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THE OUTIES OF A SHERIFF
Interesting Question Presented in an Appeal of the Utah and Northern. Deputies Sworn in to Preserve Peaoe at Request of the Company, nut it Is Hoeld That the Courporation Is Not Bound to Pay Their Expensel, The papers were received by the clerk of the supreme court yesterday in the appeal of the Utah and Northern railroad from the findings of the Butte court in the suit of E. D. Sullivan against that corporation. Sul livan was sheriff of Silver Bow county in 1886, when there was a strike among the employee of the Utah and Northern at Butte. He swore in a number of deputies to help preserve order and to protect the property of the company. For their services he claimed to have paid out $1,295, and sued for the money. On April 24 last the jury in Judge MoHatton's court awarded the ex sheriff $1,154.25. It is from this finding that the present appeal is made, and the judgment of the supreme court is expected to settle some very interesting questions. Ex-Sheriff Sullivan claimed that on May 6, 1886, he was summond to the office of Sam Word, who was then supposed to be acting in the capacity of attorney for the Utah and Northern. He was told then that there was a strike going on or about to take place, and asked to prevent a riot and to protect the company's property in the yard. He said he would be able to do so with his regular force of deputies, but Gen eral Agent C. W. Scott did not think so, and at the instance of that gentleman he swore in sixteen additional aide. After wards Assistant Superintendent Leslie re quested the sheriff to swear in fifty or more additional deputies at the expense of the railroad and at the rate of $5 a day. He asked for a written request to that effect, and it was given him. The paper, how ever, was destroyed when his house was burned later on. In the hir ing of extra deputies and their board at the place the sheriff claimed to have contracted an expense of of $1,295. At the trial in the lower court the railroad people asked that the jury be instructed to find for them. This motion was denied and an exception taken. Other exceptions had been taken during the course of the trial, and it is on these that the railroad company takes its appeal. The brief of the railroad's counsel, filed with the appeal, says that Sullivan, at the time the money was advanced, as alleged, for the benefit and at the instance of the company, was the sheriff of Silver Bow county; that the company, fearing a riot and disturbance among its employes and a consequent destruction of property, called on the sheriff to preserve the peace, and to put on as many men as he might deem nec essary for that purpose; that the sheriff told the officials of the road that he could preserve the peace with his force of regular deputies; but that the officials requested him to put on a larger force and that they would see that the company paid the expenses of the men em ployed at $5 a day; that the sheriff depu tized a large number of men who were set to guard the railroad property, and that the major part of the money sued for is for th4 services of these men. It is contended on the part of the company, however, that the agreement of the railway officials to pay the sheriff for the services of these special deputies was void, for the reason that it was in violation of the statutes of Montana and against public policy. It is contended that the statutes of Montana in force at the time of the alleged payment of this money, definedthe duties and fixed the compensation of the sheriff and his deputies, and that it was unlawful for the sheriff to charge or receive any com pensation either for himself or his deputies, for any services performed in his official capacity, or ineur any expense other than as prescribed or allowed by the statutes. It is further contended, that any contract or agreement to pay a public offi cer for services rendered either'by himself or his deputies, where no fee is fixed by law. or for any addition to the fee fixed by law, is void as against public