Big Hole Breezes (Jackson, Mont.) 1898-1915, July 11, 1913, Image 1

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Largest Circulation o Best Advertising Medium In The Valley □ FUK m v IM q ftd • BN f ^ X b t - Bi( HoUBuin Volume 15. WISDOM, MONTANA., FRIDAY, JULY 11.1013. Number 31 Popular Talks On The Law Assaults and Batteries—One of a Series of Articles Appear­ ing in This Paper {By Walter K. Towers, A. B., J. D. of the Michigan bar.] Many are the happenings of every­ day life that might, under strict rules of law, be held to be assault and battery, if the person involved chose to bring the matter to the attention of a court. Enough arc taken up by aggrieved parties, who choose to press their claims before the law, to make action for assault and battery frequent indeed. So, an action for assault and battery is likely to happen within the exp­ erience of any of us. The victim of more than one “practical joke’’ has failed to view the matter as a “joke\ and recovered damages aga­ inst the joker, whom the law held to tie guilty of an assault and batt­ ery Not infrequetly an angry assailant, though he fails to reach the man upon whom he would vent his wrath, finds that he must pay damages to the person whom he failed to touch, because he has com­ mitted a technical assault So, too, the fist fight of ancient origin brings forth an action for assault and battery-civil or criminal A criminal action is one under­ taken by ihe public prosecutor— though possibly at the instance of the aggrieved party —to punish tt^e offender for his affront to the peace and dignity of the state in creat­ ing a disturbance. The action is taken in the name of the state, and ff the offende is found guilty the result is punishment—a fine, which the state receives, or imprisonment The civil action, on the other hand, is a private action taken by the ag­ grieved party, in which he moves in his own name by his own attor- This Paper WUI do j t Do you wish somethii enjoy, That tends to banish which annoy, That will make you glad much stronger And make you you thii to live longer, Heighten your bliss and lessen your woes, And make you friends out of all your foes ? We have it sure, be wise and secure it; We ,re positive, friends, our paper will do it you want Nation’s Birthday In the Big Hole In Perfect Weather Wisdom and Jackson En­ tertain Hundreds of Happy Guests Dur­ ing the day The words or circumstances ac­ companying a threatening gesture m a\ be such as to show to a rea­ sonable person that no harm is im­ minent The man who says, “If I were not in my Sunday suit I would lick you,’’ and shakes his fist, is rtot guilty of an assault. His words deny the implication of an immediate threat Neither do preparations to commit an assault amount to an assault To amount to assault there must be some phys­ ical effort to carry the attack into effect In a ease where one man was held liable for shooting a gun in the direction of others, “as a joke,\ as he explained it, the judge said “Those who shoot at their friends for amusement ought to warn them first that it is mere sport ” Battery is added to assault when the assailant so far accomplishes his purpose as to reach the person of the victim. To touch another in anger, though in the slightest degree, or to use violence against another to rudely force a passage, is, in law, a battery If one strikes another with hostile attitude, tho it be but the weight of his little finger, it is as truly a battery as though he struck him a dozen blows with great force. Many are the instances of as- ncy If he is successful he recov- sault and battery If one strikes eers damages to recompense him j another in anger the case is clear, for the injuries he has suffered, and . ^ ne wh° rudely and unnecessarily these are paid to him. The same jostles another is guilty of assault fist fight may lie 1 noth a crime and battery. The party jostled, against the slate and a private may, if he desires, sue in civil ae- wrong against the individual. The rion for assault and battery, and state may punish the aggressor for recover damages. An overseer of his crime, and the private citizen Poor who cut the hair of an inmate also bring a separate and distinct! °f the Poor farm, contrary to his private suit in his own behalf to J w'h> was held liable as for assault recover damages. The grounds of an^ battery, criminal liaqility arc not dissimilar, j The body of the person assault- in most states. jed need not be touched in order to Though generally used together assault and battery are two dis­ tinct thing. There may be an as­ sault without any battery. Thus Mortin was walking along the foot­ path, when Shoppee, who had threatened him in the past, came riding from behind, mounted on his horse. Shoppee rode straight at Mortin in a most threatening manner, and Mortin, by desperate running, just managed to keep ahead until he could turn into the garden gate. Mortin