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VOL. XIX. BILLINGS, YELLOWSTONE COUNTY. MONTANA, FRIDAY, MARCH 18, 1904. Billings Opera House MONDAY MAROH 21 JULE[S fMURRY RES NTS AMERICA'S FOREMOST ACTRESS GiOH LA N Ditect from Her Triumph at the Garden Theatre, New York, In STHE SREATEST ,THIN: IN THE WORLD AiIy thtd evry Mother and every Mother's Son should See I ." S: .50, L00, 75c, SOc. Yellowstone National. Bank BILLINOS CAPITAL. - $50,000 SURPLUS - $40,000 A. L. BABCOCK. Preaidest 'PBTER LARSON, Helens, Vice-Pres. P. B, CONNOLLY, Cashier B. H. HOLLISTBR. Ass't Cash DIRECTORS. PaZa LARSON Helena ED. CARDWELL, Da. H. E. ARMSTRONG F. B. CONNOLLY. A. L. BABCoaK. Boxes for Rent in Safety, Deposit Vault, neral Banking Business Stel Bxchange available in all the princi pal cities of the United States and Europe Collections promptly made and remit ted,for. Accounts of firms and individuals solic ited on the most favorable terms consis tent with safe and conservative banking. Yegen Bros. Savings Bank OF BILLINOS, .rtONTANA. Transact a General Banking Business. 'Administer Estates. Buy and Sell Real Batate and Live Stock. RpesnsibleCapital,$125,Ue Collect Rents " and Take Charge of Business Al. fairs for Non-Residents. IFRED IPABNIT, Cashier, SigsState Bank Capital Stock, $50,000.00 OPPFFICERS: *ul MeCormlok, President. U. G. Shorey, Vice-Prem. Charles 8pear, Cashler. John A. Hoyt, Teller. DIRECTORB: . O. Bostwick W. Hanssard, C. O. Gruwell, -- Paul XcCormick, A. Barth, B . hG. orey, Chs. Spes. sanqaot a General Bankinq Buslnea& GRUWELL BLOCK IZ4.INGS, . MIONTANA. ATTLE WANTED take a bunch of three or four hun head of stock cattle in exchange for . ae and paying property in Cody, arett :& Williams Ree' a kte., Leas and lautummate NEW CHARTER NOT CRANTED COUNCIL DENIES PETITION e9F MOFFETT COMPANY. TELEPHONE WAR IS CLOSED Rocky Mountain Bell People With draw Their Proposal for' Franchise Renewal. the present at least both tele companies will continue to operate under their old charters and should they decide that they want a renewal before the expiration of the franchises now held by them they will have tq petition the city council again. The request of the Montana & Wy oming company for a new charter was indefinitely postponed at Tuesday's meeting of the council. When the vote deciding the postponement was announced the Bell company, which had a petition ready for submission, withdrew its intended application and for the time being the "telephone war," as it has come to be known, became a closed incident, in the lan guage of the diplomats. Had Only Three Friends. Since the last meeting of the coun cil the petition of the Montana & Wyoming company had been amended so as to include an bifer of $500 a year to the city for the privilege of operating the company's system un der the proposed charter. As the franchise was asked for a period of 20 years, this would have resulted in the payment of a total sum of $10, 000. The company declined to accede to the minority report of the. ordi nance committee reducing the rental of 'phoned for resi dences to '$1.50 a month and adhered to its original proposition of $2 for such instruments. The ordinance committee reported favorably on the amended petition and recommended that it be granted. Alderman Bennighoff moved that the report be not accepted. Alderman Grein seconded the motion and the roll was called. It resulted in the following vote: Aye--Bennighoff, Berky, Grein, Sturm and Williams; no--Brewer, Bouton and Schmudlach. Having scored, Mr. Bennighoff now moved that further consideration of the company's petition be indefinitely postponed. The resulting vote was the same as on the first motion: Aye Bennighloff, Berky, Grein, Sturm and Williams; no-Bouton, Brewer and Schmudlach. Withdraws Its Petition. The Rocky Mountain Bell Telephone company was prepared to submit a direct proposal to the city as a basis for the renewal of the franchise that it desired. This company agreed to pay the same amount as a revenue to the city as was offered by the Moffett company. When the council decided not to grant the prayer of ite competi tor .the Bell company concluded that the necessity for action at that time had passed and withdraw its petition. . For Next Year. Being the last meeting of the fiscal year, the annual appropriation ordi nance for the ensuing year was in troduced, 6alaries were fixed as fol lows: Mayor, i120; treasurer,,400; at torney, $420; clerk, $420:~p ice mag istrate, $400; aldermen, eagch, $72; chief of police, $900; policemen, each, $900; two drivers of the fire depart ment, $2,040; chief of fire department, $1,200; janitor city hall, $900; weigh master, $300. The appropriations for the malnte nance of the different departments follow: ~Public library, $2,500; fire depart ment, $3,000; hydrant rental, $6,000; electrie lights, $5,000; streets and sidewalks, $8,000; fuel, stationery, pr'inting and incidental expenses, $1,000; 'bond interest and for the re dempt~ion of bond No. 6 of the refund i~g bonds, $2,140; interest on city hall bonds, $1,280; pdlice