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Judg Mlat aI
S;jlum Oorammbtoa 4rpoliat.d to Prooaed with The* Dubu. AoI4odingt to ,ow. The GranEd Jar, vy r V b atva L.b s i 3.pouI.- pram. n u d Urltd .tatty Courts Tbhe grand uy ooeluded Its labors yes terday. Two indiaetents against George L. Harrington for burglary and petit lar, asy were brought in; also ans tactment against 4 T. Wilson, the eolore4 barber, for assamlt with a deadly w poa. Judge Hunt made the following order re spstfing the appointment of the fury com amissions It is hereby ordered thab the bint reglarl term of the ditliot court of the irsnt udicial district zed to begin and began upon the orpl tleon and open. Ing of this court, towit; Thp 11th day of November, 189, eshll regulirly continue until the ekee of the buls s of the said court on March 81, 1801. T order to be valid now d entd entered as odte Nov. 11, 1880. And it is hereby farther ordered-that the nest regualr term of theMgourt here by axed to begin ct. Wednapday, April 1, 1881. at 10 o'cloek a. .. and 'hall cantiane until Jane 80, 101 unless otherwise or. dared. ;Intthe matter of the Jnury eom ion, It is heLreby ordered that H, .; Howell, John Steinmets and William Dolliver be, and they are hstby. appointed-o Jury commis sionersfor the puriose of awing grand and petit Jurors for the nest regular term of the district court of the irgt judicial dietrict. H. 8, Howell, John Steinmets and Will iam Dolliver, Jury commissioners, a pointed in open court, wee eaeh d ul sworn and examined as to his l ual - tions, according to law, to perform the dutie of such commissIOners, wheraeua the commssitones retired to perform their duties. The grand jury returned to court with their repori, which was as follows, and were1s YXML. Fel 9, I9M181-Hon. Wm. Hunt, udge of the inst Judicial Distriot --Sir: We, the grand Jun of the above judiclal distrct emeld the purpme of Inquiring into chagies ia prmrsons for o2enses committed d Clarke county, having performed the dut ies de volved upon us in that conn.eton respect fully submit our report to your honor. We have invetigated all tis ease brought to our notice by the distrit attoey, an by others, and have r.r ourllndmgs io the cases of person a oar action, either in prison or under We have visited and exam d the county Jail and found everything in as good order and condition as sa admissable under the present very in to struetural arrange Peats, whieh eall for amelioration at as early date as is practicable. No pom plaints were presented to us by any of the prisoners t We also visited and examined the poor farm and found it in good order and the condition of the inmates apparently satis factory. We think the rr nements for heating and ventilation are primtitve and unsatisfactory. The little provision made for ventilation is on false principle. No complaini, were made by any of the ose a rnts when asked if they had any to oer. ae take the liberty of eral ohe as tten tion.+oLthesuonty coami er tro he fact that there is (probably alwys has been) something wrong In the conatruction of the gutters of the court house. An overflow of water is probably damaging the building, and it certainly much mars it appearance. The high tension on the springs of some of the outer doors is a vex. atious nuisance. It requires nearly all the strength of an able-bodied man to open the dooron the north side. The bogus var nish used on the wood work has produced lamentable effects, and we think that the outer doors, at least, should be repaired and varnished. We take pleasure in reporting that we have been assisted to an exceptional extent b the county attorney, Mr. C. B. Nolan. 1ie well done work made ours unusually smooth and as pleasant as the nature of the work would admit of. H. M. Pi.oaa, Forepan. SAVuzL J. Joran, Clerk. District Court Proceeding.. The following business was transacted yesterday: Mary J. Howell vs. John R. Rowell; de fault of defendant; testimony of Mary J. Bowell and Judge N. Hilger taken and decree of divorce granted. The State of Montana vs. Blanche Brandt. On motion of Henry 0. Smith and by con sent of the county attorney, the former order of the court declaring the bond forfeited was set aside; it was further ordered that the money deposited with the court by the defendant, lees the oests of bringing the defendant into court, be paid to HenryC. Smith. E. L. Kellogg vs. Henry Gebhard, at. al.: leave to amend demurrer granted; demurrer as