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The Billings Gazette. .
VOL. XIX. BILLINGS, YELLOWSTONE COUNTY, MONTANA, FRIDAY, MAY 8, 1903. : N02. POLICE FORCE IS ENLARCED RESIDENCE PORTION OF THE CITY GIVEN PROTECTION. ALL OFFICES ARE FILLED Mayor Foster's Nominations Confirm ed Unanimously by the Coun cil-One Small Hitch. A democrat, one of the new mem bers of the city ccuncil, voted with the two republicans, who hold over, ag.. $ Mayor Foster's proposal to in crease the police force in order that tlte, residence portions of town might r4oeive at least a modicum of protec tiý during the night time. -Before Mr. Foster was formally in ducted into office he announced that among the first of his official acts would be a recommendation for an increase in the force. He said that he looked for some opposition on the ground of the increased expense an addition would entail upon the city, but he would, nevertheless, make the effort, as he realized that the old ar rangement was manifestly unjust and unfair. Under it all the taxpayers of the city were compelled to contribute to the protection of a small portion, at the most only a few hundred per sons, the smallness of the force mak ing it out of the question to have patrolmen in the parts of the cityl given over exclusively to residences. Vacancy Filled. Last Tuesday evening after Mayor Foster had called the first meeting or the new council to order attention was called to the vacancy existing in the Third ward's representation. That ward had only one alderman, due to the resignation of Alderman Hogue, a few weeks ago, who resigned his seat because of the fact that he was preparing to leave the city. Following the usual rule of cour tesy in such cases Alderman Sturm was requested to nominate, the man whom he desired as his colleague. He named August Schmudlach and the nomination was confirmed unani mously. Appointive Officers Named. The council now being duly organiz ed, Mayor Foster announced that ne was prepared to submit the names of the men whom he had decided upon for the various appointive offices with in his gift. The following were sub mitted: City attorney, J. D. Matheson. City clerk, Nat. G. Carwile. City engineer, A. A. Morris. Street and sewer commissioner, William Schneider. Chief of fire department, J. C. Bond. All, the appointments were confirm ed -unanimously. Alderman Berky nominated H. G. Williams as president of the council. 'i.d was no opposition and all the aidermqn voted aye, except the gentle man who was being honored. He registered an emphatic "no." His First Opposition. 'The mayor briefly informed the council that in his opinion the police force of the city should be increased by the addition of three men, as hd considered the old force inadequate. He desired the additional officers to patrol the residence portions of the city at night. Alderman Brewer moved that the mayor be authorized to make the ad ditional appointments. Mr. Sturm seconded the motion and it was put to a vote. Upon the roll being called the re sult was as follows: Ayes--Greip, Williams, Bouton, Brewer and Sturm. No-Bennighoff, Berky and Schmud lach. The motion was declared car ried and the mayor aninoifnced the following appointments: Chief of police, S. F. Morse; ser geant, R. T. Hannah; patrolmen, R. C. Baker, C. E. Mowre, V. J. Salsbury, Walter Watkins and Edward Garnant. Alderman Berky moved that the ap pointments be allowed to lie over until Wednesday evening, when an adjourn ed meeting should be held to consider them. The motion received a second from Alderman Biewer and the roll was ordered called. Only two votes were cwat In the elrmative those of the .nevwe .d7 tlp iii `idi.onoded the point men nl was now made and it pre. vaileel without dissent. Bids Are Laid Over. Clerk Matheson opened the pro posals submitted in response to the city's advertisement inviting bids for the construction of sidewalks, street crossings, supplying the city with lum ber, to do the public printing, and for furnishing teams for street sprink ling and general teaming. Three proposals were tendered for sprinkling and team work. They were Herbert Scovel, $95 a month for each team and driver, provided not fewer than three teams were employed, or $4 a day for each teamn and driver; C. W. English, $100 a month for each team and driver; Thomas A. Butler, William Berry and Charles O'Neill, bidding jointly, $300 a month for three teams and drivers; A. K. Wick, $99.50 a month for each team and driver. J. O. L. Burke and Ben Hager were competitors for building cement cross walks. The first named offered to construct all the street crossings the city might require during