Prepared and released by Peter Melol
marshal. Supreme Court Of Montana.
Montana labor news., 1944-05-11

In the District Court Of the Second Judicial
District Of the State of Montana, In and
For the County Of Silver Bow.
THOMAS J. KNUCKEY and
KNUcKEY, Plaintiffs,
HENRY J. RYAN. and the heirs Of Henry J.
RYAN; JAMES RYAN, and the heirs OF
James Ryan, NARY RYAN, and the nelrs
of Mary Ryan, FRANK 7. RYAN and
MARY E. RYAN, his wife, and the heirs
Of Frank T. Ryan and Mary E. Ryan, and
all other persons unknown, claiming, or
who might claim any right, title, estate
or interest in or lien or encumbrance
upon the real property described herein,
or any part thereof, adverse to plaintltts.
ownership, or any cloud upon plalntllIs
title thereto, whether such claim, or pos
sible claim, be present or contingent, IN
Guiding any claim, or possible claim OF
dover. inchoate or accrued, Defendants.
THE STATE OF MONTANA to the above
named defendants and all other persons I'M
known, GREETINGS.
Won are hereby summoned to answer the
Complaint in this action which is filed in the
office of the Clerk Of this Court, a copy OF
which is herewith served upon you, and TO
file your answer and serve a copy IheIeol
upon the plaintiffs attorney within twenty
(2OD days after the service of this
exclusive Of the day Of service; and in case
J of your failure to appear or answer, judgment
will be taken against you BY deIault LOT inc
relief demanded in the Complaint.
This action involves the title TO the real
property situate. lying and being in the City
Of Butte, County of Silver Bow, State OF
Montana, and more particularly described as
follows, to-wit.
Lot No. Eleven IN in Block No. -Four
"a Of the Great Western Addition to the
City Of Butte, Montana, according to the
official plat and survey thereof on file
and Of record in the office Of the County
Clerk and Recorder Of Silver Bow County
Montana.
The nature of the relief sought by plain
tiffs is as follows:
To quiet plaintiffs title to all Of the abov'
{ described property as against the above name'
defendants, both known and unknown ant
to establish by decree Of the above entitle'
Court that none Of the defendants, eithe
/ known or unknown, have any right, title o
interest in, or lien or encumbrance upon az.
Of said property, or any dover right therein
| inchoate or accrued.
WITNESS my hand and the seal OF sal
Court this 18th day Of April, l944.
6Conrt seaD ELMER SHEA,
CLERK Of the above entitled Court
BY D. F. HOLLAND, Deputy Clerk
F. G. FLUENT,
Attorney for Plaintiffs,
First Publication April 20, i94-4T
Montana labor news., 1944-05-11
University Plans for
Commencement

Commencement activities for the
graduating seniors at Montana State
university will be packed in four days,
from Friday, May 20, through Monday,
May %, the presidents office announces.
Heading the list of events honoring the
class of "A will be the prizes and awards
-convocation on Friday, May 26, at II
a. m, in the student union auditorium.
Commencement dinner for seniors,
their relative and friends, and faculty
members, will be held Saturday, May 81,
at 6 p. m. in the Florence hotel. on
the same evening the university band
will present a concert on the campus at
8 o'clock, followed by Singing-on-the-
Steps at 9 O'Clock, and the Lanter Pa
rade of Associated Women Students at
$50 O'Clock.
On Sunday, May %, there will be an
art exhibition in the Women's club Art
building from 2 to $50 p. m. Bacca-
laureate service will be at 8 p, m. in the
student union auditorium.
Climax to the four days of activities
will be the forty-seventh annual COM
mencement, to be held in the student
union auditorium at 2 p. m. Monday,
May 20. Following commencement will
be a reception by the university for the
graduating class, their relatives, alumni
and friends, to be held in the Gold room
of the student union. .
Montana labor news., 1944-05-11
No. 40.861
L SUMMONS