policy; also, that it was the duty of the sheriff to preserve the peace when called upon, and to call to his assistance all necessary aid to effect that purpose, and that it was unlawful for him to exact any promise or agreement from the company as a condition precedent to his exercising the powers and functions of his office in preserving the peace. District Court Docket. H. Gabisch et al., vs. Kupbal & Schu macher; petition of Georg3 H. Hill for pos session of property under assignment overruled and the instrument purporting to be an assignment declared null and void as to attaching creditors. F. E. Warren Mercantile company vs. J. J. Kelley; judgment for plaintiff for $1,027. 30 and costs. Brush-Swan Electric Light company vs. JJ. . Kelley; judgment for plaintiff by de fanlt for $540.35 and costs. R. C. Wallace vs. W. B. Ileed: judgment for plaintiff by default for $420.06 and costs. Fifty-Rix piece decorated tea set at The Bee Hive only $5. Drs. Erssig & iote, dentists, rooms 510 anid 511 Power block-ftlfth Iltor. You can bay a first-'ass silk umlbrella at The Dece Hive for ,t. h7. Lighnin g's Freaks. A great many flashes of lightning fall upon the earth from highly electrilled clouds, which leave no visiblo trace. But in rare instances it falls upon a house, tree, or some animal or human being that hap pens to be in its course. The lightning flash on Satuanay evening struck the resi dtince of Mis. Hngh I)aly, in the rear of Park avenue. This wai atoiut the tenth in stance in which lightning fIlshes left visi ble effects on n surfstce of about two square miles, within the limits of the city of Ilelena during the present seatsnn. Assum iug this to be one-half of the numbe: of electricnl discharges from the clouds on that much surface, it will give as an aver age of ten thunderbolts to every square mnile. Montana containus 143.0")0 square miles. Then. eccordide to this average, not less than 1,400,000 tIashes of lightning have been drawn from the clouds over Montsnut during Ihle u ummer of 1891, but if Rlly one wants i giooa notlarisl or corpora tion seal quick its lightning, call on or send your order to C. E. Kemp. with thl llolena ('OltllUtssion eomUpantv, on Park avenue. See "ad" on another page. For sale. Private sale It-, a ind Thir dl y of tihiorhll furnitureI at n North l'llark avtlllu. lororated clambn r eats at T'ile Bles Hivo, new pattern. only 4:t.7;, Iiuncih froml 12 to 2 p. nm. at tihe Ielena a'fe. SALEE AT IFORT SI1i\V. Phill. A. Mlanlx Will Auctionl All the Gtoods Augt. 24 there will bn an excellent oppor tunity offeoed at Fort Shaw to buy a lot of goods and ehattels of all slrts and descrip tions. lncle Samn has ordered the aban douuolnt of the post, and this uction is Intended to rid the government of all the material now there. Attention is called to the advertisement on another page. THE MUItPHY DISCUSSION. Two Interestlag Communleations From Dilffrent Points of View. The following letter signed by "An Ad mirer of Francls Murphy," and addressed to the editor has bega received: "The Murphy meetiogs are over and I see by.this morning's ,issue of your paper that the Rev. F. N. Smith has suddenly re covered from his ickness and appears be fore the public as an opponent of Francis Murphy, a man who has accomplished in three weeks what the efforts of the minis ters of Helena have failed to accomplish in ten years. Mr. Murphy in Monday morn ing's INDr.m .SNTor was defending himself against an attoak in the Bozeman New Issue. He has had the good sense not to trouble the prohibitionists until they troubled him, 9nd now that they have opened the war am glad to see the lion aroused. The worthy preacher says that he has had his ardor cooled in the Murphy meetings by 'flings at prohibition.' 