the next year at the rate of $84 for six-foot crossings and $90 for those eight feet in width, from curb to curb, the same, to extend down 20 inches on either side of the crossings, so that the wheels of passing vehicles would strike the crossings gradually with out doing damage to the cement. rlager's bid was for 26 cents per square foot and 'for approaches to cross walks at the rate of 20 cents per square foot. He offered to allow the city full market price for all the cement it has on hand and to take all the gravel it has at cost. The Thompson-McGregor Lumber company offered to supply the city lumber for the ensuing year at the rate of $21 per 1,000 feet. H. M. Al len submitted a bid for rough dimen-, sion stuff at $20 per $1,000 feet, and $21 for Montana surfaced dimension. M. C. Morris was the only bidder for the printing. He asked statutory rates for publishing the ordinances and the same rate for supplying blank books, blanks and stationery. Four bids were submitted for the construction of sidewalks. A. K: Wick proposed to build six-foot walks for 39% cents per lineal foot; 12-foot walks for 95 cents and 14-foot walks for $1.05, extra to be paid for lum ber and labor where trestles are re quired; extra lumber, $15 per 1,000 feet for surface of sidewalks and $27 constructing trestles. L. O. Jones of fered to build six-foot walks at the rate of 38 cents per lieal foot, 90 cents to be paid for 12-foot walks and $1 for 14-foot walks; extra lumb'er to be provided at the rate of $25 per $1,000 feet. John Powers did not en ter into details. His proposal was for the lump sum of $28 per 1,000 feet, all' extra work, lumber and nails included. L.C.Watts asked 38 cents for six-foot walks, per lineal foot, and 75 cents for 12-foot walks; extra lumber to be furnished at $25 per 1,000 feet. On motion it was decided to lay all bids over until the next meeting. As it is the intention of the mayor, as announced in his speech accepting the nomination, of doing as much of the city -work as possible by day work, it is regarded as very likely that some of the proposals will not be accepted. especially those where labor' is the principal ingredient involved. HAD CLOSE CALL. Negro Tramp Makes Deadly Assault on Conductor Anderson. According to accounts of the affair that have been received here, Conduce tor "Gus" Anderson, who runs a pas senger train on the Yellowstone di vision of the Northern Pacific, has good reason for congratulating him self that he is still alive, or at least not in the hospital. A few days ago he discovered a negro attenppting to steal a ride on his train and put him off. This was at Miles City. When about three miles west of that place Mr. Anderson discovered that the man had climbed on again and attempted to put him off a second time. The negro resisted and drew a knife on the conductor. Before he could use the weapon, however, Mr. Anderson and one of the brakemen overpowered him and took the fellow to Forsyth. There he was turned over to the authorities and later he was taken to Miles City and' given a preliminary examination. He was held to the district court to answer to the charge of assault in the first degree. The man gave his name as James A. Porter and said he -was on his way to Billings. ,r your town .ots from Nort~ ~ R. otate. Loea & The Co. Low Wpiesi DISPOSED OF MANY CASES DISTRICT COURT ADJOURNS FOR THE TERM. MOFFETT SCORES A VCOTORY Billings Telephone Company Is Non Suited and Must Also Pay All Costs. Last night Judge Loud adjourned the March term of the district court. The next term is set to begin August 31, although it is considered extremely improbable that his honor will be able to be here on that date. Heavy dockets are awaiting him in the three other counties of the district and he may find it necessary to order a postponement of the opening of the term in this county. More and more is the necessity of a cntting down of this district felt, as. the work is proving too much for one judge. To make matters worse it is constagtly increasing and to keep up with it is an impossibility. Moffett Company Wine. Wednesday morning the case of the Billings Telephone company vs. L. L. Moffett and others, came up for hearing. Both parties waived a jury and the matter was tried to the court. The suit had been pending for some time and was 'brought by plaintiff to enjoin defendant from interfering with the plaintiff company's wire, it being alleged that in constructing, a telephone system about the city the defendants were damaging the 'sys tem of the plaintiff by allowing their wires to come in contact with those owned and operated by' the plaintiff' for a like purpose. An