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MHtnstautirest Grocery JaN.27
Good Gerlcaes Cheap No matter bow low the pries, you. can always depend on the quality at Lutey Bros. We are never satisfied unlese you ar tiou lire safe in dealing here, RICE A ton of tancy'lietd rice, the same grade as our 12%c, slightly brok en, poubd........... ......8 1.-8 PURE JELLY It is so easy to adulterate Jelly that the temptation is seld'm re sisted. Our Silver Kettle currant -jelly is absolutely pure; 5 pound glass jar $1.26; fancy tumbler ...................... 25c CHEESE Take a look at our cheese depart ment. It is a model of neatness and cleanliness. Our assortment is most complete; nearly every country is represented by its different kinds. SUGAR 17 pounds finest granulated sugar .;..................;...... 0 SAUl!RKRAUT Silver shred krout, pound..... ...5c BUTTS k Our B. B. butter is simply delicious. It's absolute purity and rich gold en flavor delights every one; pound .........................O30 A fine table butter, pound......25c QUAKER FLOUR Is truly the "finest of the fine." We cheerfully refund your money in full, if after a fair trial it does not suit you 100 pounds $2.75; per sack......$1.40 A fine bread flour, sack.......$1.10 QUAKER BREAD We do not "say" It is better than you make, but we "believe" it Is. Try It; 4 loaves or tickets.....25e EGOS Strictly fresh eggs, dozen...... 85c PICK LES A glance at our splendid assort ment of bulk pickles, so temptingly displayed In dust-proof glass jars, will not fail to make you pickle hun;ry. Sample them and be con vinced that they are better than you buy elsewhere. FRESH TIEATS We sell only first class, tender and juicy meats. Our store Is so large that a great many never get back far enough to see our finely equipp ed meat department. Fresh spring chickens, fat hens, plump young turkeys, geese, broilers, oysters, etc., always on hand. LUTEY BROTHERS GOOD GROCERILSII[AP 47 W. Lark Phnn.' 64 TAX MEN M[[T IN ANNUAL SESSION (Continued From Page One.) better understanding between the repre resentatives of the different industries of Montana," said President John C. Sullivan at the Finlen last night. "It was never a question of injustice on the part of either side that created any dissension; it was merely mliun derstanding. "To reach a better understanding an assessors' meeting was suggested w:+h a view to bringing the stock andi n.,%;ng people together and giving each side a chance to present Its position. "People sometimes do not consider what an enormous territory Montana includes and how widely different are the inter ests in different parts. Why, I would venture to say that in our county-Cho teau-you wouldn't find one man `n every hundred who had ever seen the shaft of a mine, and on the other hand how many there are here in Butte who know prac tically nothing of the stock business. "In that strange fact lays the neces -ity for an assessors' meeting. All Kinds of .attle. "Down in Choteau county we have more than 600,000 head of sheep; In the mining counties you have somet!mes 300 or 400. "Then the conditions are so entirely different in the two communities that it became necessary to understand why certain property in one section had an entirely different value from the same class of property In another sectian. This led to the discussion of an equalization of values. "There is a popular mistake about the equalization of values. For instance, a sheep in Silver Bow county is worth twice as much as a sheep in Choteau county, for the following reasons: On the open ranges and especially In Not th ern and Eastern Montana sheep are handled In large bands of from two to three thousand head. Naturally in deal ing with large numbers the percentage of loss is very great. A hard winter may kill off 50 per cent of the band, dis ease may creep in; coyotes and wolves continually get away with them and ther sometimes they stampede and pile up in a washout and hundreds are lost at one time. "All these causes tend to reduce the actual value of sheep on the range, while the market values may remain the same. "When run in smaller hands as they are in the vicinity of the large cities, the percentage of loss is not nearly so greant and the proximity to a home mar ket tends to increase the values. "Not long ago a sheepherder near Fort Benton became crazy and