department, $5,400. The ordinance was adopted unani mously. IMut Keep to Alleys. She oadiannce regarlating the erec a previous session, came up for final disposition. It prevailed without a dissenting vote. Under the new provisions no tele phone or telegraph poles may be plant: ed" in any of the- streetp of the city. Hereafter all such pcles must.be erect ed in the alleys. Exoeption is made in favor of electric light 'poles. They may be placed in -the streets, wherever necessary, but under the directions of the street commissioner and city council. Fair Grounds Leased. After having been held in abeyance for some time, the matter of entering into a least with the Billings Fair association for the fair grounds, which recently came into the possession and ownership of the city, was taken up once more. Alderman Bennighoff moved that the city lease the grounds to the association for a period of five years at an annual rental of $1. The motion prevailed and the city clerk and attorney were instructed to prepare the necessary papers con firmatory of. the council's action. Damage Claim Rejected. ,City Attorney Matheson submitted his opinion to the council in the mat ter of the claim .of Peter Larson for personal injuries alleged to have been sustained in consequence of the city's negligence in the matter of keeping the streets free of obstructions. SSome time ago Mr. Larson present oid- abill in which he demanded the s·ai of $575.35 to compensate him for ijury to his person and "mind and t: znmburse him for money paid for Milt aid and medicines. He claim . while riding on the running his wagon his foot had be entangled in a wire that was in the ground. He maintained as the city's duty to see that tbgs did not occur and because 4 l swe of the city's servants to pro r~Peform their functions he be t. --- e city should honor his claim. j.*hetopinion of Mr. Matheson the O.i 8noet liable. He holds that it ha not bseen shown that the obstruc ticat- onlplaiaed of was in the road bed of ' i street and also cited de. eisiens.'e'the 'supreme court adverse to the Larson claim, inasmuch as the claimant had not proceeded in a regu lar manner to lay a foundation for any claim that he might have. The report was adopted. Miscellaneous. A retail liquor license was ordered issued to Gray & Dalton, the bond they submitted having been approved. Isaac Sinclair and others asked for the construction of certain crosswalks on the south side. The petition was referred to the street and alley com ,mittee. The committee made a fav orable report and the petition was granted. -avorable action was had on the proposal of P. B. Moss, tendered at a previous session, to convey to the city lots 23 and 24, block 51, for use as a park, conditional upon the city's assumption of a small indebtedness contracted by the original holdet. This was a balance of $102 for con structing a sidewalk in front of the lots. Mr. Moss showed that he had paid considerably in excess of this amount for cement walks in front of the lots. The ground is so situated that it will answer in admirable man ner the purpose for which it is intend ed now to be put. Complaint having been made that certain closets in the L. & L. building in Minnesota avenue had become a nuisance and menace to public health, Alderman Uennighof -moved that the nuisance 'so created be abated at once. Carried. Tlhe 4diffrent city officers submit ted their reports for February. They were referred to the respective com. mittees. - 'ive hundred dollars was transfer red from the general to the street fund, and the usual number of bills were allowed. , MILLINERY OPENING. March 22 and 23. g.At the store formerly occupied _by 'ies Burns, on the south aide. Iiess Howe will make her tirst dis play of smart street hats, swell and artistic dress hats, neat and service able ready-to-wear hats. A cordial invitation is extended to all to visit the little store and inspeet mone of the most up-to-date stocks ever shown in the city. Cheap rent makes low prices for most desirable goods. For Sale. Or exchange for cattle, 80 acres, .*th good water right, 3 miles from Jolet. - re: s - L 2± DUTLY FOR THE COUNTY 1FRIAL OF QUARNBERG PROVES EAPENSIVE MATTER. IT T BE TRIED AGAIN Second Jury Fails to Agree and Case Goes Over Once More-Wit ness Has Good Thing. Two attempts have been made by the state to secure a conviction of Carl Quarnberg on the charge of grand larqeny. Neither has been suc oesdstl. and most likely 'a third ef fort 'll .e made. In each instance the jury ti'led to agree. The las " mistrial occurred Wednes day, whet the jury, which had been out all n ht, informed Judge Loud that therg was no possibility of an agreement This was in answer to interroga ries by the court, who caused t] jurors to appear before him Wed esday morning. An order for the. discharge of the jurors was made and the defendant was held on his old b nds. If the case is to be trie4 agaij it will probably come up the first ay of the ensuing term. Itt Costs Money. While te value of th@ property al leged to save been stdlen by Quarn berg, a $,oncho mare