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The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, December 26, 1903, Image 11

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025294/1903-12-26/ed-1/seq-11/

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GRAIJB OIRS AD
A FOREMANIAWED
UUOGE HARNEY NAMES W. MoC.
WHITE AT HEAD OF SEVEN iMEN
WHO WILL INVESTIGATE.
WIDE POWER IS DELEGATED
Grand Jury May Make Full Investigation
Into the Affairs of All City
and County Offices.
(Continued from Page One.)
O'Rourke, "although I am a property
owner here. I have been voting in Cali
tornia."
"Court will take a recess for ten min
utes." said the judge at this point. He
went to his room, where the county at
torney soon joined him. A little later,
Clerk llelmerdinger, carrying the little tin
box in which were the names of the grand
jury panel, also went into the judge's
room. The conference tlete lasted be
yond the to minutes. When the judge
and the other officials of the co:urt came
out of the room, Judge Harney remarked
as he took his seat: "It appears that
you are not qualified to serve, Mr.
O'Rourke. You are excused."
Clerk Heimerdinger then proceeded to
draw the slips containing the names one
by one from the box. They came out in
this order: J. L.. Carroll, J. R. Silver,
Ed Hickey, Frank W. Holmes. James L.
lHamilton, W. McC. White, John Floyd.
"The names so drawn will constitute the
grahd jury," said Judge Harney. "The
others not drawn will be returned to the
regular jury box."
Oath Administered.
The oath was then administered to the
seven men, who stood up on the regular
jury platform. At first the oath, as given
above, was administered by 'the clerk.
Later, after the county attorney had
talked with the judge for a few minutes,
sitdge Harney said County Attorney
Breen had raised some questions as to
who should swear the grand jury. He
would ask the members to stand up and be
sworn again. This was done.
Powers and Duties.
Judge Harney then read the provisions
of the penal code relating to the powers
and duties of the grand juries. Continu
ing, he said:
"Under the call, and what was deemed
by our officials for the necessity of this
call, there are certain matters relating to
the city government, and in that connec
tion 1 instruct you that you have charge
and should make full inquiry in connec
tioln with this section of the statutes. 292
of the Penal Code." The judge read that
section of statutes.
"I read you, I think, most of the sec
tions," said Judge Harney. "Is there any
thing further, Mr. County Attorney, that
you desire ?"
"I don't recollect whether your honor
appominted a foreman or not of the grand
jury," said Mr. Breen.
!"Yes, I appointed a foreman of the
grand jury," exclaimed Judge Harney.
"You started in to--" began 'Mr. Breen.
t"I will appoint Mr. W. McC. White ias
foreman of this grand jury," said Judge
l'itrniey.
,"Gentlemen," continued the judge, "you
are entitled under the law to inquire into
any public offense committed by any of
ficer'of any town, city or municipal cor
poration, or any county officer, whether it
is brought to your attention by evidence
furnished you by the county attorney, or
whether it is ini your own knowledge, or
any legal evidence which would warrant
you, as the code provides, in believing
that the evidence is sufficient to secure a
conviction before a trial jury. You have
charge of the examination of the wit
tesses, in connection with the county at
torney, of any party accused, who may
be summoned before you, as the Code has
provided, as I have read you. Whenever
in your estimation you desire the assist
ance of the court, in an opinion, or the as
sistance of the county attorney, why, you
ssay call upon them. The court may sub
sequently give you such further instruc
tions as it deems necessary as the ques
tions may arise.
The Call.
"This grand jury was called at the so
licitation, or by reason of many rumors,
and at the request of the county commis
sioners, to inquire into any offense which
smay have occurred within this county, in
any of the capacities I have named, and it
is your duty to make full investigation of
any matter, or any crime that you find to
have been committed that is not barred by
the statute of limitations. You are en
titlcl to have a room furnished you,
which will be made comfortable. The law
has made no special provision, as I find
it, for your meetings, but you may control
that under the guidance of the court. The
court will advise you to meet-what time,
,M.r. County Attorney ?"
"Well, 4I your honor please," said Mr.
Breen, "I would suggest that the court ree
on;mend to the grand jurors that they ap
point one of their number as clerk to take
down the testimony that may be given be
fore them. I don't know that there is any
provision requiring the court to do so. It
is, a matter that I sspp4gsq the grand jury
would naturally do even without the in
struction of the court."
Clerk Recommended.
"Yes, I will adopt the recommendation
of the county attorney and recommend they
appoint a clerk," said Judge Harney.