lost some 2000 head; he Just simply let the band run loose on the prairie until the volves and coyotes got away with the most of them. Poch a thing would be impossible with the method of handling them in small "The n'soclation has be'en in existence since 1QR and is growing in favor every year. We are going to have renresenta. tl.es from every counvy in the Mtate, amoncr whmn will hb chairmen of boards of comnmiwsioners and others directly in teret.ed in the nuestlon of taxation. "A 11 our pirevious meetings have been held in I-elena." F. AUG. II[INZ ON WIThfSS STAND' KR SAYS K A NO STOCK IN TeI NIPUa MINING COMPANY. INJUNCTION SUIT HEARING Mr. Ieinze Testifiel About the Nipper Company and Him Interest in the Mine-Thotught He Owned the Plant. The hearing in the suit brought by the Anaconda Copper company against the Nipper Mining company, F. A. Heinse and others, to recover joint possession of the Nipper mine and for an Injunction against the .defendants to prevent them from further operating the mine until the interest of the plaintiff should be de termined, opened In Judge Harney's court this morning. When the hearing began, Attorney C. F. Kelley, representing the Anaconda company, read the complaint and stated the contention of the plaintiff. "The complaint contains two causes of action, the first of which is that the de fendants have ejected the plaintiff from the Nipper mine, of which It owns a five thirty-sixths interest," Mr. Kelley said. The attorney then stated that, despite the rights of the plaintiff, the defend ants assumed exclusive possession of the Nipper mine prior to January 2, 1902. The prayer of the complaint, he said, asked for the restitution of possession. The second cause of action in the com plaint repeated the allegation of eject ment. This part of the complaint also alleges that the defendants are mining and ex tracting ore and committing waste; also that they will continue to do that if not restrained. It alleges that the plaintiff has no means of ascertaining what is being done and has been denied access to the mine. It also alleges that it is being done great and irreparable damage. To the complaint Helnine has replied separately, denying the allegations. The other defendants owning interests in the Nipper are outside of the state could not be served. After this a number of affidavits sup porting the complaint were read by At turney Kelley. Alleges Admission Denied. The affidavits were made by August Christian, chief engineer of the plain tiff company, and others, and alleged that the defendants were mining and extracting ores from the Nipper mine, and had refused the plaintiff admission to the property. The affidavits were all objected to by Attorney Denny, for the defendants, on the ground that they were not compe tent to support the complaint. He con tended that they did not show that the plaintiff had been excluded from the mine, because its agent had not applied to E. H. Wilson, who was in charge, for admission. He also declared that they did not show that the ore hoisted out of the Nipper shaft came from within the lines of the mine. He did not think they went far enough. The court, however, thought they were competent to prove some facts and over ruled the objection. Then Mr. Denny took an obiection. AMr. Kelley next said 'he had three wit nesses, E. H. Wilson, Harry Hurley and F. Augustus Helnze. Mr. iHeinze was not present, and he asked that an attach ment he issued for him. Mr. Heinze was telephoned for and cnme in while the other witnesses were beRhg examined. Hurley, who is foreman for the com pany operating the Nipper mine, was put on the stand by Mr. Kelley. He was the man who refused the representatives of the plaintiff admission into the Nipper mine, according to the affidavits. Ordered Nipper Closed. "Are you foreman at the Nipper mine, Mr. Hurley?" Mr. Kelley asked. "Yes, sir," the witness replied. "How many men are working for you?" "Nobody." "When did you discharge them?" "Night before last." "Did you discharge them because this hearing was coming?" "No, sir." "is there no one working at the mine now?" "No, sir." "JIs there no steam there?" "No, sir." "Who instructed you to close down?" "Mr. Wilson." "How long will you be closed?" "I don't know." "Did you take the pumps out?" "There were no pumps there," "Was there no water?" "None that troubled