In the District Court OF the Second Judicial
District Of the state Of Montana, In and
For the County of Silver Bow.
AIRLINE COWDREY, Plaintiff,
ROBERT CoWDREY, Defendant.
The State of Montana Sends Greetings TO the
Above Named Defendant:
You are hereby to answer the
complaint in this action. which is filed in
the office of the Clerk Of this Court, a copy
Of which is herewith served upon you, ana
to file your answer and serve a copy Thereon
upon the plaintiffs attorney WITHIN twenty
days after the service Of this summons, eX-
elusive Of the day Of service; and IN case OF
your failure TO appear or answer, Judgment
will be taken against you by default Ior lhe
relief demanded in the complaint.
Plaintiff complains Of the defendant ana
alleges as follows, to-wit;
That the plaintiff and the defendant inter-
married on the 9th day Of June, 1910, at
Butte. Montana, and ever since SAID cate
have been husband AMI wife.
That the plaintiff has been an actual and
bona-fide resident of the State OF Montana
for more than one year immediately neNt
preceding the commencement OF this action
for a divorce.
That as a result Of said marriage between
plaintiff and the defendant there has been
born one child, to-wit; Virginia Dane COW
drey. Of the age of two years, and that the
plaintiff is a fit and proper person to nave
the care. custody and control OF sald minor
: child. That plaintiff prays that her maiden
: name be restored 10 utI.
That the plaintiff has in all things Cd
served her marital relation and obligations to
this defendant as the wife Of this defendant
but that this defendant has wholly failed IN
that regard toward this plaintiff as the hus-
band Of this defendant and has for more
than one year Immediately preceding this
action. to-wit. that on or about the 18TH
dav of December, 1871, the defendant disre-
garding the ~solemnity Of his marriage vows
with the intent to desert and abandon this
plaintiff and TO live separate and apart from
this plaintiff did wilfully and without cause
desert and abandon this plaintiff, and ever
since December 10, 1941, has and still COM
tinues to so wilfully, Intentionally and with
out cause desert this plaintiff, and to i've
F, separate and apart from the plaintiff without
sufficient cause or reason whatsoever ano
against her will and without her consent.
! WHEREFORE, plaintiff prays judgmeni
against the defendant for a decree Of absolute
divorce dissolving the bonds of matrimony
heretofore and now existing between the plain
tiff and the defendant. That plaintiff b.
|. awarded the care, custody and control OF sac
minor child and that plaintiff be restored t.
her maiden name. and for such other anC
further relief as may seem just and equitable
in the premises.
WITNESS my hand and the seal of sai'
Court this 18th day Of April, A. D., 1874.
Court Seal ELMER SHEA CLERK
BY FRANK HOLLAND, Deputy Clerk.
T. F. O~'CONNEIL,
Attorney for the Plaintiff,
Courthouse, Butte, Montana.
Z First Publication April 20, l944-4T
Montana labor news., 1944-05-11
LEGAL NOTICES
No. 40854
SUMMON.

No. 40854
SUMMONS
In the District Court of the Second Judicial
District Of the State Of Montana, In and
for the County of Silver Bow.
FRANCES STARK, Plaintiff,
vs..
RAY STARK, Defendant.
The State OF Montana Sends Greetings to the
Above Named Defendant.
You are hereby summoned to answer the
complaint in this action, which is filed in the
office of the Clerk Of this Court, a copy OF
which is herewith served upon you, and to
file your answer and serve a COPY thereof
upon the plaintiffs attorney within twenty
days after the service Of this summons, eX-
elusive Of the day of service; and in case OF
your failure to appear or answer, judgment
will be taken against you by default for the
relief demanded in the complaint.
A general statement Of the nature OF the
action follows:
Plaintiff herein seeks an absolute divorce
fro mthe defendant, Ray Stark, on the grounc
Of extreme cruelty existing and persisted II
by defendant and toward plaintiff for more
than one year before the commencement Of
this action causing this plaintiff greYiou!
mental suffering.
WITNESS my hand and the seal Of sale
Court this 18th day Of April, A. D., 1914.
Court Seal ELMER SHEA, clerk
BY D. F. HOLLAND, Deputy Clerk.
H. l.. MAURY. A. G. SHONE
Attorneys for Plaintiff
80 Hirbour Bldg, Butte, Mont.
First Publication April 20, l944-4T
Montana labor news., 1944-05-11
No. l2.195