"A'id here is a matter, section i701 pro
vidcs: 'It is the duty of the grand jury,
wvhcciver summoned, to make a complete
exa.:i:nation of the books, records and ac
counts of all the officers of the county,
end especially those pertaining to the reve
nnue, and report thereon; and if, in their
judgment, the services of an expert are
slecessnry, the grand jury has power to
employ one at an agreed compensation not
to exceed $5 per day, payable as other
county charges.' "
"Ycs." remarked the county attorney,
"but if your hinor please, that section
odly applies to the examination of books
andl records,
"So l was going to Instruct you," laid
the judge, "if you get an expert in addl
tion to the clerk you may want to take
this testimony, you will be guided by this
section. The law provides the judge
epon thIe impanneling of a grand jury
nmuet charge them especially as to these
sections.
"I recommend that you nmeet for your
first m.eeting, next Monday at to o'clnck,
sad after tlist we will see what shall be
done.
"HUs any prr'vsihon been made for a
privoce moom for thi'i grand Juiry?"
"Ulests the counny comm;asoners lihv'
made provisions I don't know of any,"
answered the county attorney, "and I
would suggest that the trial jury room for
the present, at least. be used for the grand
jury to organize and see what they want
when they meet again, and if it isn't suit
able--might see the commissioners in the
meantime and have some suitable place
selected."
"Yes you will meet here on Monday at
to o'clock." remarked the judge.
"Gentlemen of the jury, this completes
the duty of the court in impanneling a
grand jury, and you will be reminded
of the instructions of the court as given
you."
Court then adjourned.
Provisions in Code.
Those provisions of the penal code to
which Judge Harney called the attention of
the grand jurors, and which relate to the
powers and duties of that bod'y, are as fol
lows:
"Section t78o--The grand jury must in
quire, under the direction of the court,
into all public offenses committed and tri
able by indictment within the county, and
return to the court any indictment found.
"Section 781--The foreman may ad
minister an oath to any witness appearing
before the grand jury.
"Section 1782-in the investigation of a
charge for the purpose of an indictmelst,
the grand jury must receive no other evi
dence than such as is given by witnesses
produced and sworn before them, or fur
nished by. legal documentary evidence. The
grand jury must receive none but legal
evidence, and the best evidence in degree,
to the exclusion of hearsay or secondary
evidence.
"Section t783-The grand jury is not
bound to hear evidence for the defendant,
but may do so, and it is their duty to weigh
all the evidence submtitted to them, and
when they have reason to blelieve that
other evidence within their reach may ex
plaii away the charge, they should order
such evidence to be produced, and for that
plurpose may require the county attorney to
issue process for the witnesses.
"Section 1784-The grand jury ought to
find an indictment when all the evidence
before them, taken together, if unexplained
or uncontradicted, would in their judg
ment warrant a conviction by a trial jury.
"Section t785-If a member of a grand
jury knows or has reason to believe that a
public offense, triable by indictment within
the county has been committed, he must
declare the same to his fellow jurors, who
must thereupon investigate the same.
"Section t786-The grand jury must in
quire into the case of every person im
prisoned in the jail of the county on a
criminal charge, and not indicted, or
against whom an information has not been
filed; into the condition and management
of the public business in the county, and
into the willful and corrupt misconduct in
office,. of public officers of every descrip
tion within the county.
"Section 1787-The grand jury is en
titled to free access at all reasonable
times to the public prisons and to an ex
amination without charge of all public
records within the county.
"Section 1788-The grand jury may at
all reasonable times ask the advice of the
court or the judge thereof or of the county
attorney : but unless such advice is asked,
the judge of the court must not be present
during the .sessioni of the grand jury.
The county attorney of the county may at
all times appear before the grand jury for
the purpose of giving informtation or ad
vice relative to any matter cognizable Iby
them, and may interrogate witnesses be
fore them whenever they or he thinks it
necessary; but no other person is permit
ted to be present during the session of the
grand jury except the members and wit
nesses actually under examination, and ito
person must be permitted to be present
during the expression of their opinions or
gLving their votes upon any matter before
them.
"Section 1789-Every member of the
grand jury must keep secret whatever he
himself or any other grand juror may have
said, or in what manner he or any other
grand juror may have voted on a matter
before them; but may, however, be re
quired by any. court to disclose the testi
mony of a witness examined before the
grand jury, for the purpose of ascertaining
whether it is consistent with that given
before the court, or to disclose the tcsti
mony given before them by any person
upon a charge against such person for
perjury in giving his testimony, or upon
trial therefor.
"Section 170o-A grand juror cannot
be questioned for anything he may say, or
any vote he may give in, in the grand jury
relative to a matter legally pending before
the jury, except for a perjury of which he
may have been guilty, in making an ac
cusation or giving testimony to his fellow
jurors.
"Section m8Io-An indictment cannot be
found without the concurrence of at least
five grand jurors. When so found it must
be indorsed 'A True Bill' and the indorse
ment must be signed by the foreman of
the grand jury.
