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Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, May 22, 1899, Image 8

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85053057/1899-05-22/ed-1/seq-8/

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Should you desire an office, a., store or
• residence, it will not be necessary to
iiunt around town until you can And it.
Just come to use and we will fix you up.
$1,000 Buys a 4-Room
House. A Snap--for this
week only.
Do you want any mining or concen
trating machinery? We have on hand
one complete concentrator, three second
hand boilers, two 10 and 5-stamp mills,
several pumps, a lot of planing mill ma
chinery, including planers and shapers.
6-room brick, East Side ............$27 50
4-room frame, South ..............13 50
6-room frame, South ............... 13 50
6-room brick, South Butte ......... 15 00
8-room frame. South Butte ..........10 OO
1 corner store, South Wyoming .... 50 00
Real Estate
Fire Insurance
(JO. 48 Proadwÿ
Not for several years have we
Jiad such a demand for Brace
lets as we have had this spring.
Notwithstanding we sell so
many Nethersoles, there are
many customers who prefer the
chain bracelet. We have just
opened a new lot of them in
Sterling Silver and Homan Gold
Rolled Plate. They come in all
widths and sizes and range in
value from $1.50 to $8.00 each.
Some that are ornamented with
stones are particularly pretty.
These goods are usually worn
singly but of course we shall
not object to selling a pair.
Cor. Kain and Broidway
: to
The B. & M. Company Wins
The First Fall
the Answer of His Wife-Slept
Well and Walked
Judge Clancy entered his department
of the district court this morning with the
expectation that the injunction suit of the
Montana Ore Purchasing company
r. , r „ ...
against the Boston & Montana companj,
an action to decide title to the veins of
the Pennsylvania mine which it is alleged
have their apex in Johnstown ground,
would be tried, but he encountered dis
appointment, as neither side was ready
to proceed. Attorneys for the plaintiff
opened by stating that in view of the
fact that two or three criminal cases had
been set for trial ahead of their suit they
had not completed all necessary prepara
tion to take the matter up today, but
might be ready in three or four days. The
defense also said it was not ready and
probably would not be for a week.
The court intimated that delay was
sometimes the result of an understand
ing between sides, whereupon the plain
tiff announced its readiness to press the
button. The judge argued the point with
both sides and among other things called
their attention to the fact that the jury
would not have anything much to do if
the case was not taken up. He also said
it was not good to permit such delays
after cases had been set. It reminded him
of the capers of a cantankerous boy in
school—if the master allowed him to
carve the Dutch roll or some other equal
ly difficult feat on the ''escutcheon of the
fair name" of the temple of scholastic
learning the example would be so bad
that in a short time the others would be
right in line with the Dutch roller. He
requested that an application for a con
tinuance be made in writing, and the de
fense prepared one without further de
lay. Two affidavits in support of it were
submitted, one by C. S. Batterman and
the other by E. E. Chase. In his docu
ment Mr. Batterman stated that develop
ment work necessary to show that which
his side desired to prove was being done
and it would take more time to com
plete it. He thought that under the cir
cumstances it would not be safe for the
defendant to go to trial at present. He
had understood that the controversy was
over veins No. 3 and 7 of the Pennsyl
vania, but later on learned different.
E. E. Chase stated in his affidavit that
the defendant expected to show by de
velopment work being done that the veins
of the Pennsylvania apexed south of the
ground claimed by the plaintiff. He
thought the defendant would be ready to
proceed with the trial in about sixty days.
Both affidavits stated it had been their
belief that the trial involving Michael
Davitt ground would come up first and
development work therein had been rush
ed to the delay of work in the Pennsyl
Attorney John Forbis, one of the at
torneys representing the defendant, read
the affidavits and then gave the court an
oral history of the action. He said it had
been instituted in April of last year aftd
was originally an action of law to recover;
judgment for $100,000 damages for ore
alleged to have been taken from the veins
claimed by the plaintiff and to secure an
order for a temporary injunction to pre
vent the defendant from prosecuting fur
ther the work in the property in ques
tion. The district court, he said, had
granted the injunction, but the matter
had been appealed to the supreme court
with the result that the latter body de
cided there was no ground upon which
to base the maintenance of the order.
Afterwards the plaintiff had dismissed
the law action without defendant's
knowledge and asked the lower court to |
try the matter as an equitable action. As !
the suit involving the Michael Davitt had I
been set for trial first, the defendant had
performed its work in that claim in order
to demonstrate the sincerity of its pro
fessions- in regard to the course of the
j ore bodies it contained. The present
move, lie said, was extraordinary and the
defendant had been taken by surprise.
