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%fo ITtafrnrtcftl tfeSf? '* , HISTORICw. m Of MONTAS HEL 4 •->»*»# vu** a. Valley Times a . ai^Mw "Sr • ' 1 * f P.' ' ' , ■ ■;■'■' ■ * H : 1 I I i'1 rk .. » TOLU» »L NUMBER 2». Y, JANUARY ,1, l»24 BELT, 'Mitl NMT WOT FU KUOS DENIED IT SUPREME CONI L Official, Dm. 27—L. A Lockhart, report to Mm « a« to the coadi «too of State bank of Sand to the of tee sheriff of for a br presse court Saturday L o ckh a r t had bean convicted after a trial to the district court at Cascade county upon an indictment charging that be, as a director of the bank, made a report to «he superini of henke on July 14, 1921, which eon t statement knows by Lockhart to be false. It was shown by too report Mist the bank did not owe anything for borrowed money at Mm dose of business Jane 30, 1921, in feet the bank owed $10,000 to the Midl a nd National bank of Min After Lockhart had been sentenced he filed an application in the supreme court for s writ of habeas corpus to whisk he alleged that his conviction illegal in that he signed the re port «»ly as a director and not as sa officer at the batik and that under the law had committed no crime. The matt« was heard before the supreme court several weeks ago and an opin ion, delivered by Associate Justice W. * L. Holloway, denying the application, was handed down Saturday, The supreme court refuses to accept the view of the applicant that a direc r tm at s bank is not responsible fbr its operations and Mut in .Mettes to those Whs deal directors cannot shut Muir eyes to what is going or to the bank, that they have more to do than elect offi cers and declare dividends, but must use ordinary diligence to ascertaining Mm condition of the business and must exercise control and supervision of its officers. - - Lockhart had pleaded that be had merely attested the signature of the cashier of the bank who had prepared the report in question and as to this the opinion reeds: "Our statute does not purport to **t a premium upon stupidity. If a director may shield himself behind a plea that be is negligently ignorant of the business of his bank, then the grosser his ignorance, the greater hie security from liability. This is not Mm theory upon which the law His attention is necessary to complete s report, and 'attest' "to bear witness to; to certify; to af firm to be true and genuine.' In de fining 'attest* Black's Law Dictionary says: 'It is also the technical word by which in the practice in nuay of the states a certifying officer gives assurance of the genuineness and cor pro mean* redness of a copy.' "It is our opinion that in requiring a director to attest a report, the lew contemplates that fa« shall use sea aonable diligence to know whether the report is tree or false, and it cannot be gainsaid that the means of infor mation are open to him. Therefore, to attesting the report to question, certified to Lockhart vouched for and the absolute truthfulness at the state meat* contained therein, end to that extent, at least, made the report, with in Mm meaning of oar tew." The indictment bad been further attacked on the ground that K did «ot 1 state directly that the flUnH CooJm bank wae indebted to the Minneapolis bank or that the $10,000 constituted a valid obligation of the Sand Cooke hank, or that the money, if borrowed, had not been repaid at the time the The opinion states that the language of Mte indictment was not very well difference if the borrowed July 14, a* the call was for a true statement of Mm condition of the 80; is unwitting to eon that the of words in the the judgment open to collateral attack It eloees with; "W# repast, that upon application for relearn from custody court »ÜJ indulge every legitimate to favor of the sufficiency of tine indictment, and ai not convinced that the indictment he m m lie It » virtue of ths final of* the writ is dto charged and the to ths custody of the sheriff of Cuwh ■ It Ânotner Pioneer Crosses Divide Robert Johnson, Cl Teers Old, Dted Monday Evening at Family Hoar to Gnat Falla. Robert Johnson, one of the early settlers in Cascade county and long identified with business interests in Greet Falls ami ranching interests at Spionkop, died Monday evening, Dee. 29th, at Mm