amended submitted without argument and taken under advisement. F. i. Wallace et al. vs. M. O. Parsons; default of defendant and judgment for plaintif for $507,50, with interest and costs. Same vs. same; default and judament for plaintiff for $200, interest and costs. John Rooney vs. Chas. M. Jeferis; dis missed as settled. Fred Schimpf vs.Marths T. echwabe, and Henry Gebhards et al. vs. Martha T. SBohwabe; in each case, by consent of coon eel and court, the defendant withdrew the demurrer. M. D. Moran et al. vs. J.J. Germain; Chas. .Ninds and T. H. Clewell substituted as executors for D. M. Hoyt, deceased; set for trial March 4. Helena Lumber company vs. W. H. Cam eron; plaintid's motion for continuanee overruled, to which plaintiff excepted. Eugene Droreh vs. A. M. Breren; Leslie and Craven, attorneys, entered their ap pearance. Thos. S. Merchant s. Chas. Jefferis; de fendant's demurrer withdrawn and granted thirty days to file answer. Two indictments against Geo. L. Har rinaton for burglary and petit larceny; ar raigned and ordered to plead to-day. Indictment against A. T. Wilson for as. sault with deadly weapon; arraigned and ordered to plead to day. Blanche Brandt was arraigned; read ing of indictment waived, statutory time in which to plead waived and plea of not guilty entered. No true bill returned against John O'Neil. Kranich vs. Jovanovich: motion to dis solve injunction argued; defendant granted leave to amend and motion taken under advisement. Catherine Bumley vs. Jos. Davis et al.: jury impaneled to try cause and continued until to-day. State vs. Fred Hill; J. J. Williams ap. pointed to defend. Kleinaehmidt vs. Kleinsebmidt; plaintiffs ordered to fle copies of all exhibits with. drawn. The Supreme Ceart. Two opinions were handed down yester day. In the ease of Emma J. Palmer vs. J. . Moastsrs, appealed from the Deer Lodge court, being the second appeal, tha judgment of the lower sutrS was reversed and the ease lemanded for a new trial. In the ease of Sbwab &SZimmerma vs. Al Owens at al., judgment was reversed and " new trial ordered. The. pews courtdoekt s very light. are only about seven eases to he ad alaed staes Ceust. bNlogee of Dv Meleoman ve, we a L V Ju aeddersh, lir then JIi 01 A,4ow imis n le ho alse Adelaie mewes as oatie., In tlhe Leady et Lyoes. It reqgired extraordinary ootarge in a woman a evidently unwell as Miss Ade lade Moore wasee last evening to go through eoch dfldleult and emotional part as that of Panline, in the Lady of Lyons. Miss Moore stood up to the severe test. however, though it was apparent the effort was a painful one to herself, as indeed it was to tho6e in the audience at the opera horse, who sow the struggle she was undergoing, Her tiiee was very weak neahil .lltbe.wvdy through, and in the most trying pasamges almost f.iled per, q, Lin thes eneCiia h Qlsude efguotteab . do do dis e tun-es. there were few in the sadiene hbo n~sised that it wneu.ha.ashs a u u oI i £Oi ltmem ,,Nim Moore wek goo wilt of those who saw her, while her etetumet were pr tts shy onteboards of the opera house hbs season. Miss Moore's rendition of the part of Pauline evidenced eareful study. What shortcomings there were can be attributed to physical rather than professional causes. They might not have stood out Just as prominently had those who led in trn sup port taken more pains to please. Her best piece of acting was done in the closing scene, when she offers herself a aoriflee to save her father from ruin. In this she did what might be termed a really good piece of artistic work. Had she been in better vote it might have been more eleeive, Miss Moore greatly regrets herondition on the first t before a Helens audience, as theis capabl o doti better. Her atinge Of Mr. Joseph Wheelock, who enacted the role of Claude Melnotte, the audience whers he returns from the war 'i full fledged colonel and a hero in time to pro. et ulmet of his marrie with stormy p or to go to the other hi. mating. It is but charitable to presume that Mr. Whnsle ik's apparrently rent acting at times was due to his anxiety on account of the condition of Miss Moore. .i.e Marie nh as Madame Desohap. pellee, Mr. W. I Baker as Monsieur Des. ehappelles, Annie Macgregor as Widow Melnotte, and Clay Clement as Beauesant, did their best. The other members of the company had little to do. To-night Pygmalion and Galatesa and The Silent Woman will be given. With a good day's rest Mnss Moore expects to be in condition to