; John J. MeHatton acted as spokesman
for the other side and explained its posi
tion. He said they were not ready to go
: to trial. He did not care what Mr. Bat
terman had understood in regard to the
trial of th-- case or the particular ground
in controversy. Mr. Chase had about a
: year and a half ago, gone into the United
States court with an affidavit in which
! he alleged that the defendant would be
ready for trial a few months later. The
plaintiff had set up its claim in the
i United States court over two years ago
1 and should have its title to the property
in controversy quieted as soon as pos
sible. He asked to be given until 2
o clock to prepare and present counter
affidavits to offset the contents of thos^
submitted by Messrs. Batterman and
Mr. Forbis fought against the proposed
counter affidavits and his argument had
weight enough to convince the judge that
it would he right for him to grant the
application for a postponement; and it
was done, July 24 being set as the date
for trial.
As the case is one in which it will be
necessary for each side to thoroughly
analyze every particle of the ground in
question, together with its dips, spurs,
: angles, and then make comparisons be
tween the substance and general charac
teristics of the mines of Butte and those
of other sections, at least two or three
, wçeks will pe consumed jg its hearing
when once it is commenced.
I John R. Bordeaux has filed in the dis
trict court' â reply to the answer made
! by his wife, Ella F. Bordeaux, to the
amended complaint submitted^ by Ivi'rtl to
the court a short time ago In the suit for
, divorce in which he is plaintiff and she
! the defendant. He denies all the a Mega
liions of alleged cruelty on his part, and
adds that he did not desert her or cause
her to leave his bed and board. Referring
to her relations with Lynjan A, sTsley, he
says he kindly and considerately endeav
or^ to dissuade Jiçr from keeping his
company, but failed to accomplish his ob
ject; that by her lascivious and unchaste
conduct she has rorrelted the respect of
the good people of Butte. He also says
UbUiar JBÄJ'C than a year prior to Jan
pâry 26, 1898, onwhfch date shç deserted
him, she refused to occupy* thé same
apartment for sleeping purposes that he
did, but on the contrary slept in another
room and bed. He denies the allegation
that she was rendered nervous and un
able to sleep by his alleged acts of cruel
ty, and maintains that she was a good
sleeper and remained In bed until 11, 12
and 1 o'clock each day. He also says that
her allegation of alleged Illness on ac
count of alleged overt acts of his to
wards her is not true, for she was always
well and able to walk for hours with Ly
man A. Sisley.
The attorney for Phillip B. C. Goodwin
has filed in ■ the district court a petition
for the appointment of a receiver for the
property business of Charles and Bernard
Quinn. Mr. Goodwin is a nephew of the
Quinns and is special administrator of
the the estate left by Charles Quinn, who died
the ! in this city several months ago. Owing
! ^ fact that the brothers had entered
i mto a compact regarding the disposition
of their property afteI . one or the other
died, the matter has become complicated
and the courts have been called upon to
straighten it out. The heirs are after
their share of t'he property. The petition
will be heard some time this week.
Dr. Donald Campbell has been made the
defendant in a suit for $15.360 brought by
Ennis Bell and Parenthia Bell. Plaintiff's
I allege in their complaint that on October
IS, 1898. they were engaged in ths busi
ness of hair dressing and that while thus
employed Mrs. Bell fractured the bones
of her right leg; that the defendant treat
ed her until December 15 when he dis
continued. and as a result her leg became
useless. Judgment for general damages
to the amount of $10,000 is demanded;
the balance is alleged to represent money
lost by not being able to attend to busi
Henry M. Maser has brought suit
against, the Gillette Herzog Manufactur
ing company to recover judgment for $10,
000. in which amount he alleges he has
been damaged by falling into a basement
Jtire 25 of last year. In his complaint he
alleges that on the date mentioned hp
was employed by the defendant at the
TIennc=sy building and while pursuing
•his duties he- was participated into the
basement from a scaffolding 70 feet above;
that by reason of the fall he was ser
iously injured, his skull being fractured
in three places, his face disfigured, the
fleshy part of his chin ruptured and his
ri S*|t leg hu-t. He further alleges that the
evident was due to the negligence of the
defend,an*. Tn addition to the sum nam
ed. he asks for $?0O to compensate him for
time lost while he was laid up.
Dr. Rinehart, dentist, nennessy block.
Two men, one a member of the Salva
tion Army and the other a rancher, nei
! ther of whom would give their name® to
j the police. c-aJeid at the city jail about
j midnight last night and stated that they
! had been, compelled to stand and deliver
by two masked highwaymen, near the
corner of Wyoming and Gold streets.
The robbers were masked. The Sal
vation Army man was alone when con
fronted by them. One presented a re
volver and kept him covered while the
other went through his pockets and took
his money, about $7, and a gold filled
When the robbers had finished the Sali
vation Army man the ranchman hap
pened along. He was put througli a sim
ilar course of sprouts. From him the
robbers took $5. The victims were then
directed to go up town and to move fast,
which they did.