family residence in Great Falls surrounded by hie immédiats family. Mr. Johnson was 81 years of age Mve at Sweden. He is sur and a vtved by his widow and Arthur A Johnson, and by seven only son, brothers and s te tMH^ only one of whom. Ourles Johnson of Spionkop, being well known here. Mr. Johnson as we knew him in la ter yean was devoted to the raising of beef cattle and was never more delighted than when some of his steers topped the Chicago market Be was s successful busneas man and was respected for his sterling qualities, both to city and country, His widoqr and sou. Arthur sod wife are r e cei v in g 'toe condolences of a host of friends g whom the edi tor is glad to count hmself to a a Golden Wedding is Celebrated Mr. and Mrs. William Eaton Ab« nathy, early settlers in this pert of the state, celebrated their golden wedding anniversary at Mieir ranch home, seven miles east of Stocks«,, Christmas eve. They were married at Winterset, Iowa, by the Rev. Mr. White on Christmas eve of 1874. A peculiar feature of the marriage of this couple is the fact that both Mr. and Mrs. Abernathy were members of families comprising 18 children. There are nine children still living in Mr. Abernathy's family and eight living in Mrs. Abernathy's family. Mr. and Mrs. Abernathy were the parents at six children, three of whom are now living. They are Mrs. McCoy of Belt, Ernest Abernathy of Stockett and Ed ward Abernathy of San Jose, Cat In 1888 Mr. and Mrs. Abernathy moved to Minneapolis from Winterset, Iowa, and after a year's residence there came west to Sand Coates and Stockett where they made their home for two years. Mr. Abernathy came west to Join his brother-in-law, Charles Garrett and John Wetxel and at that time the railroad had just been opened into Great Falls. Mr. Garrett and Mr. Wetsel both made the trip to Fort Benton by steamboat ap the Mis souri river. Mr. Abernathy was one of the first person* to make the trip on the excursion from Great Falk to Sand Cooke end helped to open the first Cottonwood mine at Stockett. Mr. and Mrs. Abernathy and family moved from Stockett to their ranch 1 seven mile* east of that place in 1901, and have since made their home there. Relative» «id friends of the couple at their borne test Sunday. A turkey dinner was 1 served in the late after noon and the honored guests were presented with a gold decorated din ner set. Those attending the besides Mr. and Mrs. Abernathy, Mrs. L. McCoy, Ben McCoy, Mr. wad Mrs. Ernest Abernathy, Mr. sad Mrs. Lee Garrett. Mimes Mildred Jaap, Gertrude, Doris, Helen and Marion Abernathy, and Gordon Garrett. FEDEEAL estimates say Montana tend* an the livestock states in range stock conditions. Heavy hay crop T * IkTa PTW ^ : pk muter teed 2,10» acres of sugai MALTA beets contracted here for 1938 crop. w S* * £ jfMKKî vered I 33 >T s t Thiê ft* prWw of Tfc® wm mn ' hI W*goD w . for *■> mho did not *v*ii our* MB ft iii * udfbtariBf city «stth* m of this as aft 91- 6 * M • prie* of fifty ago Hie sloey ap* 4 __ SQiPf'J pearod la » Saturday Evaoiag Poat «noHgh to read it at that succeeding inatad ■8e ifc mi Ut ÄMtva Äad to live in the days of and those who time awaited with ö ment The «tory la we imagine we the pioneers. the setting is realistic, the love theme is strong «ntftljR ehaaacters virile or quaint. Many who drove to 0r*ai Falls to see the play will attend again in ortor to fie more clearly some of the wonderful situation*, ever read a tale of «VNÉtsre and loved to dream of himself as the hero of lha tote will be present to live through with the hero, tlwçrifiais and the heroine that long march fro» St. Lo$it,|o Oregon which some of us missed by only a few made s corresponding In our first days ia Montana ox-yokes hung on many a corral fence, w&Se our eurioaity around black smith «hope discovered l&Bt those peculiarly shaped plates were halves of -MtH-shoes.