us." "You let the water run, do you? You let somebody else take care of it?" "Yes." "How many men did you have em ployed before you closed down night be fore last?" "About 16 or 17 a shift." "Were you extracting and shipping ore?" "Yes, sir." "Do you ever receive instructions from Mr. Heinze?" "No, sir." It Is Carlos Warfield's Mine. Then the witness said tihat he did not know who owned the mine 'buildings on the Nipper property, or who the com p:ny was he worked for; and that he had worked in the mine for about a year in all under the various companies that had worked it. He worked for Trerlse & Co. before working for the people run. ning the place at present. The present company is Wartleld & Co. Mr. Denny here opened the cross-ex amination of the witness. "Do you know where any boundary lin'es under t'he surface are?" he asked. "Yes, sir," the witness replied. "Has any ore been mined within the 'boundary lines of the Nipper mine dur Ing the past two months?" "No, sir." "Then since December 18, 1901. there has been no mining within the boundary line of the Nipper mine?" "No, sir." "Where did the ore recently taken out of the mine come from, theat?" M Kellhy asked.... " eh4 preelpitated a struggle to preVeit the witness from answering, on the part of Mr. Denny. He obijeted to the quea tion on the around that territory out aide the Nipper mine was not included In the controversy between the parties to thls suit. The court was of the opinion, however, that the question was not put for the purpose of obtaining evidence as to the other ground, but to test the knowledge and memory of the witness, and he over ruled the objection, an exception being taken to the ruling. From the South, He Baid. "Answer the question,". Mr. Kelley said. "The ore comes from so'uth of the Nipper clahn," the witness replied. Then the witness testified that he hal been told by a surveyor nramed 't'urner, ince In the employ of Mr. Heluse, where the south line of the Nipper is. He also knew where the stakes are on the sutr Pace, but not where the line is down below. Mr. Kelley moved to strike out Hur ley's evidence as 'to where ore hoisted from the Nipper shaft canie froni, on the ground that tihe latter did not know of his own knowledge where the ore canme from. The court overruled the motion, and an exception was taken. The court took the ground that the witness was the plain tif"s, and that the question was not obh jected to at the proper tane. Mr. Wilson took the stand next at the request of Mr. Kelley He testified that he and Charles Warfield, now leased the Nipper mine from the Nipper company. He said the lease was executed by G(eorge H. Robinson, the president of the Nipper company. He said also that the lease especially prohibits the lessee from extracting ore from within the Nipper boundaries. "Then, the lease covers ground outside, the Nipper mine lines?" Mr. Kelley asked him. "Yes, sir," he replied. Heinze Is Called. Mr. Heinze was the next witness called by the lawyer for the Anaconda_ company. "You deny, I understand, Mr. -Helnze, in your answer, that you have assumed exclusive control of the Nipper mine," Mr. Kelley asked him. "Let me see the answer," the mining magnate said. "Oh, you haven't seen the answer yet?" Mr. Kelley said. "No, sir," Mr. Helnze replied, amil ingly. He read the answer and then replied to the question in the affirmative. "What connection with the mining operations at the Nipper mine have you at present?" the lawyer asked. "I know of no mining operations at the Nipper," Heinze replied. "Are you connected with the Nipper company?" "Yes, sir." "Who owns the mining plant?" "That seems to me a complex question of law," the witness returned, smiling again. "Well, you claim the plant; 'do you not?" "I think I own It, but I don't know I do." "Have you ever leased li ?" "No, sir." "Are you a stockholder in the Nipper company?" Mr. Denny made a strenuous objection to that quetion. He e entended that it was .lmmaterial, for the reason that if Mr. Helnze were a stockholder he could not control the company. While the matter was being argued, Mr. Heinze got up and went over to Mr. I Jones, one of his lawyers, and whispered to the latter. "I object to Mr. Hc'lnze talking to the other attorenys till I finish examining him. He is my witneps," Mr. Kelleyl said, observing Mr. Hctr.z.. With Memory