and her colt, is practially infinitesimal, the cost to the county of the several trials will be heavy.' Ten witnesses were call ed, and tstifed for the prosecution in the Ia t trial. The names of 19 more had: been endorsed on the infor mation, but they were not called up. oun t i. T he.. he ere is the ex pen ei jury, also a donsiderable item. There is probably one man who does not care how often the matter comes up. In the vernacular of the street he has "a good thing" in being a witness for the defense. His name is Oscar Benson and he resides at Plains, in the extreme western part of the state. Through an error made at the former trial in computing his mileage he was allowed to collect from the state line, when in reality Plains is a considerable distance this side of the line. For the distance credited to him he collected $128 mile age each time. In addition to this the last time he also drew per diem for two days, making $6 more, in al $134. And then he didn't testify. Benson was summoned by telegraph and made a rush trip to Billings. Af ter the state had presented its case the defense concluded not to introduce any testimony and permitted the mat ter to go to the jury on the showing of facts made by the prosecution. This was not the fault of Benson, and he was entitled to his mileage and fees. State vs. Ditmer. After the discharge of the jury in the Quariberg case the county attor cey moved trial of the matter of'State vs. Willis Ditmer, charged with ob taining goods -under (alse pretense. The regular panel was exhausted without a jury having been secured and a special venire was issued. Twelve men we/fi nally, secured e1i. gible to sit on the ease. These were sworn to try the matter: J. M. Bal low, John R. Conway, A. H. Martin, Arthur O'Donnell, George Spenddi.f, G. A. Rogers, Henry Disch, Frank Kinney, Frank Carleton, Mark New man, T. E. Gay and D). W. Dederick. In the information it is alleged that defendant by falsely representing to be the owner of a stoc of merchan., dise and other property at 'Shell, Wyo., un.ncumbermed, he induced the Dono van-McCormiok company to sell him goods to the amount of something over $1;Q00. Instead of his holdings be ing free of incumbrances it is claimed by the prosecution that they were cov ered by a nortgage. O. F. Goddard assisted the coun ty. attorney tp the 'prosecution. F. BIClathhor. and W. :M. Johnston ap, peared for the defense. Before the actual. hearin* began a, i'Vely little tilt occurred between the lawyers for the fespeotive sides. 'Lve of court was asked to egdor.e the name of H. -. H ill on t.e inf.r mato it ippearing that ti, adl - b k .ad4 and the s:l~in t ad. it was desired that 111t should testi fy in regard to certain facts. The defense resisted the motion and lengthy; argnssents ensued. A recess was taken. ffO"10 minutes, after which the contebtifi was resumed. The court allowdd the motion and the defense were given time to file a bill of exceptions. The case' cam..toia abrupt ending after the prcseruttoii had presented its side. W. F;.i tvester, John Al len, C. C. Blak- .Bimuel L. Doughty apd H. L. ,Wilrk I er examined in ,behalf of the st~i At the conclusion of their testi-uis he attorneys for the defenie m'a 0the court to in struct the jurytO6return a verdict of not guilty. The court ganibed the motion and by its foreman, Frank Carleton, the jury found ag instructed, Killed is Stock. As soon as the Ditmer case had been disposed of that of A. G. Rich vs. the Northern Pacflc R$ailway company was called. In this action plaintiff demanded Judgmeit for the value of s bull and a ca * li he alleged were killed by a tiýW lotging to defend ant because 4If.iligence to provide a proper, cattlei-guard at a public crossing. Thkebll was run over July 29, 1903, and is 'said to have been worth $50. ' ea iif met the same -ate August $34,903, and its owner valued it at 1 In addition he also asked $25 aas Sbrney fees and costs of action. -' 7defective guard al leged is lo bout two miles and a half west Rurel. Only a sb e was consumed in securing a d the following were sworn to tS"~ cause: F. N. Wil son, L. A.i ng, John Chandler, Arthur VO'dfilU, J. M. Ballow, Her man Becr a . Claflin, Mark New man, T. , Frank Kinney, Wil liam Bant% ' C. F. Burton. ad court ." ....... .......... This hearing was resumed to the C)alling and polling the jury. 1 4I had answered to their nai38 attorney for the rail road com pah made a written offer to the ~ 1iff to compromise the matter. proposal was accepted and the defendant agreed to pay $50, the value placed on the bull. The tender was submitted under a new law peased at the last session of the leg islature and its acceptance released the company from the payment of the costs and attorney fees demand ed by defendant. He gets nothing for the calf. Court Notes. Herman Beacraft and T. E. Gay, two jurors, were excused this morn ing. from further attendance. It was on their own motion. J. H. Gose, attorney for the plain tif in the case of Harry Byers vs. the Northern Pacific Railway company, an action for damages alleged to have been sustained by the killing of stock belonging to 'the plaintiff, made a motion for a continuance. In support he offered an affidavit by Doctor W. W. Andrus of. Miles City setting forth that sickness was the reason for ask ing a continuance. The court grant ed the motion upon plaintiff's agree ment to pay the actual, ,reasonable exp.nies incurred by defendant in preparing for trial, the amount to be determined by the court. By consent 20 days wer. allowed to make answer to the rei to the complaint submitted& .i ae of Joseph Parque vs9.