*' The plot is to. Others, still among us, ■ to s different destination. Those days are in "The Covered Wagon" •hca of the vanished past of Kansas, Nebraska and the you may of Montana as well Oregon. r SB Among Our ^Neighbors Brief Items of Person«* Interest Gath ered by The Times Efficient Corps of Correspondents ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦ ♦ ♦ NEIHART NEWS ♦ ♦ ♦ Mrs. Heath has returned from s visit of several months with her daughter at Missoula. Mrs. Olson and two small sons went to Belt Saturday for a visit They were accompanied by Mrs. Olson's cousin. Miss Esther Engstrom of Belt who has been her guest for some Donald Schenck made the trip to Great Falls alone Saturday where be day from Great Falla where she is at tending high school. She was aeeom ponied by her sister Dorothy, who had j spent- the week with her time. was met by his sister Emma. They came out Christmas day as Emms will spend the holidays here with her parents. Kenneth Schwerdt went down to Great Falk Saturday to spend five days with his father and grandfather. Mise Hasel Fogarty of Eie« ville was a pa s s en ger to the Falk oa Sat urday's train. Florence Smith came up Christmas Mrs. Powers came down from the Dyke Saturday and went into Great Falls to meet her daughter. Miss Dorothy, who is a student at Dillon. Mrs. Sullivan of the Dyke was a Saturday p ass eng er to Great Falk On Friday evening an program of recitations, songs and di alogs was rendered by the pupils of the Neihart school. Mr. Hogg's room presented s play to an exceedingly capable manner. The pupils hi Mis* dered their parts well. Four recita tiens were given by tiny folks, these Virginia Tripp, Dorothy Jack and Junk and Melvin Schenck. The audience assisted in «imrir* *ev era! songs. At the conclusion Santa cbm» arrived and presented every (hik , witk u «rang* and a bag of <jndy ■**•**■ «< *ks Lease went mto Great Falk Saturday to spend ; the week with relatives Schoo! will j re-open December 29th. . ' ^ Ü ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦ WALTHAM ♦ 4 + ♦ ♦4-♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Th# Wsith«m-Shepherd Butte en tertainment was postponed from De cember 19th to the 28rd because of in tense cold. John Land«, who froze hi* hands badly lost week, can now use his right hand to fin his pipe. Some of hit fingers are in such a bad condition they may have to be amputated. Mrs. Peltman and little son spent Saterday shopping in Great Falls. Mrs. John MeKensie returned from s short visit to her daughters, Mrs. Riley end Miss Florence, of Gt. Fells. Ralph Knight was a business vis itor In Mm community Saturday. Mrs. Conn Ford« and daughter Marie sad Mr. Smith were shopper* to Great Falls Monday. The train was seven hoars late but as the store* wer« open until evening they battled the crowd* end returned on Tuesday laden #ith bundles, John Kalanick narrowly escaped wtth Ms life Monday when his ear went into the ditch at the bottom of Shepherd Butte. Those who saw tbo position It was in say that only the breaking of a wheel kept it from turning over many times. Mrs. Kal ankk k still in a Great Falls hospital, H« condition is no letter and it k re ported she will have to stay there for several months. ♦ ♦ RAY N B8FORD L44444 444' ♦4-4 + ♦ 4* ♦ ♦ ♦* * + * J. Rader is jn charge of the depot during the absence of A V. Chesbro. Mr. and Mrs. Chesbro and »on Alien ar c taking a trip to Portland and Se atMa.and other coast points and ex pact to he hack Jan. 4th. Mia«« Myrtle and Gunhilde Skad-| sea « »»su dtog their vacation with the* father on Rocky Ridge. Miss Emm» Colarrhik returned spend the holidays and WALTER BUWPST MBS NT II « CENT mVBEm TOUT WESTERN phm la mm ef the pm nhmhni tins, win bare Mm of boohs and wll) wtth f*& the pmimbmtf through the of • all and pneos bare Ml short««» aoôuid accentuate hot* ds Fife Fleck Wies Montana Contest Bamgenwr With MS Lechers Pel lets Leads State to During November Clark Bumgarner of Ftfs, with hte Flock of 800 Whit# Leghorn pallets, cording to the November su mm a r y re ceived by County Agent F. K. Spedden asomtng, the per ben for the month. A A. Brookings of Simms wee third to the state, 170 bens laying an average of Oliver of Vaughn was fifth, J. P. Gen evan of Portage 11th, and C. T. West of Great Falk was 18th. Twenty-on» poultry isms are en rolled to the démonstration work to the stete for the coming year. Five of these ferma are to Cascade county. Accurate feed and labor costs are ohseksA against the production to gee egg* p«r be«. George • the net profit per tom. The < of juJaiMsd nttoas. grading and