1 have attended all the Murphy meetings and if anything that Mr. Murphy has said con cerning prohibition has had the effect of cooling the ador of the Rev. Mr. Smith. I think the fault is to be found in his "a: dor," and not in Mr. Murphy's "flings." This pastor of the Christian church (mole correctly, the Church of the Disciples) says concerning those who are addicted to strong drink: "I would reason with them, plead with them, pray with them, and in short bring to bear upon them all motives, both human and divine." I am glad to learn that be would do this, and now that he has made his loud profession let us hope to find him now and then working outside the narrow boundaries of his own church. Let us look for him, say once in each mouth, doing a little of this praying and pleading where it is mostneeded. not in the presence of an audience of cultured and believing Christians, but on upper Main street and its vicinity. He says he believes in both moral suasion and prohibition. I trust he will show by his works in the one as well as in the other that he is a believer in both. Francis Murphy came to this town a stranger. His coming was not heralded with newspaper notices to the effect that he would preach "no long sermons to tire peo pie," nor did he endeavor to catch an audi ence by intimating that other Christian workers were using methods that were or roneons. le came with the love of Christ in his heart. He preached this love to men, and he has won men as Christ won thom. "By their fruits ye shall know them," and this truth should put a quietus on the Rev. Mr. Smith. A "Prohibitionist" Writes. Editor INDEPENDENT: Nothing has so surprised me as the animus displayed in Murphy's interview as it is reported in your issue of this morning (17th). He says first: "I have been hounded by these fellows in every town." We know the prohibition fellows as well as women have lent a help ing hand in Helena, not a word of opposi tion here, yet the actual results are a dis mal failure. The blue ribbons are worn by men, women and children who were total abstainers before he came. The real con verts can be counted on one hand, or both at farthest. He says: "'Men like this Boze man fellow have attacked me before." 'l'he gentleman referred to is a minister in gnod standing in the M. E. conference of Mon tana, has lived here for years, and in no way deserves to be called wbat Webster deflnes as an ignoble or mean man, a mnan without good breeding or worth, a fellow. As to any attack, we only ask a fair reading of the article in question for reply. There is not one unkind word, not a single slur, not an ungracious remark. On the other hand he speaks of Mr. and Mrs. Murphy as a good-hearted couple. All the writer asked was a joining of forces; to add moral suasion for the tempted to legal suasion for the tempter. Brother Murphy hasbeen not only un molested by these hated third party people, and there are not a few of them, even in Helena, but assisted by them, and he does not add to his supposed real love for man kind by this talk to your reporter. That he must work for the money is plain to the la dies who asked him to work in the Sixth ward, and received from Mrs. Murphy the reply that he could not go for less than $50 a night, Brother Murphy should not be so ready to call prohibition a failure until he makes r greater success of the blue ribbon movement. A 'nROHIITIroNrIT. Umbrellas at special sale prices at The BIee Hive. See ad. Dinner from 5 to 8 p. m, at the Helena Cafe. Men's night robes in fancy embroidered fronts ank plain white 75c at The Beo liive. W. C. T. U. Call for Convention. To the Local Unions-The eighth annual convention of the Montana W. C. T. U. will be held in Deer Lodge, September 22, 23 and 24. A meeting of the executive committee will be held on the evening of the 21st. The convention will be composed of the executive committee, the superintendents of departments, the editor of the official organ, one delegate at large from each county. one delegate from each local union, with an additional delegate from each twenty members or fraction thereof over the first. The union will please observe September 21 as a day of prayer for the blessing of God upon our meeting and the work of the coming year. Meetings of interest will be held each evening during convention. Yours for God and Home and Native Land, Mss. M, S. CUMMINs, Helena, Pres., IDA