-Cº' Harts horn. NEW BUILDING SOCIETY. OrganIzed by a Number of Prominent B(ineas Men of City. A new building and loan society mder the name of the Billings Build ag nad Loan association has been auncohed In the city. A meeting of hose interested in the formation or the organization was held a few days ago and resulted in the following gen tlemen being named as the board of directors: Charles Spear, S. W. Soule, H. M. Allen, Judge J. R. Goes, F. B. C-onnelly, J. W. 91ish, F. J. Mashaw, A. P. Hart and James Chapple. Judge Gos was also elected attorney for the asesotatiaon. wrom the directors the following oficere were chosen: President, Ohms lee speesr vice-president, H. M. Al len; ee ,etar. Benry White; treas urer, Joha A. Hoi9t. The asaesolaon is formed to a great extent on what is known as the "Day on pli," said to be the most suc cessful Wy ~ ft handling the busihese of that clas of orgesidztseis. Begin Now. Biliuagit Biusiness VoCe Orew. RUSHER NOT YET TAPPED SENATOR GRUWELL RETURNS FROM NORTHERN OIL FIELDS. PRJBPECT IS A o0000 ONE Seventy Feet of Petroleum Standing in Company's Well-No Indi cation of Cap Rcck. To those who accepted as true the sensational stories sent out by the . Great Falls correspondents concerns ing the alleged tapping of a "gushe,'i in the Swift Current River ob ..e-ll' the report brought back by Senatos Gruwell, one of the principal stoc holders in the company, must come Ia' the nature of a disappointment. O ' the strength of the news wired from Great lhils and the letters he re ceived he left here a day or. two after }h their receipt to make a personal in- `r * vestigation. Gives Real Facts. (Mr. Gruwell returns with a better opinion than ever of the property andl is convinced that it is only a questio.: of time and further 'development worki: until the company will be the posses, sor of one of the most valuable oil properties in the country, but says that present conditions do not warrant the highly colored reports that have been put in circulation. To The Ga zette Mr. Gruwell made a stategient yesterday, a few hourq after f]is ;:' turn. 'He said that, when he ,r , "'` at the Well he found that oil isd 'beg struct and by actual, measurement at stood in the .hole to a depth ok 70 feet. How much higher it would have risen had proper 'caret e . *exetieoed in drilling he was not prepared to say. Instead of following. up the drill with the casing, as should have'be:'; done, the senator said for a distance of 75 feet from the surface the well had not been secured and as a result the ground had caved in, filling the hole with earth. This had to be res. moved, after which the depth of oil in the well was ascertained. When he left the well was between 300 and 400 feet deep, with no indi-, cation of being near the cap rock, a formation that always overlies the oil stratum. The fact that oil, was struck before the cap was reached is accepted as undoubted evidence of the q " existence of a large body underneath and as soon as this is tapped a lowing well may be 'looked for, but not rea, sonably before. Some Bad Luck. In its operations the company has been unfortunate in several respects. Reliance had to be placed upon the . . z'i'; man employed to superintend boring operations. While he represented himself as being an expert. and quali. fled in every way, Mr. Gruwell says he fell short of expectations. Because of blunders made one hole had to be abandoned after it had reached a considerable depth. A new one was started within a dozen feet or so of the first and because of negligence or i g norance the cave-in already mention ed followed. Bad weather has also interfered materially with work, as the snow in that region has been ex ceseively deep, waile the cold Lha also been extreme. When Mr. Gru well left, which was a number of days ago, matters were at a standstill and he could not say when boring would be resumed. Tihe return trip was a hard one and rmuch inconvenience was experienced. Because of a blockade at the western end of the Great 'Northenrlana lack of accommodations at tche iae ewhere he struck (that road the gentleman took a westbound train and went as far as Kalispell, tb ing he might get out. There he i delayed again and after many othaie.daes and hard ships fnalliy nsatiged to get back. In one stage of his 3ruarney two days were consumed in going four miles, by team,. -beelose the railroad was.. , reached.. MEr. Gruwell trsht back wi4la a large $uusg' aled iith oi faow tb well, which he hase sced on exhibi tion 1i W. B. George's store For Sale.