"Section s8i i-\Vhen there is not a con
currence of five grand jurors in finding an
indictment, the foreman must certify,
under his hand, that no true bill was
found.
"Section 1812-The dismissal of a
charge does not prevent its resubmission
to the grand jury as often as the court
may direct. But without such direction it
cannot be resubmitted, nor can an infor
mnation 'be filed.
"Section 1813-When an indictment is
found, the names of the witnesses ex
amined before the grand jury must be in
serted at the foot of the indictment, or
indorsed thereon; before it is presented to
the court, also the name of the prosecuting
witness as such; but no such indictment
must be quashed for want of such indorse
ment if the imlorsement i. made before
the motion to quash is disposed of.
"Section 1814-An indictment, when
found by the grand jury, must be pre
sented by their foremen, In their pres
ence, to the court, and must be filed with
the clerk.
Section 1832-The indictment or infor
smation. must contain: First, the title of
the action, specifying the name of the
court in which the same is filed and the
names of the parties; second, a statement
of the facts constituting the offense, in or
dinary and concise langauge, and in such
manner as to enable a person of common
understanding to know what is intended.
"Section 1834-The Indictment or in
formation must be direct and certain, as
it regards: First, the party charged; sec
ond, the offense charged; third, the par
ticular circumstances of the offense
charged, whens they are necessary to con
stitute a complete offense,"
Well worth your while to look at large
and artistic display of Ozotonic in lien
nessy's grocery department windows.
MRS. W. H. M'FARLAND DEAD
Helena, Dec. 6d.--hlrs. W. I,. McFarland,
wife of one of the pionecer liverymen of liel
ena, died Itis, rcr.in:g at the age of 57 years.
thie had been Ill about four months. ~She was
a native of l'r.na)Il'anla and had lived hert
for as CParI
FOUR LETTERS ARE
WRONG IN RECORD
SUPREME COURT SENDS SILVER
BOW COUNTY CASE BACK ON
A TECHNICALITY.
RAILROAD, NOT A RAILWAY
Action of Clark vs. the Oregon Short
Line Railroad Company Must Be
Tried Over Again Here.
SPEtCI.\L TO TIIu INTER MOUNT.AI N.
Ielna, Dec. .6.-Th'l'e use of the wrong
word in the original complaint ill a law
suit and the attempt to correct the error
in the judgment resulted in, the supreme
court today reversing a case appealed
front the district of Silver how county.
This was in the case of W. 1). Clark
against the O)regon Short line railroad
company. Clark staed the railroad for
damages, alleged to have been sustained
by a flume at his ranch by reason of the
company changing its grade. tie secured
judgment for $,q5Sn.
The company appealed. It developed
during the argument of the appeal that
the suit was originally brought against
the Oregon Short l.ine Railway company,
which is not the corporate name of the
concern. It is the Oregon Short L.ine
Railroad company.
After Clark secured the judgment the
correction in the name of the defendant
was made in entering the jutdgment. This,
the supreme court finds, in al decisionl
prepared by Commissioner Callaway,
necessitates a new trial and the case is
accordingly sent back for another trial.
Look at the display of ()zotonic in
Grocery department windows at lieu
nessy's.
LEGAL ACTION AGAINST
STRIKERS NOT FEASIBLE.
End of Chicago Livery Trouble Is Not
Yet in Sight.
BY ASiHOCIATED PRESS.
Chicago, Dec. a6.-Lack of legal evi
dence on which to found an injunction has
caused the livery owners to abandonll a pilan:
for beginning a court action to restrain
their striking employes.
Every effort is being made by the asso
ciated teaming interests to compel the em
ployes to submit all grievances to the arbi
tration board, but great opposition clmnes
from small unions that want a:rbitration
conducted by representatives of individual
unions.
S. T. Edwards. a member of the em
ployers body who tried to secure a settle
ment with the livery drivers, was tohld to
clay that a settlement was int advisable
until the getneral arbitratiori board was es
tablished.
The large employers, who hire drivers,
will meet union delegates on \\'Weinesday
when the question of establlishing the arbi
tration board must be settled.
Ozotonic Display, Hlennessy's windows,
Grocery departms ett. See it.
MAJOR MALCOLM M'DONALD
HAS GONE TO REWARD
Served at Bull Run on the Staff of His
More Famous Brother.
lY ASSO('LATED PYESS.
Chicago, Ill., Dec. 26.-Maj. Malcolm
McDowell, widely known as an iron and
steel expert, is dead at the age of 75 years.
liHe was the youngest brother of the late
Major General Irvine McDowell, who comn
uilanded the federal troops at the first bat
tle of Bull Run. Major McDowell was
aide-de-camp of his brother's staff during
the battle.