In the District Court Of the Second Judicial
District of the State of Montana, In and
For the County OF Silver Bow.
In the Matter of the Estate Of August Wen
eel, Deceased.
Ethel May Nettle, the administrators of the
estate of August Wenzel, deceased, having
filed her duly written verified petition herelh,
pravine among other things, for an order Of
sale of the whole of the real estate and per-
sonal property of said d%ecedent, for the pur-
I poses and upon the grounds and for the rea-
sons that the said estate is insolvent ana
that the sale of all Of such real estate and
personal property is necessary to pay the
( debts outstanding against said deceased, tu-
neral expenses, expenses and charges OF ad-
ministration, including real estate mortgage
and taxes. and that the said personal property
is insufficient for such purposes: further, that
a description of said real estate and personal
property is as follows:
'Real estate consisting Of lots six t6l
and seven a. Block fourteen tl4l OF tne
Leepatt and Foster Addition to the city
of Butte. Montana, according to the Off
cial map and plat thereof on file ana OF
record in the office of the County CLERK
and Recorder Of Silver Bow County,
Montana, with improvements theIeon eons
sisting Of Apartment Houses numbered
500 to 624 inclusive East Galena Street,
Butte. Montana; said realty being stu
ated in the city Of Butte, Silver Bow
County, Montana"
personal property consisting Of;
1000 shares of ST. ndard Silver-Lead
WV "-HEE
Mining Company,
10000 shares of Montana Consolidated
Mines Corporation,
1900 shares Ardsley Butte Mining Cor
poration,
5000 shares Butte Mines holuinB Com-
pany,
Mines, -
loo shares Barnes King Development
So shares Montana states Mining Cor
i2.5OO shares Montana Consolidated
! Mining Corporation, and furniture
d And good cause existing therefor:
ordered. Adiudged and Decreed, that a
nersons interested in the estate Of said dc
cedent appear before said court and the Hol
II. f. Downey. judge thereof, in departmeI
. of said court in the court house OF sal
I county in the city Of Butte, Silver 30
( County. Montana, on Saturday, the 2Oth ga
a of Nav. 1914, at 10 O'Clock a. M OF said ga
= to show cause why an order should not
y granted the said administrators 10 sen u
"a whole and al Of said real estate ana pei
e sonal property as in said petition p'ay'
4 for, and, a
|, Further ordered. that a copy Of this ord
shall be published once a week for two COZ
~secutive weeks before said day Of hearing
the Montana Labor News, a newspaper
If general circulation printed and published ar
circulated in said county Of Silver Bow Sta
l. Done in open court this 2sth day Of Apr
1914. r.
lie First Publication May a, l944-2I
Montana labor news., 1944-05-11

NOTICE TO CREDITORS

Estate Of EARL JOSEPH PICARD. Deceased
Notice is hereby given by the undersigned,
Frank j. Roe, Administrator OF the estate OF
Earl Joseph Picard, deceased, TO the creditors
Of and all persons having claims against the
said deceased. to exhibit them, with the
necessary vouchers, within four months after
the first publication Of this notice to the said
administrator at the office of Frank j. Roe
Court House. Butte, Montana, the same being
nc place for the transaction Of the business
Of said estate, in the County Of Silver Bow
State Of Montana.
FRANK ]. ROE,
Administrator of the Estate Of Earl JOSEPH
Picard, Deceased.
DATED Butte, Montana, this 10th day Of
May, 1914.
Montana labor news., 1944-05-11
NOTICE OF APPLICATION FOR

NOTICE is HEREBY GIVEN That the
undersigned will on the goth day of June,
1914. apply to the County Treasurer Of Silver
BOW County, Montana, for a tax deed TO the
following described property, to-wi The
Peterson Mining claim Survey No. 1888, located
in sections is and % twp. sn range 8 West,
Louis Mining Claim Survey No 1898 located
Sections l and SO Twp 3 and 4 N. Range 3 W
Florida Ming. Claim Survey No. 1887 and the
Hecla Fraction Ming Claim Survey No l64l
located in Sections 2 Twp. 3 N. Range 8 West
Located In Silver Bow County, Montana.
Amount due s424.67.
DATED this 18th day Of April. 1914.
FRANK BENCH, Applicant.
First Publication April 20, 1944-4T
Montana labor news., 1944-05-11
No. 1889
NOTICE OF SALE OF REAL ESTATE

nv ~ Va 2AAAaAa
In the District Court Of the Second Judicial
District Of the State Of Montana, In and
For the County of Silver Bow.
In the matter of the Estate OF jester D.
PRUDEN, also known j. B.. PRUDEN, De-
NOTICE is HEREBY GIVEN That The
Miners National Bank, the administrator oil
the estate Of Jester B. Pruden, also known
as j. b.. Pruden. pursuant to an order OF
the above-entitled estate, duly given ana
made on the 18th day Of April. 1914, VIII sci.
at private sale to the highest Dldoet ~
cash. and subject to the confirmation OF salu
Court. on and after Saturday, the goth DAY
Of NAV. 1914. at the hour Of 1000 o'clock,
A. NJ, all of the right title and interest Oh
Jester B. Pruden, also known as D. q. fIuuei
in his lifetime or of the estate OF Jester IS
pruden. also known as j. B. Pruden IN ano
to the following described real property stu.
ated in the County Of Silver Bow, State OF
Montana, and particularly described as fol-
Lot numbered five tl and the south
half of Lot four az of Block One % Of
the Lenox Addition No. 2 to the CITY OF
Butte. Montana, according TO the Official
plat and survey thereof on file and OF
record in the office Of the County Clerk
and Recorder Of Silver Bow County
Terms and conditions Of SALE: Cash, Lawful
money of the United States, 1900 Of the pur
chase price to be- paid upon making bid. anC
the balance upon confirmation OF sald sal
by the said District Court, and upon I'M
delivery Of a deed. 49,
Bids will be received in writing up to TN
date of sale at the Miners National Bank o
Butte. 49 West Park street.
THE MINERS NATIONAL BANK
Or BUTTE,
Administrator of the estate Of Jester z
Pruden, also known as j. B. Pruden, De
ceased.
EARLE N. GENzBERGER,
2O3-4 Lewisohn Building. Butte, Mont
Attorney for Administrator
First Publication May 4, l944-SI
Montana labor news., 1944-05-11