sued Shoppee for assault and recovered, although he had not been touched. A frequent instants of assault is where one man starts in the direc­ tion of another shaking iris fists with every apparent intent of at­ tacking him, but is checked and held by bystanders. This action amounts to an assault in law and the person against whom the at­ tack was directed may bring dv2 scot and recover damages. The damages, however, will only be nosxaaL , Peititii^aliMdedrePcimrt aa- cQw.crmaling* hostile dtsne®- constitute a battery. It is enough that the clothing be touched. If you knock a man's hat off you have committed a battery. That it was intended as a joke is no de­ fense if the person injured did not willinglp submit to the joke and does not choose to treat the matter as a joke. An assault and battery may be committed by touching that which supports a person, as well as his bqdy or clothing. If you pull the chair from beneath a man, it is an assault and battery. If you drive a wagon against the buggy in which he is riding, hostilely and unneces­ sarily, that is an assault and bat­ tery. A Consideration of the cases in which the person attacked has con­ sented, or where the a tta ck is jus tified by authority, or as a defense of self, family or property, most be postponed tttftS the n e tt article of this series. (Copyright 1913, by Walter K. Towers.) t While not as largely attended a: those of previous years, the celc bration of Friday, July 4, 1913, was one of the days never to bi forgotten m the gala record of the Big Hole basin. Weather condi­ tions were perfect and so was the temperament of the merrymakers There was little drunkenness and no rowdyism Ranchers and their families came for a good tune, and they had it. Wisdom celebrated in the mod­ ern, or sane, manner The fizz and boom were conspicuous by their THE LINKUP absence Store fronts were taste- Wisdom Briston fully decorated with .the national Patrick lb Carl Jones colors and flags waved from busi- Meaphan 2b Joe Courccy ness houses and private residences Jim vSteel 3 b Richlmg over town Charley Bell’s new Geo. Davis ss Chas Franks store was indeed a picture. Carey If Buster On the grounds a refreshment Dick Shankliti cf Lyndon Iloadlcy booth alleviated the sufferings of Hal Brown rf Conklin the inner man and all went as tner- Leiper P Joe Arbor ry as a marriage bell Price c Don Francis TJf ^ A 4 \ Managers Fox and Durkeo Argue Dr. Cowperthwaite managed the events and was ably assisted /by J. H Shuey, J E. Burgess and Roy Cowan. Wisdom’s Pitcher Up in the Air ATHLETIC SPORTS 220-yards dash, S1Q and $5— Bob O’Cosme! surprised his friends by the way he Jed the field, win­ ning a good race from Max Lewis. 100-yards dash, S10 and |5 — Max Lewis first. Bob O’Coont-E second. Girls over 12, $3 and $2—Edith Gasser first, Sadie NeaJ, sec­ ond. * Girls tender 12, S2 and $l-A B c e Stewart first, GHie PtameU second. Boysow 12,$5*nd $2—Aifred MeFeSa first. Geo. MePjrfi* *«- Job Reynolds and Clarence Tay- ,or second. The «v>0 ball-game was won by Briston and was a very exciting game towards the finish. Briston, however, played the better ball and deserved to win, showing better team work than the home nine. The Wisdom pitcher wos out of practice and inclined to be wild in his delivery, while he was not back­ ed up to any extent by his fielders. The final score was 14 to 12 in fa­ vor of the visitors Directors M eet \ A meeting of the directors of the Big Hole Basin Stockmen’s Associa­ tion was held in Wisdom last Sat­ urday. The secretary was unable at that time to give a complete fi­ nancial report of the recent sale, owing to the fact that most of the bills had not been sent in. and it was agreed to give the manage­ ment more time in which to pre­ pare its report. It is known, however, that, finan­ cially and otherwise, the sale was a success, and Secretary Strowbridge, as soon as his report can be com­ pleted, will mail a copy of it to each member of the association. A committee, consisting of Mes­ srs C H. Strowbridge, Chas. L. Lawrence and 0. B. Canfield, was appointed to attend a meeting of the Beaverhead Commercial Club in Dillon last Monday evening, when the proposition of raising money for our part of the proposed park-to-park road was discussed These gentlemen returned as re­ port as being well satisfied with their trip. They believe the peo­ ple of Dillon will do their share in helping the project Wise River \ Vf////*» The basin promises to put an­ other town on the map in the near future by the name of Wise River A postoftice has been established at that point, with Chas. M Pyle in charge We understand that a small store is to be erected soon and that other buildings are con­ templated. The stage company will probably make it a stopping place, and ample room may now be found in Mr. Pyle's new barn. Three lots have been sold this week in the new burg. Good luck to Wise River1 Reunion at Battleground