The deceased was an intimate friend of
Generals Grant, Sherman and l.ogan and
President Rutherford B. .Hayes.
SVENSKA LODGE GIVES
A CHRISTMAS BALL
Scandia hall was the scene of much
merriment and good cheer last night when
the members of Svenska lodge gathered
to make merry and celebrate Christmas.
There was good music and dancing,
after which a sumptuous spread of good
things was disposed' of.
The floor was in charge of the follow
ing committee, who saw that everyone
enjoyed themselves: S. A. Shubert, C.
Jansen, August I'odcnfant and Lewis
Clawson. M. Hanson was chairman of
the floor committee.
VAUDEVILLE SHOWS PLEASE
Comments of Audience Show How They
Like Performances.
Those who desire to give their friends a
treat through the holidays are taking them to
the continuous show at the Grand. It is curl.
otus to hear the comments of some of the
people as they come from the show.
"I'll bet that long woman is a man,"
"those kids arp the limit; I tell you I never
saw any to heat them,"--"I've beero to shows
and paid a dollar right in this theater, and
didn't see anythitng to put this show in the
shade,"--"that's a crackerjack, and only to
cents,"- "for the life o' me I can't see how
Uncle D)ieK can give so much of a sho, for
that price"---"did you see that man take tht
rabbit out of my hat, and the pigeon, toon"
These and others just as crisp are made
every night as the crowds tumble over one
another in leaving the opera house. 'fhe pro.
gram arranged for this week is especially good
and the show is a pleasant place to take your
friends. Seats only so and to cents.
The show at tile Empire is equally good,
and crowds are pleased with each performance.
Tihe program is new and full of novelties.
IS GONE TO MAIDEN ROCK
Coroner Egan Investigating Death of
Man Named Thomas.
Coroner Egan and a representative of
the Sherman & Reed undertaking company
left yesterday afternoon for Maiden Rock,
whence news was received yesterday morn
ing stating that a man named Thomas had
dropped dead at rock quarry near the
place.
They are expected to return this after
noon, but it is not known whether they will
bring the remains to this city or whether
an inquest will be held at iMaiden Rock.
Ball in Virginia City.
Virginia City, Dec. 26.--The Woodmen of
the World gave a successful ball in the Audi.
torium last night. Supper was served by the
Women of Woodcraft. About 75 couples were
present and the affair was a decided success.
Monopolizing the Sea Coast.
The movement in Connecticut toward
"saving the Connecticut shore" is likely
to 'welrnd to all other sections of New
lEnglld. 'Thirty years ago such a step
wo'il I have been wholly unlncessary, since
the cl'ist was all public. hut slout that
time the beginning of private occupancy
of the shore began. At first. indeed, the
os net, did not attempt to secure the coast,
.hut bought extensive tracts overlooking
Iln, I.sland sound. Their view being often
olsructed by the public or by old land
marks, they then began acquiring the
shore itself. During tlhe past four years
thi. shore-grabbing has advanced with
mn.'ked rapidity. In Maine it is estimated
thi:t over one-half the coast is privately
os nicd.--C(ollier's Weekly.
BUTTE BRIEFS
Orton Bros. Pianos and organs.
I. h. Mcl.aughlin, a miner, had a finger
crushed in an accident at the St. Law
reice mine this nlorning. lte was taken to
St. lames' hospital, where the injured mem
her was dressed by Dr. Turner.
Joyce's Turkish Baths, under Great
Northern ticket office, always open.
It.rt Shay, the clerk of the police court,
wiho has been a patient at St. James' hos
p)i.il for about a week. is reported as much
imptroved. It is expected that he will be
at his desk within a (lday or two.
Smoke Flor de llaltinlore cigars.
Mike Hennefan, proprietor of a board
In: house opposite the new federal build
ing. was taken to St. James' hospital this
afternoon suflering froln a severe attack
of Ineumonia. His colndition is regarded
as very serious.
Christmas shoppers will find Julius
Fried's the best place to view the largest
assortment of smnokers' articles.
l)r. Schapps, Owsacy Illk. Tel, No. :6.
Mliss Spach of the Conservatory of
Musir in Helena is the guest of Mr. and
.Mrs. C. I.. Bovard of the Mountain View
church. Miss Spach will remain over
Sunday and sing during Sunday services
in the church.
'The Fischer-Greenwood recital will take
place Monday evening at Urton Bros.
J. G. Hates, piano tuner. Residence,
"The Dorothy." Tel. 6oo-A.
l)on't overlook Walker's, za West Park,
when buying family liquors for holiday use.
The finest assortment of high grade wines
and whiskies in the West. Prices moderate.