Estate of THOMAS T~REv1rH1cK. Deceased.
Notice is hereby given by the undersigned
Executrix Of the estate of Thomas Trevithick
deceased. to the creditors Of and all persons
having claims against the said deceased, Ia
exhibit them, with the necessary vouchers
within ten months after the first publication
of this notice TO the said executrix at COLI
Metals Bank Building, Butte, Montana, the
same being the place for the transaction Of
the business Of said estate, in the County Of
silver Bow. state Of Montana.
MINNIE SHELLEY HANLEY,
Executrix Of the Estate Of Thomas Ire,
vithick, Deceased.
DATED Butte, Montana, this 18th day o.
April, 1914.
T. J. DAVIS,
Attorney for Executrix.
First Publication May 4. l944-4T
Montana labor news., 1944-05-11
NOTICE TO CREDITORS

Estate of JOHN ERl, deceased.
Notice is hereby given by the undersigned
administrators Of the estate of John Peri,
deceased. to the creditors Of and all persons
having claims against the said deceased, to
exhibit them, with the necessary vouchers,
within four months after the first publication
of this notice to the said administrator at
the office Of the Public Administrator Of Silver
Bow County, located in the County Court
house of said county, Butte, Montana, the
same being the place for the transaction OF
he business Of said estate. in the County Of
silver Bow, State Of Montana.
MARY WALSH,
Administrators Of the Estate Of John Peri
Dated Butte, Montana. this 9th day Of
April, 1914.
Montana labor news., 1944-05-11

NOTICE OF SALE OF REAL ESTATE
In the District Court Of the Second JUDICIAL
District of the State of Montana, In and
For the County of Silver Bow.
In the Matter Of the Estate of PETER SARAH
CIC. otherwise known as PETER SARAY-
GIG. Deceased.
NOTICE is HEREBY GIVEN, that under
and by virtue Of an order, duly made, rem
dered and entered in the above entitled Court,
on the 26th day of February, 1914, the under
signed Executor will sell at private sale, the
following described real property situated IN
silver Bow County, Montana, to-wit;
All Of the right. title and interest of the
decedent at the time Of his death, as well
as all estate, right, title or interest acquired
by the estate of the decedent by operation
of law or otherwise other than or in addi-
ton to that of the decedent in and to;
Lot 10 in Block 3 Of the Noyes and
Upton Railroad Addition No. 2 to the city
of Butte, according to the oiilcial piat
thereof, recorded in the office of the
County Clerk AMI Recorder Of Silver Bow
County, Montana.
Also beginning at the Southwest corner
Of the tract herein described, which Is
also the point Of intersection OF the
North line Of M. E. 511 and the East end
line of Sur. No. 759, Nellie Lode, and
running thence North 10 So f. l6 IT,
thence North $40 g. East 77.8 it., thence
South SO ST. East 1913 IT,, thence South
800 49, West 81.9 feet to the place OF
beginning, being known as Lot 7, BLOCK
2 on the Railroad Lode according TO an
unrecorded plat of same, excepting and
reserving all ores and minerals beneath
the surface of said lands, together with
the right to mine for an extract the
same as reserved by conveyances OF
record.
Said sale will be made on or after the 2Otl
day Of May, A. D., 1914, at 1000 o'clock a. m
at the office Of j. f.. Emight, So West Broad
way, Butte, Montana, where bids VIII be re
ceived, which bids must be in writing.
The terms Of sale are as follows:
Cash, 10 per cent Of the proposed bid &C
compatlying said bid, and the balance Il
cash UPON confirmation of sale.
Dated this End day Of May, A. D." l94f.
Earl II. WALKER, Executor
First Publication May 4, l944-3r
Montana labor news., 1944-05-11

NOTICE OF TIME APPOINTED FOR
PROVING WILL. ETC.