All women know Seguro cures all
female troubles. $500.00 reward for any
case of leucorrhoea we can't cure. Price
*1.50 ner box. Seguro Manufacturing
Co.. 12 and 14 Weyerhorst block, corner
Galena and Idaho street. Postoffice box
984, Butte, Mont.
Of large pipe in the streets of Butte and
forty miles in house connections. Ten
years' service and every piece perfect Is
the best recommendation for our sewer
Gold fillings. Lowest rates. Dr. Wix.
GOOD BUYING from anxious sellers
enables us to place before you such food
bargains as tlwse:
STRICTLY FRESH EGGS 2 dozen ......
small, per Ih ............................
lot every day, each .....................
TEC LA, MOCHA & JAVA just in, guar
antied to please you, or your money
back, per Ih ...........................
GRAPE-NUTS a f ood
nerves, 1 Ih package ..
for brains and
is the best per 50 Ih sack ..............
135W. Broadway
Tel. 359. Prompt Delivery.
Citizens Protest Against Water
Company's Plans.
Consider it a Menace to People and
Property, and Will Not Per
mit Its Construction.
The citizens of Walkervllle, in a largely
attended mass meeting, held Saturday
evening, protested vigorously against the
construction of a reservoir, by the Butte
Water company, in the gulch above the
hill city. The meeting was very gener
ally attended and the sentiment express
ed was decidedly one sided, and a com
mittee, composed of Walkerville's repre
sentative citizens, was appointed to work
with the city council, to take the neces
sary legal steps to prevent the carryin,
out of the water company's plans.
The meeting was called to order by At
torney Charles O'Donnell, who stated its
purpose. He said Mayor J. C. Briney had
deemed it expedient to Issue an official
call for the meeting for the purpose of
crystalizing public sentiment against a
project which was a menace to Walker
ville. He asked for nominations for
chairman and secretary. Alderman Sims
was chosen to preside and O. M. Lewis
elected secretary. The water company
was represented by its general manager,
Eugene Carroll.
Joeph Annear was the first speaker. He
said he had long been a resident of Walk
erville, and owned considerable property
on the east and west side of Main street
near the mouth of the gulch in which the
water company proposed to construct the
reservoir. He was of the opinion that
this property would not be worth one
half its present valuation if the water
company was allowed to carry out Its
present plans. He further said he was
â mechanic and knew how such reser
voirs were constructed, and no matter
how strongly it was built the lives of the
people below It would be endangered and
property values depreciated because of
its construction. He desired to be put on
record as emphatically opposed to the
reservoir plan.
Joseph Broughton said that while he
owned no property along the gulch in
which the company proposed to construct
its reservoir he had the interests of the
citizens of Walkervllle at heart and wish
ed his voice recorded as against the
Mayor J. C. Briney then addressed the
assembly. He stated that about 10 days
ago Attorney J. B. Wellcome and Eugene
Carroll interviewed the members of the
city council with reference to the pro
posed reservoir. They submitted maps
and plans of the reservoir but did not ask
permission of the council to begin the
work of the construction. He said he
was opposed to the building of the reser
voir, and would endeavor to see that the
will of the people of Walkerville was
carried out.
The principal speech of the evening was
made by Charles O'Donnell, who went
over the ground thoroughly. He said his
daughter owned several buildings in the
gulch below the reservoir site, and aside
from this, as an old-time resident
of Walkervllle he was opposed to
anything tending to depreciate the
value of the holdings of his fel
low citizens, or was in any way a
menace to the lives of people residing
below the reservoir. He was of the opin
ion that if the reservoir was built prop
Blocked up every passage. Just room enough left at our salesroom fof a sample
each of the 96 kinds of correctly designed, lasting finished, Chairs and Rockers. Be
seated Just long enough to read a few price inducements made to clear the blockade
A Big, easy, arm catio seat Rocker, clean, bright
antique finish.........................
Priea $2 50
A solid oak, golden finish, cobbler Leather Seat
Rocker .....................
Only $3.00
A specially handsome quarter-sawed, golden
oak Rocker, built up comfort seat, polish fin
ish, very lasty...............................
The Price $6.50
Worth considering, at prices you might make a
trip around the world without heating.
Granite Carpet— Warranted to stand the tost
Oi time; known as the poor man's friend.
Everyboily's 50c quality. 0*7 A O i
This week for...;........ 0/ 1-ZCyQ
Ingrain Carpet— All Wool; ev- cn j
eryhoily's (i5c quality for......... ÜUÜ
Brussels Carpet—Everybody's
75c grade for................
50c yd
1.00 yd
\A7 H Y ? Because all assertions to the con*
TT i « trary notwithstanding, wo sol*
three var.is of carpet where any other house i"
the city sells one.