Toad Rhow'ed His Old Form Umpires Win Pendergast, and Clear the track1 Riders are up1 Free for all, $50 and entrance A Bunch of Briston Fans fees— First, Geo. Francis on Rock­ et; second, Don Francis on Roxey. Saddle and start, $25 and en­ trance fees—First, Art Keas on the Simmons horse; second, Don Fran­ cis. Ring Spearing—horse back—1st, Bob O’Connell; 2nd. Geo. Francis. The festivities ended with a dance, which, as usual, was crowd­ ed. but everyone had a good time. Masic was sopphed by Mis* Janey Tovey, jim o ; Geo. Humphreys, vk&fi ; Hanre Paddock, comet and Hal Dnowa, trombone. Road Will Tap Big Hole Basin Butte, Boise & Winnemucca R<^F»les Articles with » Capital of $40,000,000 From Amos Buck of Stevensviiie, comes the admirable suggestion that the next reunion of the sur­ vivors of the battle of the Big Hole be held on the scene of the conflict, some 12 miles from Wis­ dom, and we feel sure it will meet with the hearty commendation of the veteran Indian fighters Mr. Buck is one of the survivors of that battle and it is natural that he should wish to visit the scene of the conflict and meet his old com­ rades once more By that time the park-to-park road will probably be completed. To Take Over Claims We are indebted to Fred Meyers for a copy of the Mining & Scien­ tific Press, which contains the fol- 'lowing interesting item from Bos- * ton: | Freeman I. Davison, of the Butte 1 Central Copper Co., left here cm May 21 for Butte and Beaverhead county, Montana, where ha goes to organize a $10,000,000 corporation to be known as the Montana Min­ ing & Development Co., and a $3,006,000 corporation to be known as the Montana & Pacific Rail way Co. The naming and development company will takeover 120 claims in Beaverhead county, where it is said rich outcroppings exist and from winch limited shipments c£ high-grade ore already have been made- The raffvay planned is to be a* electrified standard-gauge; road coppecting the new c r a p with; thetsafoad. It is said that t u t m - most Mantas o&cials, former Am-; « bi ^ bqc 3C^^ zqb wasibouss ’ SBEHHCL wall 06 OD %flB wti two companies. The few- Articles of incorporation of the Butte, Boise & Winnemucca rail* road have been filed in Boise, Ida- This is the road which is proposed to tap the Big Hole basin, passing at or near Wisdom to Jackson and thence over the range into Idaho. It is the road we have been looking for for y-»ars, and it seems almost too good to be true that the big dream of the basin is to be realized. This is the road which, it is said, the late Marcus Daly planned for when he built the B. A. & P. road, and it has been the subject of rail­ road discussion and prophesy for years. The kind of raad to be construct­ ed ir- a standard gauge commercial road to be operated by steam pow­ er, or at the option of the directors, by electricity, wit telegraph or tel­ ephone line to be used in connec­ tion therewith, and it is intended that the same shall be run from Butte, Mont., to Winnemucca, Nev President L. O Leonard of the ncwly-inoorprated road says, ac­ cording to the Capital News, of Boise “The articles of incorporation of the Butte, Boise & Winnemucca Railway speak for themselves. They show the proposed plans of those financially back of this line. I am not prepared at this time to state who those men are I will say, however, that they are me* financially able to handle the con­ struction of the railroad. They are not asking the people of this section, or any other section the road will traverse, for a penny. Following the filing of the articles, developments will come fast enough to assure those interested that the new railroad is going to be built. It is nut a Harriman or a Hill road.\ The Capital News further de­ scribes the enterprise in its issue of the 23rd. President Leonard, of the new railway corporation, has personally suprintended the running of the surveys, estimating the tonnage and gathering such other statistics accessary and has made Boise his headquarters For 12 years he was traffic manager of the Gould lines in territory in Montana, Ida­ ho, Utah and Nevada with head­ quarter at Salt Lake and is well known in engineering and railroad circles Chester N. Halveston, sec­ retary of the company, is a book- keepr in the Idaho Savings & Trust company; James A. Pinney is the well knowh head of the Pin­ ney theater, pioneer and capitalist; T. F. Halveston is a Boise attor­ ney and United States Commis­ sioner here; John D. Daly is vice president of the Pacific National bank; Asa Paid win is a well known mining n a n having large proper- i ties in the,Owyhee district; C. 1C j McCrtsn is a load business man s and druggist; John S. Springer is a ! physician, and Levis W. Ensign is a local insurance and real estate man. (id tteat AM vfsfWe HWtWL ter. ff we take

Big Hole Breezes (Jackson, Mont.), 11 July 1913, located at <>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.