In the District Court OF tie Second Judicial
District of the State OF Montana, In and
For the County of Silver Bow.
In the Matter of the Estate Of FRANK T.
MCCARTHY. Deceased.
Pursuant to an order Of said District Court,
made on the 3rd day Of May, 1914, notice is
hereby given that Saturday, the goth cay OF
Nav. 1914. at $3.50 O'Clock A. M, Of said day
at the Court Room Of said Court in Depart
ment / thereof at the City Of Butte in the
said County Of Silver Bow, State Of Montana
have been appointed as the time and place
for proving the Will Of said Frank T, Nc
Carthy. deceased, and for hearing the petition
of Mrs. Frank T.. Mccarthy for the issuance
to her of Letters T-estamentary, when ano
where any person interested may appear ano
contest the same. and show cause, If any he
has. why said petition should not be granted
rConrt Seal ELMER SHEA,
Clerk Of the Court.
BY d. G. WALSH. Deputy Clerk.
First Publication May 4, l944-3I
Montana labor news., 1944-05-11
NOTICE tn CREDITORS

Estate Of ROLAN L.. OIKLE, Deceased.
Notice is hereby given by the undersigned
ADMINISTRATIVE Of the estate OF Roland L.
Dixie, deceased, to the creditors OF and an
persons having claims against the said de-
ceased, TO exhibit them, with the necessary
vouchers, within four months after the ilrst
publication Of this notice to tho said adminis-
tratrix at the offices Of Poore & Poore, 4O4-4Oo
Silver Bow Block, Butte, Montana, the same
being the place for the transaction OF the
business Of said estate, in the County OF
Silver Bow. State Of Montana.
HATTIE GRACE WOODS,
Administrative Of the Estate Of Roland L.
Dixie, Deceased.
Dated Butte, Montana, this nth day OF
April. 1914.
Montana labor news., 1944-05-11
No. 12.l47
NOTICE OF SALE OF REAL ESTATt

No. 12,l47
NOTICE OF SALE OF REAL ESTATE
In the District Court of the Second Judicial
District of the state of Montana, In and
For the County Of Silver Bow.
In the Matter Of the Estate OF LAVlNA
PASCOE, Deceased.
Pursuant to an order duly given ana maze
in the above entitled Court and matter on
the 22nd day of April, 1914, the undersigned
administrator of the above entitled estate
will sell at private sale, in one parcel 70
the highest bidder for cash on or alter tne
25th day OF May, 1914 all Of the rlght, Ute,
interest and estate of said deceased, az the
time Of her death, and all Of the right, title
interest and estate, that said estate mas ac-
ouired bv operation of law or otherwise, IN
and to the following described property, to-
wit: uo ho,f
of lot No. Sixteen C6) in Block NO.
Fifteen Q5l Of the Grand Avenue Addi-
tion to the City Of Butte, Montana, ac-
cordinp to the official plat and survey
thereof now on file and OF record IN the
Office Of the County Clerk and Recorder
of Silver Bow County, Montana, ana STU
ated at No. IT'S Grand Avenue Butte
Sale subject to the confirmation of the
above entitled Court. Sale will be made toI
lawful money Of the United States, payable
on confirmation Of sale, All bids must pc N
writing. and may be left at the office OF r
@ Fluent. SIG Metals Bank Building, Butte
Montana. or delivered to the undersigned adj
ministrator personally, or filed In the Office
of tbe CLERK of the above entitled Court aitel
Inc publication Of this Notice, and before TN
making Of said sale.
Lawn +. c. FLUENT,
Administrator Of the Estate Of Lavina Pas
coe, Deceased. am
Montana labor news., 1944-05-11
NnTICE no CREDITORs

Estate Of ANNA BERGLIN, Deceased.
Notice is hereby given by the undersigned
Administrator. of the estate Of Anna Berglin,
deceased, to the creditors Of and all persons
having claims against the said deceased, to
exhibit them. with the necessary vouchers,
within four months after the first publica-
ton Of this notice to the said administrator
at 5O7 Silver Bow Blk, Butte, Montana, the
same being the place for the transaction oil
the business Of said estate, in the County OF
Silver Bow, State Of Montana.
EDWARD BERGLIN,
Administrator of the Estate Of Anna Berglin,
Deceased.
DATED Butte, Montana, this 29th day Of
April, 1914.
H. A. TYVAND,
Attorney for Administrator,
5O7 Silver Bow Blk, Butte, Montana.
First Publication May 4, 1944-4T