THE WOMAN'S HOME COMPANION
Str.and. Red look. Scribner's, Everybuody's
sd Ilarper's Illas a r for for January, all the late
popular books, and everything in gonil read
ing at the P. O. News St.land, 7 \W'est P'ark.
fl'hone mooglt. We deliver all over town.
LITERARY NEWS
St. Nicholas Notes.
t)One of the signs pictured in Juli:an King
C'olifrd's "The Signls of ()ld L.oudon" in
the January St. Nicholas has peculiar in
terest for all Americans. What is called
"T'le Crown and Three Sugar IL.avcs"
was the sign of the historic house which
exported to America the celebratedl chests
of tea that went ilnto Itostom harlbor in
Dlecember, 177.1. the first overt act of re
hellion in the Revolution. W\Vhile the con
test gave America her ilndependence and
set' aside the rule of CGeorge Ill, it did
not overthrow the busineiss of the ollest
tea house in (;reat Britain. The business
is carried on today in the same oli ptlace
as ill revolutionary times. Ito sign--the
signi of "The Crown and lthree Sugar
loaves"--has survived the stress of age
and storm and fire. The great tire of
London swept within 'half a block of the
phop, but the old sign itself reigns today.
January Smart Set.
The Stumart Set for January, (r)04. opens
the new year with an issue that even sulr
passes its predecessors in intettsily and
variety of interest anl in literary merit.
The novelette, "A Sister to Huslamnds,"
by (aroline D)uer, is a story of exceptional
charm, ingenious and distinctive, and a
delightful social atmosphere, in which tmhe
intricacies of many loves are traced to a
final happiness.
In "ller Creditor," I'Emily Pottle has
writtenr a character study of sinllgular
strenlgth, while Cyrus Townsend Ilradly's
"'The Wreck and the Letters" is a narra
tive of real beauty, written around a plot
that is new. Other notable stories are
"L;Uncle Jim's Little Idea;" "The Ilouse
of the Brain," a psychological tragedy, by
Churchill Williams, "and "The impossible
T'hing." a story blubliing with fresh humor,
by Eleanor A. Ilallowell. Among the
other writers of excellent fiction in this
nuhmber are Elizabeth Knight T'ompkins,
Zon' Andersomn-Norris, John RHegault Illy
son. I)uffield (O)sborne amid II. T. ;corge.
(;elett Burgess, I ayden Carruth, Frank
Roe IBatchelder, Mrs. Wilson Woolrow and
manly Imore contribute humor of many
sorts and all capital, while there are verses
of real worth from Maurice Francis Egan,
Clillto Scollard, Fanny Kemble Jhnson,
Arthur Macy, Mabel Earle, Willis l.eonard
Cl(;t.ahan:, Jamtes Clarence HIarvey, Vir
ginia \Woodward Cloud, Elsa Barker. Sam
n:l Mitultrn Peck, Charlotte Becker and
others.
''he m agazine incluies also a story in
Frlcnh by Marie Petite and an account of
th- Ja:lm:ese Geishas by Jason Trench.
RUSSIAN UNIVERSITIES
AND THE ENROLLMENT
Only One Student to Every 8,000 of the
Population.
loussia has five great universities, be
si!,h' three provincial ones-St. Peters
burr,. Moscow, Kief, Warsaw and Khar
krl. The number of students in the five
is ,.io 15,000o. Russia represents 115,
oo.r,oo people. There is, therefore, one
stldhlt of all sorts, liberal and profcs
si,;al, to about 8,ooo of the people. The
nutlttr of students of the corresponding
cl:asses in the United States represents
ot, to some 600oo of the people. It is, there
for-e ot too much to say that each of the
ptipIents usually belong to the upper middle
;,:,, or to the lower nobility. A military
rathe'r than a scholastic career seems to
be more attractive to the fellows of the
hilh.st classes. Not a few of the men, he
it said, are poor in purse, and for their
bwn use, in Russian as in American uni
versities, scholarships and other financial
aid.; are provided.
TI he Russian student is not so hard a
Iworker as is his American brother, Ilis
altletite seems stronger. D)rawn largely
,from the middle classes, the maen do not
give so favorable an impression to the eye
as do the better men of the American col
leges. Scattered in their residence through
the apartment houses of the great cities,
they take on the environment of their resi
rellce as well as the academic atmosphere.
,But both in Russia and in America college
men train each other.
The professor of a Russian university
is a gentleman of power and cultivation.
His career is one to which the worthiest
citizen may well look forward. Although
the highest classes prefer the military
service, yet to all except the nobles service
n a university is most uninviting. Under
he g' neral control of the minister of pub
lic instruction, each university is for its
mom c immediate government independent.