injunction was demanded at the same time and a conditional writ was issued. The proceedings opened with the ex amination of several witnesses in .b half of the plaintiff, who testified ao to the conditions existing at the time of the institution of the action and as they now exist. When all the testimony offered hac been heard defendant's attorney mov ed for a dismissal of the action and to tax the costs to the plaintiff. The motion was granted, to which ruling the plaintiff toolt exceptions and 9( days were granted in Which to prepare and file a bill of exceptions. Probate Matters Disposed Of. Considerable probate business *as disposed of by the court during the days that have intervened since last report. In the matter of the estate of Wil. liam J. Reifenrath the petition of the administratrix for an order of final distribution and discharge was grant. ea. Receipts were shown from all the heirs showing that they had received their shares of the estate, while all bills against the estate were proved to have been paid. An order was made discharging Ingoborg J. Quarnburg, administratrix of the estate of John Hagen, deceased. Final discharge was granted the ad ministrator of the estate of Clayton E. Warner, deceased, late chief of police of Billings. An order for final distribution and discharge of the administratrix of the estate of Florence t. Stebbins was entered. In the matter of the same estate the court granted the petition of Harriet C. Whitney, guardian of Mabel B. Stebbins, a minor heir, to invest the sum of $500, a portion of the minor heir's share of the estate, in some form of security returning a fair rate of interest. The final report of the administra tor of the estate of Herbert L. Wil liams was allowed and order of dis tribution entered. Was His Own Lawyer. During a lull in the proceedings Wednesday afternoon Judge Loud took up a matter of contempt. The defendant was Robert B. Brooks, who was hailed into court on an or der to show cause why he should not ne fined for failing to comply with a lrevious order, made in a case where he was the defendant, an action for divorce instituted by his wife, Edith M. Brooks. Failure to support was the ground alleged and the court granted plaintiffs petition, at the same time ordering the defendant to Wo Ua y ' 1 2U 1 montt $ithe support of' the tour children the cou plb had. Brooks, who is a barber, failed to make the required payments and the proceedings 9f Wednesday were in compliance with a motion of the at torney of Mrs. Brooks, Henry A. Frith. When the matter began Brooks said he had no attorney and was not able to,, employ o.ne. .'. Frith assure_ him.and t$le court that he wo:ld be fair to the defendant and the fun opened. II. behaif of the plaintiff several witnesses were examined, the ostensible object of their examination being to show a willful desire on the part. of Brooks to evade the order compelling him to pay alimony and his ability to pay, were he so minded. One witness testified that he had bought Brooks' shop, paying him $150 for it,' whle two others said they had been employed by the defendant and testified as to the amount of money he took in. When Brooks took the stand he ad mitted the sale of the shop, but said it had been made last December, pre vious to the order for alimony, and that he had been compelled to sell because of a mortgage on his proper ty and to meet other debts. He prov ed to be amply able to take care of himself and when the court supple mented the cross questioning of the 'attorney with questions of his own, Brooks did not lose his presence of mind, but was ready with a reply at all times. He was finally permitted to go, the judge telling him that he would be given until the first day of the next te.rX of court and that unless he paid at least $20 a month during that tihe. he would be up again and then it might not go so easy with him. Got Nominal Damage. F. W. Schauer was a sadly disap pointed iPn when the jury that tried his case against the Italian Ditch company returned its verdict last Tuesday THight. The action was for the. purpose of, recovering $315, in which amount he claimed to have been damaged' by the defendant because of its neglect to take proper care of the waste'-water running tnrough.. its 'canal, below which Schauer's land is located. The 'sum he demanded was in payment for the destruction of a lot of hay and five acres of alfalfa land that he claimed had been 'about ir reparably..: injured. Man2y witnesses for both sides were examined and it was necessary to carry. the case over a couple of days. When finally submitted the jury re turned a verdict fixing the amount of the