do more justice to herself and give greater satisfaction to her udience. The Boston I1#enl club. "ie' ~atoii Ideal olub wifllf be at Midts opei a house on Thursday night, unier the auspices of the Y. M. C. A. The perform. snce is one of stringed instruments. An exchange, .peaking of a recent perform ance, says: "The stringed instruments and the performers. together with their agility in handling the mandoli.s, guitars and banjos reminded one of the sanish stu dents. The sweet and harmonio.u strains that were drawn from the shar'ly-toned instruments, together with the variety of the selections rendered, fully recompensed the auditors." The Jueh Opera Company. On Saturday night, Feb. 21, the Emma Juch company will begin a season of Eng lish opera at the opera house. The charm ing prima donna is to appear in three of her greatest roles, Elizabeth in "Tannhauser,' Vasentinoin "Lee Hugenots," and Elsea in "Lohengrin." Miss Juoh will have the support-of such eminent artists as Janus chowsky, Maeonds, and Meislinger, prima donnas, Iledmondt and Clarke, tenors. Rathjens and Stermont, baritones, and Vetta and Knight. bassos. The Hyer Ilsters. "The Blaokville Twins," with the charm ing Hyer sisters in the leading parts, will be at the opera house on the 18th inst. I yon need anthing in the different line car. rid byThe Bee Hive. it will ri s you well to see the roods, s evrth g must be sold to elkes the business. W. KEMP ROBERTS DEAD. The Funeral Services Will be Meld at the Residence This Afternoon. The death of W. Kemp Boberts at Warm Springs Sunday was learned with great regret by many friends in this city. He had been failing for some time and the news was therefore not enrprising. His son, Joe Roberts, went over to the spriage yesterday and brought the body to Helena. The funeral services, to which friends are invited, will be held at the reasdence 1404 Harrison avenue at 4.:0 o'clook this after noon. Mr. Roberts was an old resident of Mon tans and was widely known. He came to Virginia City in 186 and engaged in min ing and removed to Helena in e86S. He was sherif of Lewis and Clarke county for four years and afterward served six years as county treasurer. He leaves a wife and four children, two sons and two daughters. Mr. Roberts was a kind husband and father and a generous hearted friend to all. When troubles came that undoubtedly hastened his death he had the sympathy of all who knew him for he was very popular in the community. Mrs. Roberts and her children have the heartiest sympathy of their friends in their lose. Ta re l and dolls at umeduably lees than coet, to le the business at . than costHive. Sltalaitg News. The output of the Montana company's mills for the month of January was as fol lows: Tons crushed. Yield. Yifra-tamp milL.......... La.0 ','0 Ten-stamp mll................514 1L.t-. lty-sltamlp mill ............... 2.00 m.2al" Tutel ................... >] d.St Working expeases. $78,000. The Helena and Frisco company paid yesterday dividend No. 11, of two sente per share, aggregating $10,000. Ladles' and eldrens undewe and hesiley' at less thaen art, to eucs the boalaes, at 'lb ikre iore. Sledsat from es uts sad spwasd. at ns Use Hlive. Tbh p-rosa that took the ladder from as War na street will isatm anme at ses or stand ar Psr1m. e, oa ae Use. The Nouse and oSeat Cialt elr. mittelg L4tn to fir, Ml.rll on the Subjet, ne Lapi a ar, the Poeltlons of the People nhd the 3Rai road OntpasnT. A Spelal Representattive AMeld be lest to IWMlsitoeleeseesl Wil be Memorlalised. T. 0. Merrill, she well known neral land man, who has been engaged for several years trying to protest the mineral lands within the Northerb PaetSe land grant against the alleged rapacity of the railroad company, addressed the joint committee on inses and mining last night, in one of the house ommittee rooms. Thee present ws Senators Henuesey, -Nofsan, Tenten Powerr,and Rep. setativse Penro S Clark, lreen and Roberts. Mr. Mtinill, is. very familiar with all the delbls of estro verey, told the oa.uittee that a were t19000,000 eras of mineraler nl lad In Monta whieb the Nory Pae e wouald dewour and deprive the q opl of f gsome speedy renmsedy is not ght about to eheek the o . Ie rea4 at some length court Uisious bearing upon the ame sbject, b introduced in Wash angton, Secretary oblas recommends .lons on the subjest, and rseeted his own views of the ease. He said the coarts so far have been against the people in the construetion of