Wilton Velvet Carpets—Sv-(h/I AA j
eryhody's $1.50 grade for....... q) 1 .UU Jr CL
Shop with ua by Mail and we are as Near You as Your Postoffiee
Just received four carloads of carriages,
It you want the best or something stj'li^h
and durable call and inspect my stock
erty below it would not be worth 25 per
cent of its present valuation. He called
attention to the fact thft the road lead
If? the Cora mine had been a public
highway many years, and said the water
company had no right to build the reser
voir across this highway without author
ity from those in charge of pub
lic affairs to do so, and he
hoped this consent would not be
given. He said many poor people had
invested their earnings in homes on the
north and south side of the gulch, and
these people were in dread and fear and
would willingly sell their homes at much
lese than they coat them because of the
proposed construction of the reservoir,
which, when completed, would be a con
stant menace to their lives. The action
of the water company, he said, was un
precedented. He considered it an out
rage for the water company to come with
in the boundaries of the city, and without
consent, to build a reservoir. It was the
duty of every citizen of Walkerville to
use every possible means to defeat the
project. From the standpoint of danger
the lives of probably 1,000 people living
as far down the gulch as Park street,
would be threatened. "I am very glad,"
said Mr. O'Donnell, "to see Mr. Carroll,
the manager of the water company, here.
He can appreciate how the people of
Walkervile feel in regard to this matter,
and see how earnest they are in their
protestation. As a lawyer I promise my
fellow citizens to do what I can to balk
the water company In this matter. First
we will resort to civil law, then criminal
law, and then If the courts fail to give us
justice, we will go to the water company
and order them to remove their ma
chinery, bag and baggage, from the
premises." Then pointing to Mr. Carroll
the speaker said "I warn you; you will
never fill that reservoir with water. The
people of Walkerville will not permit it.
Beneath the site is a honeycomb of mine
workings and the danger would be such
that the residents of Walkervllle could
not afford to allow the reservoir to be ■
Other speeches were made by Alfred,
Johns, John Rundle, I. Trevarthen, J. M. 1
Lewis, J. R. Clinton and others, and the
position taken by Chancellor O'Donnell
was endorsed thoroughly. There was no
division of sentiment—the speakers were
a unit against the reservoir scheme. j
Mr. O'Donnell then moved that a com
mittee of five be appointed by Mayor
Briney, to act in conjunction with the
mayor and city council, and to take all
legal steps necessary to prevent construc
tion of the reservoir. The motion was
seconded by J. M. Lewis and prevailed by !
unanimous vote.
The mayor appointed as such committee
Charles O'Donnell, Joseph Annear, Joseph '
Broughton, Alfred Johns and County
Commissioner Ed Mathews. * j
Mr. Carroll then addressed the meeting
briefly. He stated that the company
could secure no other site of sufficient
heighth to force the water to the Ana
conda hoists. He assured the citizens of
Walkervllle that the company desired to
make the reservoir safe, and to this end
would suggest that the city council select
some competent engineer to look after
the interests of Walkervllle, and see that
the work was not faulty, and the water
company would pay the bill.
However, Mr. Carroll's remarks did not
seem to have much effect, as far as
changing the sentiment of the meeting
was concerned. The meeting then ad
Specify Rickerton's mortar colors. They
never fade. We have red, brown, buff
and black.
Dr. Rinehart pulls teeth, no pain. I
Standard Carriage Works
237 S. Main St., Butte
Stages for Crystal Springs and Lynn«
dale will leave Club Stables. West Gran
ue street Stages leave stables for Lynn*
dale 10 a. m., and 2 p. m. Stages leave
Lynndale returning 12 noon and 7 p. tn.
Stages leave stables for Crystal Springe
10 a. m., 2 p. m., and 8:15 p. m. Leave
Crystal Springs returning 12 noon, 5 p.
m., and 10:30 p. m. Fare 25 cents each
Gold crowns. Dentist Rinehart.
Repsold select vintage wines, marvels
of delicacy and fragrance. P. J. Brophy;
& Co., sole agents, Butte.
For Berries.
SUGAR is far ahead of the regular
Powdered Sugar for berries, as it
never gets lumpy.
This Sugar generally sells at 15c
a pound, but we make a special
price of......................
price, pound .......................
We always have the nicest Berries
in town.
■MINCE MEAT — One package
makes two large pies; package..
FINE PUMPKIN—3-pound cans;
special .....................
gallon can, special ................
PITTED PLUMS—2 pounds........
BERRIES—2 pounds .............
—2 pounds .........................
' 25c
FRESH RHUBARB-pound .......
FANCY LEMONS—dozen ........
NEW POTATOES—pound .......
New Tuifnlps, Carrots, Beets,
Onions, Radishes, Lettuce, Spinach
Asparagus, Etc., Etc.
Park Street Store, Telephone No. 68
West Side Store, Telephone No. 60
Lutey Bros
47—W. Park St.—47
Telephone 68.
Prompt Delivery. Mall Or
ders Solicited.

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