plaintiff's loss at $1. As the costs he incurred are not small, the amount awarded him will leave Schauer out of pocket, not only for the loss he claimed to have sustained, but also to the extent of the costs of the court and attorney tees. Motion for New Trial. Wednesday afternoon William Wal lace, Jr., of Helena, attorney for the defense, and H. C. Crippen, for the plaintiff, were engaged in making a comparison of the bill of exceptions which the defendant was preparing to file in the case of John Smith vs. the Northern Pacific Railway com pany. The action was tried at the last term of court and was brought for the recovery of personal damages Smith claimed he sustained by being put off unlawfully from one of the defendant's trains, between this city and Junction. A verdict for the plain tiff was returned and the usual time was granted the defendant to pre pare and file a bill of exceptions. With some changes the bill was set tled and Wednesday night it was sub mitted in support of a motion for a new trial. The arguments on both sides were lengthy and at their con clusion the court announced -that he would take the motion under advise ment. Notes. Yesterday morning the case of Aus tin North vs. Henry White was called for hearing. The action is to settle a dispute concerning the right of title to a number of valuable building lots in North Thirty-third ~treet, this city. As the principal questions involved seem to be of a legal nature it was agreed to try the cause to the court and the attorneys for the respective parties appeared fortified with innum erable authorities and decisions. Be fore the matter could come up, on motion of the plaintiff it was continu ued until the first day of the next term. Judgment has been rendered in the case of Carl Weise vs. August BBiey, an action brought by one partner agripst another to settle a dispute that had arisen between thei conse quest upon a dlssolutiop of partnes showing made the court found tha Brey was indebted to Weise in the sum of $267.68 and ordered a decree entered accordingly. An order was made yesterday grant ing a permanent injunction agains the defendant in the case of F. W Schauer vs. the Italian Ditch com pany. By this order the company ii perpetually, enjoined and prohibiter from allowing any of the waste water from its ditch to flow onto the lanm of the plaintiff. At last Sue Sung is free of his white wife, Lillian Moran Sung. Yesterday afternoon Judge Loud heard the mat ter on, plaintiff's proof. 'The answel filed when the action was begun had been withdrawn and Sue was permit ted to present his case. The testimon3 of himself and a fellow countrymar convinced the court that his allega tions of infidelity were well founded and he ordered a decree entered. Judge Loud rendered his decision last evening in the case of Rhead vs the Big Ditch company, an action foe breach of contract, tried earlier in the week. He found for the plaintiil ant awarded him $8$s, as the amount due him under the, terms of the con tract he had vith the company. Yesterday afternoon the court made an order discharging the order to show cause, made earlier in the term in the case of A. L. Thomas vs. W. D. Story and E. F. Luthye. He also de. nied plaintiff's motion for an injunc. tion. Thirty days were given the plaintiff in which to prepare, file and submit a bill of exceptions and by cpon sent-the defendants were granted un. til "July 1 to file their answer. The action was brought by Thomas against the defendanits for permitting some of their cattle to graze upon lands he has under fence, a portion of which is claimed to be illegally enclosed, being government land. A night session of court was held last night, in order that tlhe judge might clear the docket and leave for Forsyth, where court convenes today. Altogether 25 cases were disposed of during the term that ended last night. This is exclusive of the gamb lihg cases Irought to the attention of the court on informations' filed against the defendants. Last night Judge Loud ruled on the motion for a new trial made 'in the case of John Smith vs. the Northern Pacific Railway company. The motion was by the defendant and was allowed, which will bring the matter up for hearing again, probably at the next term of court, which is set to begin August 31. I LVt1Uuy dL ternnuI Juage LouO, III accordance with the provisions of the law, made the customary examination of the official bonds of W. O. Parker, S. K. Deverill and Charles Jacobs, the county commissioners. He found them satisfactory and ordered their approval. An order was made yesterday dis missing the action of O. D. French vs. J. R. Conway, the same