the law as it relates to the def nition of whateonstitutes mineral land. To be mineral it must contain mineral that will pay for the working. Congress has said to the railroad company that mineral lands, escept cl a. d iron, shall not be in ludedsd bat eongress dose not nor doe it pretend to sy, what enstitute mineral lands. as it should and in hi, Mr. Merril says, lies the foundation for all the trouble. e said that Montanam has a friend in -on. 1ohu W. Noble, ecretary of the in. teri. He apprat theb lmportane rt taehed to the pre ation of the mineral landsefor the people of Montana. The se retary stronly 1rd and recommended the.sb.M ofa bll viding for the ap poiný etm ts of esion to investigate and designate wha re and what are not mineral lands wit the grant. One of his last remarks to r. Merrill, while the latter was in W gton, wuas that the Northern Pasfie w never get a patent toanymineral le he was in oflee. They are not strivi to sesure patents to heir agricultural I ds, sai4 Mr. Merrill, ut are ingwr to st patents on the mineral land i He said the pat ents issued should rve to the people the right to take of any ground up on which mineral ight e fond, even though it was not ered until 1yarn after the patesn was granted. The fact that mineral had been found, he said, would be asbaient proof that the railroa4 company had no right to the land in the irat place. He intimated that Montana's representa. tives in Oonagres were not duing their duty on this question. He attributed this to a pre sumption on his part that other mattersoc. copied their time, but to him no matter of greater moment had ever come before the people. le said the bill introduced by Mr. ;arter was ood enough as far as it went but it provided only for all the developed rand .ing minesof the state, but.ofered no protection for the undiscovered and un prospected mineral regions. In Missoula county alone, he said, there are two million acres of mountainous mineral land which the railroad company is seeking to steal. This great stretch of country is almost en tirely unproepected, Mr. Merrlrl prepared a bill and gasve it to Mr. Payson,of Illois, chairmanof the pub lic lands committee, which was introduced last April and has never since been re ported. Mr. Carter's bill is also in the pos session of the mining committee and will not very likely be heard of during this ses sion of congress. As to Mr. Payson, he said the Illinois gentleman was very much in favor of the bill it frst but since it fell to his eare he has experieneed a sudden and pronounced change of heart. It is only a few weeks ago since the gen eral land office sent out an order instruct ing the local land oflloes not to accept ap plications for patents to mineral land on odd numbered sections. By this Mr. Mer rill said uanuy mining properties in the vicinity of Butte and elsewhere will te en dangered. He said the Pacifte roads were combined on this issue and never sleep on the subject. Thu work done thus far, he said, had pre vented the issuance of patents to the com pany for land in lMisouls. But there is a great deal of work to be done yet. There is a powerfulfoe to contend with. The Pacific roads have great streugth and indiorce in the senate, and always have a good deal to do with the se'e:tion of western senators. He said the state of Montana should take hold of this matter and memor!alise the president and congress, and get all the other Paoflo states and territories to join hands and make a strong pull together, which, in conjunction with the representa tive i at Washington. be thought would have a good effect in preventinl the Pacificd roads from getting poseasioun of the mineral lands. In addition he would suggest that the state select one man to prepare a conciee statement of all the facst to be presented to the president and each member of congress in person; snd a man to Washington with credentials from the state and have him work. He maid the subject was of msauient importance to have a man in Washington who would give his entire and undivided attention to familiarl.zg the congresamen with the matter. A presentation of the facts will have. he thought, the desired in Suenae. It will not do to mail the printed matter citing the facts, as more than three fourthe of the eireolars would never be ooened. Mr. Breen thought Montana's delegation was aware of the facts, and Mr. Penrose wondered why the bhi I was still in commit tee. Mr. Merrill said hemppoeed the