mark« of products grading and mark« of products an pert of the program tor poultry improvement that is being carried oa to Cascade county during the com tog mr. ♦ ♦ ♦ • INDUSTRIAL REVIEW ♦ ♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦a TROY — Moose, Yoetnen and Le gionaire lodges open Mieir new lodge hall hers. . CAT CREEK has produced more ' than 7,000,000 barrels of the highest ^ test crude oil BIG LAKE — Drilling resumed to Patman well, now making 10,000,000 feet gas daily. Montana livestock for HELENA 1924 is worth $60,000,000, says forest service expert. FORSYTH — Carter svills irriga tion district to bond for 1260,000 for improvements. JORDAN— Petroleum and Garfield counties plan to replace Museekhell bridge at Mosby, MISSOULA—Forest service pine on Siegel Creek for $7 per M BUTTE —City dredge, to straight ening Sliver Bow creek, finds placer gold. SHELBY — Johnson well in Kevto Sunburst field produces at 12,000 bar rel rate.'*' STOCKETT — Third test well is to be drilled in prospecting Coal Ridge oil field. FAIR VIEW —Shaft being sunk for working 18-foot bed of lignite oosl. BUTTE — Butte Division of Great J Northern ha* shipped 4,888,400 bu*h els wheat this fall. HAVRE — Old brewery to be re modeled into modern ice plant and cold storage. I will teach the remainder of the school year if she can find a scbeol. I Mr. and Mrs. JuH. Vaakey spent Great Falk with rela Christmas in U Anastaeia snd Marie Koter are vis iting at the Evans borne in Belt for a few days this week. Mr. and Mrs. E. V*t»° n * nd chil Christmas hoi-; tel home at Cas i dr en are « at the cade. .rdson, «*Arë^gton. John Anderen of I^wmtowii »pen Christmas with hw wife and child here. Miss Mae Bloom is here visiting at the home of her brother, H. Bloom In *pite of the cold and anew s few car» are »till able to get through. Mr and Mr* Richardson and chil dren spetit Christmas with the Eich * «r «f W. C »tat« 011 ***• Wfc*«® W* far The . ■■•to ho to ho _ tmd to Mm «lew* î»y is remarkable oa (Mb. •tody them. The 11th, 1982. at which Saw Ik tor bar* tifteatea of d eposi t rowed money flMOO, an 5^5 000 ta notas as e* any hops of paying a could tm entertained it wee te correspondent baton to ordsr • to might tm recovered. To tbs aatSsfaetloa of been into off whok |i04,Ô8<î then te aafftekn? Justify Mm payment at this The receiver is this district It lue «et beau & tost °* eovery of a deposited to oa m Another good wffi to • fee a# of depositors. a iRh piled to Mm at Thu the court to selecting Mr. bed he roan unacquainted with ♦ ♦ and values to the Belt Valley jg to probable that only a steal! part wes» kavs been recovered tor the (tors. All Belt »lockholders have paid their stock assessments to full *11» Lockhart interests have as yet to pay a doll«. A more complete statement of the remaining resources of this institu tion will be at a later date. this may be said, that a study at Mm figures indicate* that the interests have been safeguarded that a slow liquidation will difference between ttttk or nothing and a burgs percentage of the dates. The receiver hod the confident* «rf the depositor* when he was appointed and anyone who will take the trouble to find out what, haa been done the (Mat year will find his confides« <*• served and strengthened. When calling for your dividend cheeks don't fell to bring your re ceiver's certificate. factory established here, BUTTE-A. C. M. company _ 100 men To work restoring old Orig inal mine. HAVRE New sausage and soap Lewk and dark Na J tton .j forest ha* 188 mile* of tote phone line, Choteau HAVRE — St Jude's Catholic church completed, cost $62,000. I SIDNEY—$88*000 to be spent to rebuild brick theatre. LEWISTOWN—New National bank of Lewi »town receive* $300,000 depos its on opening day. I BUTTE from 68 above to 24 below sere, 7? Rang* of temperature degree., here Dec. 16th. HAVRE — Winter payroll of Great Northern railroad is $180,000; ssm mer payroll is higher HAMILTON Chamber» to 1er will reopen mill. January 6. to 3,000,000 feet timber About TSrmh HELENA Congressional bill dp V r road ffeosg# ' will bo employed, <1 C ? RINGLINO-—Casfte Mounts»» 9 k pIang to comp iet* 60-ton mill eu Mm Cleveland property. MONTANA turkey shipment# ter 1921 are doabk those of 1928.