M. FULLE1iTOO, Helens, Cor. Sec., Mns. ALMA KIRKPATRICK, Dillon, Rec. See. Mae. S. A. WALLACE, Billings, Treas. Buyyour novels at The Hlie Hivo and save 20 per cent. All 25c. novels at 2tc.; t.c. novels 40c. Everything first-class at the Hlelena Cafe. Children's ribbed black hose, warranted not to crck, sizes 7 to St.. Only 20c, at Tie BOo Hive. Thauks for Easy Chairs. To THE INDEPENDENT: The generous re sponse to the appeal for an easy chair in dicates the warm hearts of Helena people. The notice in Sunday's issue brought a chair from our Mayor's wife, Mrs. T. H. Kleinsohmidt, and she sent it at once to us, not waiting for us to col~e for it. 'then Mrs. Heeget, J. RI. Sanford. Lzwyer Weed and others notified us to call, for they wore ready to answer our notice. We are very grateful to one anld all, rand ask you to re serve the chairs for other equally needy and worthy cstees in the future, and then we will accept your gifts with pleasure. Alars. ,hea:1sn (UnlturAn. Great drive in Muslin underwear at The Boe lHive. The Merchants lunch at the Helena Cafe is eiual to lany ul'lgulr.idlnnerLiaenl by any ollier place in thie city. %o Inerease in prie. I)ime and nickel pocket eavings Ibnks at The Boo lHive only 1e!. Lelandll Hotel, ('hlicago. American and European plan; has re oently added one hundred new fireproof rooms overlooking the lake anti pare. WARHREN F. LELANI), 'roprietor. lMen'anummetr udiewe at 'l he oo Ie Ive for W)e. 1~ and $1.25 per sUilt, usuallly ,uhl at double three priese. D. PRICES all) Baking rPowder Used in Millions of Homes-4o Years the Standard A FULL COUNCIL AGAINI Alderman Klein Takes His Place as a Member From the First Ward. City Engineer Reedcer Makes Sug gestions Regarding the Davis Street Flume. An Ordinanre for the Appointment of a City i'hyildhcn and Inspector of Milk and Food. A special meeting of the city council was held last night to canvass the votes cast at the special election in the First ward on Monday, to fill the vacancy caused by C. P. Connolly's resignation. The votes woro canvassed by Aldermen Her rity, Steele and Wieber, and the result, as already known, was a majority of twelve for Herman Klein over J. M. Clemente. Mayor Kleinschmidt in vited the new alderman to come forward and be sworn in, remarking that but for the absence of the city marshal he would also have ordered up the billy goat. When Alderman Klein had taken the oath Mayor Kloinschmidt welcomed him on behalf of the council, hoping he would become an ac tive worker like the others. Alderman Klein said he would do his best. He then took his seat, and the city council became republican by eight to six. The new alder man set up the cigars for his associates in the council chamber. City Engineer Reeder reported on the matter of the Davis street flume that it was 3,500 feet long, and two feet deep and four feet wide. In one portion, between lIroad way and Breckenridge street, it was only three feet wide. He found the bottom broken almost away and the sides gone in many places. In some places the sewer was higher than adjacent ground, thus causing overflows at times. Unless it was desired to construct a permanent sewer, the engineer recommended that the broken sides and bottom be repaired, and where the flume was higher than the adjacent ground that it be banked up with clay and gravel. He recommended this only as a temporary expedient. The communication was referred to committee. Alderman Steele offered an. ordinance creating the office of city physician and in spector of milk and food. He is to attend all cases needing attention at the city jail and to visit such poor persons as are not able to pay for the service. When directed by the mayor he is to examine people in. jured on the streets where there is likeli hood to be a suit for damages against the 'city. He is also to act as inspector of milk and food and to be secretary to the board of health. The snlary was not fixed. The ordinance was referred to committee. The council passed an ordinance appro priating $1,350 to pay Wallace & Thorn burgh for a lot in the Blake addition, to