Freshened. Hecinze resumed the stand with a smile, and the objection raised by the Nipper's attorneys was overruled. Mr. Heinze then denied that he was a stockholder in the Nipper company. "Then you do not own any stock and you are not an officer in the Nipprer company?" Mr. Kelley repeated. "No. sir," Mr. Heinze replied. "Is there any stock of the company standing in your name or held in trust for you?" "No, sir." "Who is the president of the com pany?" "Mr. Robinson." "Is he an employe of yours?" "Well, partly." "What are your relations with him as to the Nipper company?" The question was also objected to by Mr. Denny, and the objection was sus tained by Judge Harney. Asked to Dismiss. At 2 o'clock Mr. Kelley submitted his side of the case. Then Attorney Jones asked the court to dismiss the proceeding for an injunc tion as it affected F. A. Heinze. Mr. Kelley opposed the motion on the ground that Heinze owns the plant at the Nipper and a part of the claim, and is connected with the other defendants. He thought the injunction ought to go to all the defendants,. "If he doesn't mine there and doesn't intend to, the injunction won't hurt him," remarked the court at this point., Judge Harney then took the motion' under advisement until the hearing should be finished. The defense then put on the stand three miners, Nels Lund, (Con Noonan and William Bailey, men who made af fidavits to the effect that they worked 'n the Nipper and helped extract ore from it. They could not say whether they were inside the Nipper lines or not. After that an answer in the case was filed in the suit by E. H. Wilson. It denied that either he or Carfos Warfield had done any of the things alleged in the Anaconda company's complaint in the case, and that, under a lease from the Nipper company, they were mining out side the Nipper. Attorney Kelley moved that the an swer be stricken out of the case on the ground that Wilson and Warfield had leased from the Nipper company the right to mine outside the Nipper lines, when the Nipper company has no right to lease ledges belonging to the com pany outside the lines against the Ana conda company's rights. He took the ground that the answer was sham. He asked what the Nipper company owned Slttside its lines which did not belong to the mine. The motlon was argued. The hearing was still in progress at a late hour this afternoon. INt DAY REMAINS *t'KINLEY MEMORIAL FUND WILL BE CLOD TOMORROW. RUTTE WILL MAKE SHOWING ickels and Dimes Rolling Into Sub scription Boxes in the Public Slhools and Churches-Inter Mountain Fund Growing. rTromorrow will be the last day on hich contrtbutions to the McKinley emnorial fund can be made, and it is hret`ore desired that those who con Inplkte adding their mite to the fun.l 4houid do so witmout further delay, in ritr ,that the amount in a lump may *e sent to the treasurer of the asmocla ahn ap soon as possible. 'The last contribution to be made to the i ~ud in charge of the Inter Mountain a1ll t:. dollar from T. B. G(raves, which is a large donation when it is consid erd that the money for erecting the proposed monument to the late prelident is to be raised among more than 75,000,000 persons. It was handied Into the Inter Mountadn offire late today. School Contributions. ,'ontribution boxes were plu.'ed la each of the poblic school 'houses several days ago, and It is understood tlat they are being liberally patronized with nickels aand dimes. S''hey will be harvested tomortrw after noon and the yield Corwa.rled to the proper offeer, to be added to the grand collection which will no doubt be made In the United States. untlday u.hool children are also de positing their spare chalnge in ixxes es ,tatlished for the reception of coin, and a good return froml that quarter Is an tit gated. Many Contributions. (ltSltle of the publlc se'hool and Sun day school children arnny private sub. cc1 ipr,;as of small sums have 'been nt:,ie. lot some of those who intend to cu t, Ibute are a little ::ow in getting to th. rr;vnt. Mtan ' of them have, probably forgotten tli:t only one day trenmlins In which the deosits can be mlde, but as soon as- re ltinded of the fact they will lose little 'timne In attending to it. 