Mon tana members had knowgedo of the fa~ts, but without ing anything discourteous about them, he intimated that they were not losing any sleep in their anxiety to pro tect the miners of the state. Mr. Merrill said that thus far the people had voluntarily subscrlbed about 5,000, which had been used in furthering the tight against the railroad. He said he would not try to raise any more money that way. He felt that the state ought to make an appro priation for the expenses of an asetive and competent man to see that every member of the next congress learns of this matter. The subjeot would require all the time of one man and the three representatives could be occasionall reminded that the ople wanted them to do somethng. He did not know of the proprloy of sending a resolution to she Montana deiegation, but he said eomething should be done immedi ately. The probability is that the undis covered mineral lands are vastly richer than thoee aI eady developed. ;enator Thornton inquired if it was the policy of the rairoads to hold their lands and sell them for their mineral value. Uesator Hoftman sad that if Lamborn lads any mineral on the company's land he - pa chaser pay more than the Mr. Merdil said in the bleak eaveynees ef the company they have a prevision re servting to themselves all the mineral, in. el dig coal sad iron, that may be found. and also reserve the right to appropriate what ground may be a esMary to the same. Other .deswere cited, se beig suggest ed by Sasor NoJman, who said the corm a. ae topy full value for andthtl e eadd im od - before he knew it was railread ad esd s made Wim pa for the imcprovemenle upon Mr. was renqusted to draft a CLOSING OtUT *AT COST* Beginnlng Monday, Deo. 8, and continuing until sold, we shall offer our entire stook at 0ost. We have now in our ware-rooms, at Main st, and Sixth ave., a large and elegant line of seasonable goods which this sale offers an exoeptionable opportunity to purobhase at prioes never before offered in Helena. 8West's Common Snse Bob Sleighs, the "Best on Earth," All Sizes. SLare Assortment of Light 81ighs and Cutters. Runner Attachmepts for All Classes of Vehicles. Sleigh and Carriage Robes and Mats in Large Variety. Heavy Logging and Work Harness. Medium and Fancy Driving Harness, Whips, Etc, Eto An lnspection of this Stock before the Assortment is Broken Will Well Repay, You S. C, ASHBY & CO., Main Street and Sixth Avenue, Helena. memorial t*obe pratd t jois om ity dire action of the is hereby oade a own tha eah moinmlt , r. of the of rd of hTrade, nd lady, eU ordf tly esett' will" sb$a. AV •v-lat t do a ds ae asbo ais tion seatd The lertnk Iwn Bei. .e ts. o bas the of they have no time to ma a d lad of goodS. Board of Trade Esareea eseptlon. By direction of tes abou eI hered.by made known that each member of the Hel ena Board ofand rooms s Nse's, 118cordially nvitppd t o attend the abe so tuaer d ent s W artertainment m h format l not o nvieetation being expected. bank. Houax'C. Wansz , Sec. Cut Viewers. (bossst sl seticna always en baud. Prices easonable. Nuquirs l* Broadway. BzUNAs IN BUMr. Jackson's music store, Bailey block. Dinner from 12 to bat the Bon Ton. Board and rooms at Miss Nesgis's, 115 Clark street. tichiappi, the artistic piano tuner. James W. Barker, mrtchant tailor, Main street, opposite Frs Nional ban Ilki's Opera llose. FEB. 12 THURSDAEB, 12, *BOSTON IEALS+ t~eventh Y. M. C. A. Star Entertainment BANJOS, MAIDOLIlS liD GUITARS. Tickets at Pope & O'Connor's, Wednesday at 9 A. M. Season Tioket holders secure re served seats at Pope & O'Connor's by presernting season tickets. mII's Opera Boise, JOHN UMAlumI . __MANAR 3 Nights and Wednesday Matinee, lEBRUARY 9, 10 gad 1t, England's Latest Favorite, Mis Adelaide Moore, Fren the Globe Theater, London, aoompaoned by t popular ' d sterling Amriasn Mr. Joseph Wheelock , And a Strong Supporting Company, in iimayewe welemos steadsud piays. Msadir Rmeae8-TE- LADY OF LYCIM. I. J A s oIIA.- O M an. we..ss.u U -ouewAD IUIwir. l1 SPowPowder.U Used in Millions of Homes-4o Years the Standard. NO INCREASE IN PRICE ---N Furniture, Carpets, Shades, Lace and Chenille Curtains. WALL PAPER AT C08T TO CLOSE OUT T. M. .25. E'O"L"CT=, NO. 112 AND 114 BROADWAY. HELENA. MONTANA. HELENA LUMBER COMPANY, ---- A~e aI. for the C.·.brwtea-- G7 LT + COAL. Also dealers in Rough and Finishing Lumber, Shin gles, Laths, Doors, Sash and Mouldings. OFFICESAt Yard and 18 Jackson St. TELEPHONE 14. -tl - vC O +1.