having been settled out of court. West's full orchestra will give a social dance at Gruwell hall tomorrow (Saturday) night. Admission 50c. See McCormick's special millinery sale Saturday. North Real Estate, Loan & Title Co. buy, sell ,and exchange property. tf Natty, up-to-date street hats at $2, $2.50 and $3 at Donovan-McCormick Co.'s. For Sale. A good square Chickering piano. A bargain. Inquire at Gazette office. tf Wanted at Once. Gentleman to go viewing. Qppor tunity for good rustler to see country. Beats wages twice over. Gazette office. Free Homesteads of 160 Acres In Alberta, Canada; rich soil; am ple water; big crops; low taxes; range land leased 2 cents per acre; no taxes on live stock. Reduced passenger and freight rates and'liberal customs exemptions on my certificate. Send for atlas. WALTER MATHESON, Canadian Government Agent, Helena, Montana. We Are Here With the Goods. We have a large and complete stock of garden, flower, field and grass seeds, namely; alfalfa, millet, timothy, blue grass, clovers, red top, spring elub soft wheat, Scotch fife hird wheat, seed oats, rye, onion sets, po-. tatoe, .ec, at c order at ac4 sad be sure of gettqIg what you a#,h Va en - HE PLEADED TOO QUICKL CLIENT FORESTALLS HIS ATTQoW NEY AND COURT. CREATES A MILD SURPR While Attorney Is Asking for Tim;t Alex. Reilly Says He Wants No More. With the exception of that filed i against Claude Parker, all the infor mations filed in the alleged gambling cases were dismissed by Judge Loud;., Wednesday marning. The order of .ismissal was madei' on motlo , of the attorneys for the;' defendants, who contended that the: informations could not lie, being at.' variance with the facts alleged in·. the affidavits on which leave to enter- , them was granted :by the court. In all'; the affidavits it was set forth thaty the accused were guilty of conducting gambling games, while in the infor-< mations themselves, except that4 against Parker, they were charged ' with permitting gambling games to be: conducted in and about their prem ises.. In the case of the exceptlon the.l, affidavit and the information agreed.* Although he granted the motion for.' dismissing, Judge Loud declined to ;.. permit the cases to be returned to the' justice's court for preliminary hear ing. Instead he gave leave to the county attorney to file new informa tions against the defendants, thus , continuing their cases in- the 4ittrict '-1 court. The new informations were _ filed Wednesday and the defendants notified to be in court Thursday moi*i ing at 9 o'clock for arraignment. All were permitted. to go on their own recognizance. The men charged witn having trans gressed the laws for the promotion of good morals are, Alex. Reilly, Wil liam Conway, J. L. Fogg, George Wat- i kins, Jack Bain, Tony Minder, Henry C. Kerr, M. M. Martin, Adolph Schnei-, der, Jeff 2. Brewer and Walter O. '-" Lee. They Are Arraigned. Yesterday morning the respective defendants appeared in court and his honor announced that he was prepared to hear their pleas. To this response was made by the attorneys for the men that their clients were simply in court for ar raignment, a proceeding necessary before pleas in criminal cases can be heard. Judge Loud then set 2 o'clock in the afternoon for arraign ment to plead. Objection was made on the ground that it was depriving the defendants of their right, as the law gave them 24 hours in which to enter their pleas. The objections were overruled and exceptions noted, so as to lay the foundation for an appeal in case it was decided to take the matter to the supreme court on an appeal, should the final outcome warrant such a step. One Pleads Guilty. When 2 o'clock arrived the attor neys were on hand, but only one of the defendants was present. He was Alex. Reilly. H. A. Frith appeared as his counsel. Reilly's case was the lrst to be called and his lawyer asked the court's indulgence for a few min utes before entering formal plea, say ing some motions were to come up ,nd he desired to wait until they had been disposed of. Before the court could make reply ;he defendant himself arose and said ^ r ie did not want any more time, but' Bras ready to plead then and there, adding that he wanted to plead gutlit. the court seemingly did not hear al.i)ck" .at was said, for he then formal . isked the accused whether he w4i'r ;ilty or not guilty. To this the. d6 endant said he was guilty of hlu;if' ermitted gambling to be done on remises, but had not gamblei His plea was accepted and ,f the fact that it was, hba iearance in court, Judge Lout vould Impose the milnimum' owed under the law, $100 Without a word Lad I. a ila uiu ad u tJe r . m-~r~