'ITht a monument of proper prop.er tlolt eshould be erected to mark thl rtetlil.g phiae of Mr. McKinley everybody admnltsi, and Montana will contribute its share towards the expense of building it PEven a nickel from each per)son in the state would make a splendid showing. Jones' dairy farm. Pure pork sausage at tirophy's. * BURNEY HELD. Claimed He Found Mrs. Byrne's Letter in the Street. W~'lllIam Blurney, the color.d Ilan, 'harged with havinK taken from the |postoffiee a letter belonging to Mrs. D. Byrite on or about Treeembef 14 and keep trg it, was given a hearinl before Uniltedl Rtat,'s (ComnisiNloner Naughten in the deputy marshal's office today, eimii at thre concIlusion of lh : testimony the comn missioner ordered the, defendant held to answeir to the federa'l grancI JuI v. Itir ney's bond was fixed at $fi00 and, bei)ng unabl to furnish It, he went to the county Jall. Iinrney ,'ilmed he foundl the etoter n11 front of LewIs' store. Jones' dairy farm. Pure pn: k paustvge at Itrolphv's. DECISIONS ARE RENDERED. Jtadge Harney Decides Motions and Pleadings. Judge V1arney hancded down decisloint thine rrning upon motions and tIlailldngs in s.everal cass, acc'ording to the pire-an nonlluc'ment rtmadel a day or so ago: I: the (care iof Charles W. Cannon against E1''oeh Johns, involvvin.g mining , alils and land iil Houth litult, ,Tidge. }atsorn.y sustained the phltintiff's denmurrsr atnd motion to strike from the defendant's afi\wer. Hei allotvwed the defendant to file t4~ anmended answer. 1 T'he' demurrer was sustained in the asit of Mary P'rlor against tihe city of "W'alkerville. lln the sult of S. D. Martin against F. A. tIeinze, the motion to require an Itenm Ized staternntl from the plaintlff was sus tahied. In the caset of ])avls against Reed, a motionl for a colrnlltlsion was set for Hat urday. Jones' dairy farm. Pure pork sausage at l3rophy'a. * ANNA MAY BUTTER SUES. - Weary of Being Wife of Charles Sutter. Mrs. Annie May Sutter has sued her husbandl, (harles Sutter, for a diveoee. The complaint says that the defend ant deserted the plaintiff and has ftii d to provide for her for over a year. The parties were married in April, 1900, and the complaint hays -utter forsookt his wife over a year ago. Mr.<. Hutter alleges that Mutter earns $25 a week, bit that she Is in "poor and Indigent cir cUrnstainces." She asks for an attorney's fee of $100 for whatever alimony the court shall feel llke giving her, for a severance of the bonds and for her maiden name of .Anna May Crossett. zJones' dairy farm. Pure pork sausage at Brophy's. C Rushed. (Detroit Free Press.) (IO don't see how you breathe int here." asl.d (lummey, who had entered the stuffy newspaper office. !"I don't," said the editor, briefly. "T haven't time to breathe," _ Dl. HUIl POCK I2 Years In Butte G(neratlon doctor of China from grs.nS father down. Born and schoolr.J In the profession. Treats all diseases ~naktng a specialty of chronic trovbles, Constult me before you waste your life away. 2a7 South Main St. METAL BEDS May be good, bad. or Indifferent, the prices may be ruinously high, rationally reasonable, or ridiculously low. All this, of course, de pending on when and where you buy them. For instance take the four numbers we name today, fair samples and good examples of What you may expect throughout our entire line if you buy at once. We claim, and you will. if you ace them, be forced to admit that they are the grandtcst values you evr scaw fitted to sucth ridiculously low prices. Why do we do It? llaeenuse we are taking slnck and find it easier to count money than METAL BEDS Iron Bed Iron Bed No. 704 is plain white enam- No. 437 has high head and sled; comes In all sixes: foot hoard, massive posts, frankly pte aklng, It In not 'trimmetn d with brass knobs much for pretty, but when,it and caps, curved foot board; comnes to str ength and dura- they come In all colors and billty it's as Iig a $3.50 value sizes, anil are sightly, serv as this etlly ever saw. Yours iceable and reasonable at today for...................... $12.00. Yours today for...... $2.25 $8.65 Iron Bed Iron Bed No. 404 lhas brass rail at No. 934 has high head frame, head and foot, heavy posts, aIrge posts, Is nicely enam fnishted at top with bass i n bl ad gl. Te knobs Ilds ar enm d led In blue and gold. The red, white, r cen or blue. deIslgn It entirely new and Designs are pretty, and at very attractlive. It is rich an $9.00 they were populatr well ns substiantlal; a $19.00 sellers. Yours todaty for.... vllue.Yeurs