be used for the eeventh ward hose house. An ordinance was passed appropriating $927.89 to pay N. Adams for plumbing work on the city ball. Alderman Fuller presided over the latter part of the meeting, the mayor being called away'early. Infants' embroidered flannel cloaks almost given away at 'le lie Hive. See ad. in another column. Teal anld mallard dluck, plover and prai rie chicken at the Helena Cafe. Ladies' jersey ribbed summer vests marked down at The Bee Hive to make room for new goods. Lecture by Rev. S. M. Crothers. Rev. S. M. Crothers, pastor of the Fir t Unitarian ,hurch, St. Paul, will deliver a lecture on "Cervantes and Don Quixote" at the hall of Englehorn's business college, corner of Main and Sixth avenue, on Thurs day evening. August 20. at 8 o'clock. The lecture will be free, and the public is cor dially invited. Foster kid gloves, every pair warranted, at 'he lBee Hive, only $1.'25. Typewriting, room 15 Bailey block. Private Sale. Being about to move to my new pastorate at Livington, Mont., I now offer at a special bargain, a good new parlor and bed room suit; also cook stove and window shades. Call immediately at 306 Chamber street. REv. R. V. BnITH. Seamstresses. Helena fashionable dress making estab lishment wants six first-class seamstresses to-day, 207, 209 S. Main street. Now on the Street. The mineral water wagon, containing water from the famous Lissner springs, will be on the streets to-day and every day thereafter and will be furnished at five cents per gallon. Those desiring water left at their homes will please leave their orders at the t.ineral Spring hotel at the old Inter national site. The State Fair. The railroads have made a half-rate fare from all towns in the state toHelena during fair week. No better time or opportunity could be selected for paying the Capitalcity a visit. Remember the dates. The Mon tana State fair opens Saturday, August 22. Get your exhibits ready. A Great Snap. Everyone seems to be offering bargains nowadays, but of all the snaps now being thrown open is the stock of dry goods, clothing and gents' furnishing goods by M. Lissner, in the Novelty block on Main street. You can get dry goods at your own price. Isn't This ('heap? Go to Oppenheimer & Aqoh, International lintel block, and try a bottle of porter at 15 cents. iTo'e, l ie iv, hsa l rus -ceived a lage lolt of in fast' onlb oidere lonrg elomk which ihey pur et asrdL ch ap al an u-ligln.'s salo in New York nmd tihy are givinlg tlr patroas the benefit ef their bargaiu. t'll aslid eel l.on,. Forbes & I)avis--peelal. Money tells. Look at the list: 900 Fourth of July. 50X0 Ii-Metallie Extension. 10 H-lelena & Victor (if not sold). 1,000 (ilenary " " 20t01 Iron Mountain. 21). 100() and 500 Cumberland. ,X000 111 ar. Every at ck quoted h good purchase. Ulicu 24; anod 7 Bailey Illock. Iadlies' fa.t black eanmle heuse olnly Io at 'IThe lk, Iimvo. Raleigh Clarke, Our buyers are now in the East purcha.n ing our Fall and Winter stock of Dry (Goods, Cloaks and Wraps, and in a few days all the Latest No/elties in Fall and Winter wearieg apparel will be found on our coun. tern, in exclusive styles and patterns bought especially for our trade, in a word we will hlhow this fall, the largest and most varied assortment of fine, medalun and low priced Dry Goods ever brought together In Montana. Our efforts in the past to give the bent and most satisfactory Dry Goods for the lowest possible price has placed us at the head of our line of business, and as a consequence we are unquestionably sell ing more Dry Goods than any other ertab lishment in Montana; we shall airm to make our past efforts but an earnest of what we shall do the comrning season leaving the pub lin to' judge as to our success. You may at allItinmea rest assured that your interests are safe in our keeping, your interests being our Interests. To make room for our new stock which will begin to arrive in a few days, we are closing out our Summer Goods at prices that will sell them. We don't count the cost this week. Should you be in need of any Dry Goods we simply request