Each professor, too, in his department
WANT ADS
ONE CENT A WORD
HELP WANT ED-MALE
UNC'I. I: S.M wants help; I 1,04o1 tntmimvni
last ryear; free examinntionl paprr andl ctl.
loRte lgiving positions and saila IIe. Il)ipart
ment II, \e'r.fern or rrlLpondlnce 'nivcrsity.
San V'raucisco.
\\'.N'S' l'T,)-ManIagrr f.r hranch offiir. \'We
wih i into liae here in ltitate (iit. ,\dhir.,
with rcnmrinc,", .litri. Whiulkniclr II tir, c.tre
th1Is pilrp r.
WANTED-AGENTS.
$J3 \ \\ K I'l.I i.\I\ " .RaInd evt( e an v to m1,"1
witlh iig I inllrodlltit ll'llltty l'1i11(ion tpouii
h1ntenllalional ,II.. Co., I',ar.so.. K.,m.
FOR SALE-REAL ESTATE
onot valley for the mino; ..o lte, iiiil.
proved; $ 'P..Io, erm. it d.e.nd. I.. ýI l'n0
iha' IReally 1o.. lii..il .
FOR RENT-ROOMS
tiUl~'l 2-iT wo roai il ru,.,i se tor iigh&
housekeeping. Upton block, 41,a S. Main.
fliffit.T i 'lSlt-l uoumi {lo up; hirst ciisit
modern convenicnces. South Main.
I; )R I':.'-.awu lutrnlllhrd ro.omsn. No. (:9
Wet (;Iranite.
1i'1l: iiamdliltun ; Locatu cnrltlii new mlan
agetttnt. il
UnlIt l'liii ldrii-r'um: - "Y lblocii, bia
West Park.
I0R RENT-r'itralnien .onms. -ins ol irado.
BOARD AND ROOMS
11)ARID anttd ruolmn in private iaiily. 4t6 IEast
Park.
..IOTELS-LODGING HOUSES
THlE 8UU'TIIH N AIu'EI.
Bulte's Popular Stepping Place.
DINNER, alse s i I t I DINNILI. EP
The best meat and best cooked food for aIg
In Butte. You get as much ut any and every
dish oflered on the bill tl tare as yoa wish.
Cuisiei unrexcelled.
liAN TE'WEY. I'roprietor.
MILLINERY
PAILL and WIN L EL'l hliljllary at greatly
reduced prices. MIr. lHughes' New M&ill
aner Parlour, 647 Utah avenue.
MESSENGER SERVICE
ItNi Wtli4Lt'S IIUX% or treleitihne n.
rHOR dELT~.ETS-COVEBS
Iarcdauley, its outh Main street.
FIRE INSURANCE
IEYNOLI)LS & Mlc)UWELL, leadieg bire
insurance companies. Correct atles and
prompt adjustments. 46 Elt Broadway.
FOR RENT-FLATS
1i()1 liEN'I'--'r c tairoomn micd'rn hrick Ilu;
lporcelain bath; garland range; electric lighls;
decirable localion. Alppily to hllrley & ' hiiilllN
comlpanly, 46 IKast Ihrouadway.
.MASSAGE
i hS. I'IAN1ON, ciefntic msseiur, elctrla
treatment and vapor baths. ,Is North latin
street, uonm i.
WANTED-MISCELLANEOUS
WA,\N'lTl.1--To hire tream and Iight wa:lgon for
hunting trip of few dlay. Atldldc.a .., Inter
W10I RINQ
M tll erCl ai ttnt Nuvm
ber a, from Ifrs. Hanson's parlors, San
Francisco. 45 Owsley Block.
MASSAGE
MRS. L. I. (CAeMSN ---Seientli masellur.
Offices: Nor. a74--,5 I'enuaylvania building.
'Phone g17-B.
HOUSEMOVERS
EXI'I'Er.NCELU houaerauver. Edgalr liayion,
438 South Ohio. Tel. pay. Ofice x67 E. Park.
OCULIST AND AURIST
UDR T. A. cIUU r -Eye r, no.e, thlroat and
lungs; prices moderate; terms cash. No. 41
Hirbour buildlng. 'Phone 9,4-A.
STOVE REPAIRING
SCOT'r, the stove man, ihas moved to No.
sea East Park. 'Phone numlber, 204.
dolls. No. 48 W rit Granite. 'Phone j1---1.
irs-'l-iK. Y.- Pt -ano- --eoi7 Wet Týc ritiie
expert repalerig work guarantad. Charles
Mack, No. 11s North Acadamy.
... NOODLE PARLORS
MEIWAU Noodle Parlors--nmporters hue
teas, aoodles. Chau, Suie Mclwah Co. No.
so orWer Mereery (the alIte).