today for..... $6.50 $14.75 Brownfield-Canty Carpet Co 48 to 54 W. Park and 43 to 45 West alOena St., Butte. ALL[[S CRUI[LTY MRS. MARGARET ROCK SUES JO3 N ROCK FOR DIVORCE. SAYS SHE WAS BEATEN SORE Accuses Husband of Striking, Kicking and Threatening to Kill Her-Asks Alimony, Furniture and Maiden Name. Margaret ItRock this Ircrrlilllg hrug'klht suit for divorce in the district crourt against John Iock. The dicr rle is asked for' on tihe ground iof cruelt(y. The colnlaint says that tlihe Rocks mwrlie marri'd in this city in 1(900, a little ovier t wo years ago, and that therre are no children. It is allrcgeid that in August, 1901, Rock struc·k Mrs. It.ck on her head several times and kicked her on the limbs, knocked her down anld eal iher to the flior'; that he struck her 111 the back of the neck and c.alled her vile names and subjected her to cruel and Inhuman treat lmerit, and orldered her friom his house elin another occr'asion. It Is added in the eomplalnt that Itock. In a fit of great rage and anger, threat ened to choke Mrs. iRock to death, arind told rher to leave the house, and said that in the event sihe did not do Sir he would kill her. All s his is alleged to have o, curred on D)ecember 14, 19l01, and that Mrs. Itock, through fear of beilng killed, left the house at that time and has not returned to it shince. She asks for alhony, the family furni ture and the restoratilln of her maiden name, Margaret Fitzgerald. COPPER MINING QUOTATIONS (Sfpereil to, Inter Mor,untialn.) Boston, Mass., Jan. 28.--The copper mining shares closed today as follows: Am elgamated - - - - $ 76.87 Anaconda - - - - - - 33.87 Parrot - - - - - - - 831.00 Calumet & Hecla - - - 600.00 Tamarack - - - - - - 260.00 Osceola - - - - - - 85.00 Utah Con - - - - - 24.25 BUTTE IN BRIEF. The ball and banquet of the street rsila:ay employes last night was a most surcessful function and was thoroughly enjoyed by all who attended. Mrs. Frances H. (Carter of tllings, late of tiutte, returned to her hoine in hill ings on Monday. She was called here by reason of the dangerous sickness of her mother, Mrs. William Burton. Five high school graduates delivered their orations at the Audlitoriumn yes terday afternoon. The speakers were: Miss IAzzle Fowler, Miss Elizabeth Mn Manus, Miss Olive Brasler, Miss Sarah Brelin and Bert Cohen. Tn each instance they acquitted themselves most credita bly. Incumbent an Incumbrance. (Philadelphia Press,) Mrs. Brown--And who is the president of your club norw, Mrs. Malaprop? Mrs. Malaprop (proudly)--I amn the present incumbrance, just now. NEWS fROM DAWSONCITY MIDDLETON, A YOUNG ENGLISH ACCOUNTANT, COMMITTED SUICIDE. WAS SHORT IN HIS ACCOUNTS He Could Not Stand the Disgrace of Arrest and Conviotion and Took the Short Out to Immunity From Prosecution. (Bv Associated Press.) Healthl, Wash.. Jan. 28.--A special to bhe Tiness from Dawson. January 27, via Ashcroft, January 28, Pays: Thomas Middleton, chief accountant for the Yukon territory, has committed sut cide. rather than suffer disgrace of ar rest for embezzlement, lie was a native of Leedsl, Elngland. lie had been missing for several days, during wthich time a thorough examntna tion was made of his books and a short. age approximating $10,000 was discovered. A warrant was immediately served for Middleton's arrest. lie was found In an out-of-the-way house and taken to the government offices. When confronted with proo of his de falcation, he attempted no excuses and was .ool and collected. When the inter view was hi.,lninated, he excused him self a mnorment to step into the toilet. A second later the officers heard the fall of a body, followed by groaning. Mid dleton 'had cut his throat from ear to ear. Before medical aid could be summoned he had expired. He Was Popular. Middleton was one of the most popular government ocflhials here, but had been leading a life for which he found his sal ary insufflluent. John l)urand of Montreal was killed in the shaft of the Thirty-five Below mine on Hunker creek. The bucket was going up anrd displaced a large stone, which fell to the bottom of the shaft where Durand was working. HIe was instantly killed. -I-..--.-~---. --- ----- --~..------ --,, Butte Sewer ripe & Tile Co. Manufacturer Crucibles, 8corlflers, Muffles, Bone Ash,. orax Glass, Etc. Fire Brick and Tile for Metal 102 W Granite Street W$utr. Mont.