a call and an inispection, feeling confident you will make your puroheaes with us. Raleigl & Clarke. PASTURE, bone Tree Janch. This ranch lies 12 miles east of Helena, partly on the mountain side and partly on a bench, and is inclosed by nine miles of substan tial fence. The pasture is covered with luxurious grass, well waLered and protected by groves of quaking asp. A large part of the pasture is reserved for winter range. Ample sheds ani hay will be provided du ring the winter months. Horses will be called for and returned to any part of the city. Charges- $2.50 per month from May 1 to Nov. 1, and $5 per month for the rest of the year, latter price in cluding hay. R. W. RAY, R. A. HARLOW, Mangr. T. D. FARROWV, Props. Address: Lone Tree Ranch, Box 482. Helena. MONTANA UJNIVRlSITY. UNIVERSITY PLACE, NEAR HELENA. FALL TERM OPENS SEPT. 3, 1891. Course of Instruction-1, College: 2. College Proparatory; 3, Buainess; 4, Normal; ., Music; 6. Art, Also Instruction in Common Branches. ABLE INSTRUCTION, ELEGANT BUILDING E-f"Fend for Catalogue to the rrasident.._J F. P. TOWER, A. M., D. D Eight Years Before the Panlic, Our workand crraduates strongrs' roconmmond ations. No vacatiou. nchool in .ession now. DAY AND NIGlti' SESS1ONS. COURSES:-1. Businesp. 2, Ptonography and Type-writh(ig. 3. Telerapthy 4, len Art. 5. ArrchitecturaL. 6. English and Normal. 7, Culinary. First-class boarding accommodations for students at STUDENrs uOMoa No. i09 Ninth avenue. SI'IPEC(IAL TE:RlS given to all who apply from JULY 2., to SLPTEI3Bi R 1, for a olear's or half year'e OULrse. Demonstration Leotore in Cooking every Tues day from 8 to 10 p. m. at College Hall. For full information visit the ('ollgo or read the "New Business I duoator," or address the Prinlof. H. T. ENGELBORN. M. A., Helena. Mont. A FINE RESIDENCE AT A BARGAIN! Eight-Roomn Frame House on Lawrence street. Sheds, stables, etc. Ample grounds. Houses for Sale and Rent in all parts of the city. E. S. French &Co. GOLD BLOCK. I OTO I'E TO ('REDIT(ltH IN 't'HE It. trict courl .of the trst ~nlicial listrieo of the otato ofta luntnoa. to and ltrr tire corllry o~f I.r'wl anM C)..kro. Ilr tho uraltr.r rI tihe estateo of lawil IrhnIou. de'oaetod. Notirs it hereby given by the unttdrslignll. ali tmioistrator of tihe .1ste of Dtavil Irh'sn, dlrcearesI, to the credlitors of. all al ersom: Ihav ing clasim against the said dctarn t., to rlhihit t,,1ons l ih toIle tne s.are vsonchl.e wirtiit torI nmuont a atloer lie ti'res ,rrlli .ir nr of this urtio,'. to te tr'd administrator at the tlaw tlicn of Asirhburrn Ki. lar.o tr. Ina tshe Mst nio 'or,rlu, inl t oIe ily of llelensr c'uty of' Isewis and rt'lnm k~ andL tla lrt.'o i t,, lana, ti Sarnne beingu tlhe pIns of tim' tranalct.ior of the buas of tre said I.sthor.I i lS IllEN. Adliulstrator of the setato of David liubes dreasaad. Dated. etlens. Moontas, July t IOL SPECIAL_ *SALE! In order to make room for our Fall and Winter goods, we will sell owu _irmonse tockof VEHICLES roover 50-DIFFERENT STYLES.50 -Consisting of Extension Top Fiarouches, Carrioage, Canopy Top and Open Surreys, Uioctor Tops, Loop and Scroll Front, Family ornd (ontlrwmen's Light Driving Phaetons, Ereviater Sprinri SLdo Bars and End Springs, il Piano B3ox and Corning Bodies. Fine Carts, Etc.. " ~WT AN ADVANCE OF 10 PER CENT OVER COST. .+ Ccre andl See Our Stock aid. Prilces. T. c. yOWE~p & CO., STEAMBOAT BLOCK. COR, HELENA AVE & MAIN ST GRAND OPENING Boston nloting 6ompanv, OF II TIE MONDAY, AUG. 24, 7 O'CLOCK P. M. THERE WILL BE A NICE FREE GIFT FOR ALL. DON'T FORGET THE DATE. I - - TABLE LINENS I TOWELS, Red and Fast Colors at Lunch Cloths in Plain White 45c, and 85c , and Fancy Striped Linens PER YARD. 35c, to 15c, Napkins, a large assortment, Unbleached, From from a Check, Red and White, all Linen, to the . * Finest White I)amask. PER YARI). - Linen Towels, White Damask Linen at 25c, and 35c, 65c, and 90c. each. The best ever offered PER YARat this price. Tuirkish Towels, uExtra .;nc muty, 15c, and 2uc, Each, A new line of Fancy Dry PER YARI). Goods received daily. FOWLES' CASH STORE.