... BUSINESS.CHANCES .
IAI.F INTEREIST by retiring partiinr int
long established manulfacturing busines; no
debts; working capital $too,ouu.uo. 11. S. P'ro.*
basco, Chattanooga, Tenn.
ANNUAL MEETING.
The annual meeting of the stockhohlers of
the First National bank of Butte, will lie held
at the office of said bank, in ltutte, Mnuttana,
on Tuesday, January It, 90o4, between the
hours of so a. m. and 4 p. m. The object of
the meeting is the election of directors for the
ensuimg year, and the transaction of any other
business which may properly come before the
meeting. If. lt. WhiltI(CK, Cashier,
I,)ated Dutte, Montana. December 5£, g)o3.
usually finds himself his own master. In
only one respect does the professional
career seemt unworthy. The salary is even
more inadequate than obtains in most
American institutiotns. The salary of the
full professor is 3,oon rubles, or about
$I,5oo, and of an assistant professor only
$a,ooo rubles.-Charles F. 'l'Thwing, L.... D.,
in Harper's Magazine for December.
Misunderstood.
"'Yiung man," said the girl's father, "do
you realize what you are undertaking?",
"Why-es-yes, I think so," stainmmered
the suitor.
"But can you support a family ?"
"Gee whizl have you lost your job?"
Catholic Standard.
Nodd-Isn't Burnside living with his
wife?
Todd-Why, I think so. I saw him at
the club the other night as usual.--Town
Topics.
MQNEY TQJYOAN
MONEY to loan on lurniture, pianos, salary.
time checrks and all other security, at low
rates. ulllttess confidental. Iutte Chattel
Mortgage Co., /6 W. Park at., first floor.
MON- TfL''- OANt-oans on furniture, real
estate or any securltles. Montana Chattel
Loan Co. Uflicet No. sli Clark blook,
SLEIt)iNS A ilOti)i'11 will negotlite i los
tor you on restal estate security. ooms t, a
3, SlIver Fow block.
I i.Nk '1iu LAN .ni iuniiuwr iioiany siecti
tltes. Edward Cbr.pman, oom a, py West
Broadway.
A;i)NS-B Money to loan it i per cent; no
delay. Hall brothers, No. 14 East Broad.
way, Ilutte, Motana.
1T KEY T oT.OAN oi anyFind io ecuriy.
'lThe Dave)nnrt Co., No. tat Hamilton street.
FORf SALE-MISCELLANEOUS
Ii).br\4llr -p' itlat clanl haik btlit anda three
line horses at one quarter of actual cust.
Addrrct I.rs *4*, ilutte.
HAIRDRESSING
H-S. A. nllt'rli liI(;llT, hiirdrces;ng, m~ant
cure, chiropallst. No. nt4 West ltrandway.
SECO.ND-HAND 9.O ._
xrlr yuur clanicer. All Iaters must eslfd
beafore janluary t at Irn than hall price. All
goods cheapest in the city. llllhest prices
paid f(r secolld hand goods in the !West. T'he
South Miain, I.. ''llhone 857M.
itIthtl t0 S tais 11.p1i for househild ganda.
lil laia:U & (.'., 17 ''West al'rk. l'ihute
WAN 'fid .Jec uid,:llhani ftrnitre laoughi aiin~
sold. No. 33t East Park street, Butte. Tle.
phone 6M6-P. K. McNamars.
UE('IIMI., 412 West liroadway. Plays hlhllai'
prire for hot.ehold ranlods. l'honq ili/.
ACCORDEON PLAITING
'W,"Sal We!st Ilhoadwav. 'I'cleplkaa ia I'k
PERSONAL
A~)lVI.L tfree in delilcat Ilegal matteis; strictly
confidential; promptness guaranteed. lox
6. Ilutie. Mionttana.
CLEANING AND DYEING
PAUMI I'S P'arisian Ilye Ilus u All work
guaranteed. No. Go West a;Alena street.
I'haone I47--A. trelach dyln anl l clangl.
TAILORING
DAN (CAL.I)Ik, 'AILUK-i-sNew designs tat
fall and winter wuulcls. No. asl Nurlt
Main.
MIDWIFE
J11kt1ala inl cuO.nataa-acat. 647 lutli. AMlstn. Iel
ASSAYERS
HELI tlR & V:1NIti-II, successors to John
R. Itapty; assayers and chellistel btulllo
melted and assayed or purchased. No. slt
Hamlllton street, Ilutte, Montana.
1 OlUMAS IttIltY, asosayer and cthmaf Na.
43u North Main street. Butte.
I.t'A-tItlalK & I.IWLS, assayers; succes
sors to A. . . kombsuer. No. Iel North Wyo
ming street. 'L'hone j5 i-1t. P. (. Box Il4
,.T............. T.BRgNS.. ! _I ..
ION'I'ANA 'V' ANSIkI( CU.--1reilglllt trel
fer; moves engines, boillers, salesn malieblr
of all kinds; furniture van and storage; plia"
derrick for ule In difficult places; dealers ln
cnal and wood. Telephone *. Oflce: No. IIs
West Broadiway. W. J. Clhritle, manager.
ltlkt; WVtiRI.lIt' I C)Xn r 'plnne aon.
L~9AN OFFI.E .
JI AIfta Ian diamonds, watchers nad jewrlry
at Glrson's Loan Olice, No. 24 E. Park St.
MININU A1'I'VLIt:A'IItN .NO. 4734
United States Land OMee,
Helena, Montana, November 5, rese.
.ottce is hereby given that Henry L. Jolh.
-ton and Andrew J. Johnston, whose postol
iee address is Itutte, Montana, and O;liver P.
Johnston, whose post'.lice address is Mis
soula, Missoula county, Montana, have this
day filed their applicatioll for a patent for
s7t.1 linear feet, being sa feet westerly and
se4.S feet easterly from discovery shaft, of the
Kopper Moons No. 3 Lode Mining Claim.
paon which claim a notice of intention to ap.
ply for a patent was posted on the ad day of
Novembter, s19j, situated in Summit Valley
(unorgantred), Mining District, Silver Hlow
county, aslin of Montarla, designated as Sur.
vey No. 696a, in the unsurveyed portion of
Fractional Tuwnship 3 north, RIalnge 7 west,
being more particularly described as Iollowal
Beginning at tile southwest Corner No. r,
which Is aLso Corner No. t of Survey No.
6005, in lin,e ia ol Survey No. 6oo3, a "'")
on a granite bowlder in place, willth a mound
of earth alongside, and mark-.d i-6,r4 for
Corner No, s, from which the southeast corner
of Section s7, Township 3 north, Range 7
west, hears south 75 degrees 36 minutes '4
seconds west, 37so.s feet, and running thence
north a degrees sa minutes west, 173.8 feet;
thence north Io degrees 40 minutes east spg
feet; thence south a degrees ta minutes cast,
tig feet; thence south 63 degrees 47 minutes
west, 187.s feet to the place of beginning, con*
tlaning an area of 0.576 acres, of which o.o6J
acres are its eonflict with Survey No. 6oo4, not
claimed, leaving an area of o.5sj acres claimed.
The location of this claim is of record in the
Recorder's office of Silver flow county, Mon.
tans, in Blook "U" of LeAe Locations, oe
Ia'ge 465.
The adjoining claims to these premises are
filrvey No. 5og7, Kopper Mountsa Lode, on
the north; Survey io. 6Eo4, Kopper King No.
Lode, on the cast; Survey No. 6005o, opper
Moon L.de, on the south, and Survey No.
6ao3, Kopper King No. a Lode on the west.
IRANK D. MIRACLE, Register.
Samuel Darker, Jr., Attorney for Applicants,
Ifirst Publication, November 6, sq9.a.)
(REPUULICATION.)
MINING APPLICATION No. 4573.
United States Land Oflice,
Helena, Montana, September a, igoj.
Notice is hereby given, tlhat the ilutte Land
Ic Investment Company, by braeon V. Ketr.
per, its attcrney-in-fact, whose postlofice
address is Butte, Silver Dow county, Montana,
has this day fded an application foe ora patent
for s.s.d acres of the Xenophanes Placer
Mining claim, situated in (unorganized) Min.
Ing IDistrict, Silver how county, Montana, a
notice of which was ported on the claim on
the attih day of August, t9ooj and being more
particularly set forth and described in the
effcial examination and Report No. sd7, on file
In this office, as follows, to.wits Lots a and a,
and the east half of the northwest quarter of
Section IB, Township a north, Range 7 west.
The location of this mine is recorded in the
office of the Recorder of Silver Bow county,
on I'age 490, in Book B of Placers.
Tihere are no known adjoining claims to
these premises.
FRANK ,. MIRACLE, Register.
Jos. II. Harper, U. S. Claim Agent.
NOTICE TO STOCKHOLDERS.
The annual meeting of the stockholders of
the Silver fow National bank of Butte city,
will be held Tuesday, January ta, a904, at 4
o'clock p. m., at the bankiing house of said
bank, for the electlon of a board of directors
for the ensuing year, ansd for voting on antend.
ment of the articles of association of said bank
relative to changing the number of directors,
and for the transaction of suchr other blusiness
as may come before Inld meeting.
FAYITT'IR HIARRIINGTON, Cashir.
Butte, Montana, Dcc. to, t9o3.

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