The Ismay Journal (Ismay, Mont.) 1910-1933, January 06, 1911, Image 1

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., m i ' W tSr M m >*k %z V r * r ^ g r * . I I I J3S5I ___ *$,<; *TA9 ■ ’‘V \* * ■ b>»wr IS Jr* 4. •*> ^SSSdSsrr H & * iPSeBy/eSt:--, ■ m * ssr* 4Vv, rir^3 Art.ifc; 5& m i Mas ' 4» V? rv ^ - r - r j t >-v pj it -1 * j Igpsfe® 5??A I i l l > f t >3 at mm W . Devoted to the InterSsis of Ismay and Vicinity. Volume;!. »*&*• -.- v ,,v .^5 „ »Vi •• 'Is'mayJ. Ho^'tSinfS|f;Wayt January 6, '•:lM r Number 42. ‘ v:. ’*‘£r.T^ M li** -.'A'C V $ stfl-l :s E S ’ you and M ai/ Orders to us for anything need in Dry Goods, Clothing Shoes. We will guarantee to sell you better goods at less price than any store in the country. We must close out these departments as fast as possible. H e r e 's h o p in g you m a y w i n a prize und that your N e w Y e a r m a y b e a h a p p y an d prosperou s one. L a k f n P r o s . Miles City, Mont. Square Dealers “All the year round’ v i” li; I Have Leased the j o J. D . F o s t e r L i v e r y Barn and w i l l conduct the same du r in g this w inter Headquarters for Tee Dee Stage Line I solicit you r patronage „ i’ Frank M. S h a w FINDS THAT TH E M ACKAY HORSES W E R E DISEASED— T H E R E IS NO CAUSE OF ACTION FO R DAM A GES \(j \INST T H E STj^TE—± CASE IS OF STATE-W IDE INTEREST— TH E ^ JUDGjE’S DE C ISION IN ITS ENTIRETY. H f C M M ♦ ♦»444»+4>4-+< the mutual Life Insurance \Company of Tim York I f you lo r e you r w ife and babies protect them against w a n t b y bu y in g a little good L i f e Insurance. N o com p a n y is as solid as THE MUTUAL LIFE OF NEW TORI. J o h n d e C a r l e D istrict M a n a g e r f o r Custer County, M I L E S C I T Y , M O N T . .+-+-M~»4 ♦ M 4 ♦ ♦ ♦4 + »44»444444-»U * * * * * * ♦4444444444+444444 »44-44-4-»4 |St>; f e ' Only the Best Trees A r e used in the m a n u facture of th e 'Lu m b e r w e sell. Good Sound Lumber F i n e en o u g h to use in the constrnction o f a m illionaire’s palace. Experienced carpen ters and builders recognize the im p o rtance of good L u m ­ ber- Y o u ’ll fiud the m a jority of , them are o u r customers* T h i s alone should convince you that you should place y o u r o r d e r w ith us. Star Lumber Co. F. M. SCHWARTZ, Manager I S M A Y , M O N T • ’ t > + ♦ ♦ 4 4 4 4 4 4 4 4 4 4 4 444-444-444-» *- 444-4 4 W l - H - H f 44,4.444 4 4 4 4 4-f lit I |3s&c , IS1#1-' Ijjjp ‘ Write Your Friends Once a Week by Sending fhem the Ismay Journal. It Will Only Cod\You $2 a Year/ MONTIUU LEADS IN »*y-s s -2... ■Sp^jrri .* • 1 ^ ', r-r -The'\activity in the . production - of 1 ^ ’ - ti^copper/ .lead.- and zinc from primary | | 1 > : • vfiource^ in'the United-States was great- l. Vn--i909 \than in any \previous year. Complete figures have just been issued by the United States geological survey. The total output of copper from smel­ ters was 1,092,951,624 pounds.. The total quantity of refined copper, in­ cluding domestic and foreign ores, wds 1,391,021,454 pounds, ano Increase of -253,059,046 pounds over the 'previous .yiiar.^ J- . , , . The' total, quantity of lead, ;smelted or refined, In thejUnlted■ Stat^.lh .1909 was 4 5 7,^4 5 -tonsl ’ The apparent con- cent of the-zinc.; The decision of Judge Sydney Sarir ner in the celebrated glandered horse case, in which D. C. Mackay sought damages from James T, Stanford et ol, will be of widespread Interest. Th(e Independent he.rewlth gives the opiti1- ion of Judge Sanner in its entirety: ^ “This matter came before the court on November 23rd, 1910, for hearing upon an order sued out by the plain­ tiffs against the defendants requiring them to show eouso why they should not be enjoined from destroying cerj- tain animals alleged by the defendants to be infected with glanders, and upoti defendant’s motion to dissolve the temporary order Issued herein re­ straining them accordingly. The mat­ ter was submitted on the single ques­ tion whether the said horses or any of them were in fact diseased or in­ fected with glandeis; it being con­ ceded by plaintiffs’ counsel that if said animals were so diseased or in­ fected, they were valueless and should be destroyed. Witnesses testified op behalf of hoth parties but the greater weight of the testimony was to the effect that the said animals were in­ fected with glanders. Upon the plain­ tiffs’ suggestion that their said prop­ erty should not be destroyed without reasonable certainty of their diseas­ ed condition as claimed, and that the Mallein test properly applied would demonstrate whether or not said ani­ mals were so diseased, the court ap­ pointed. A. T). Knowles, a veterinary surgeon-.of Liviggston, Montana, as its special offleer to apply said test to th» said horses in the presence of W. S. Swank, a veterinary surgeon of Miles City, Montana, representing the'plain­ tiffs, and to return into court on tjjy 2th day of November, 1910, at 5:V0 p. m. and testify ccncerning the re­ sults thereof. “The said hearing was resumed on November 25th. 19 i0, at 5 00 p m., the said A. I) Knowles testifying that the said test had been applied to each of stud, animais as directed by the court* and Jtad resulted in the typical re-action of glanders in each Instance and that all th.* said animals were un- questlonablj diseased with glanders, and further that said test had been pronounced by the plaintiff, D C. Mac- Kay, and by his representative, W. S. Swank, to be satisfactory, so that the said anifhals had been killed on that day by order of the said D. (\ MacKuy. Neither the said plaintiff nor the slid Swank were present at the resumption of the hearing upon November 25.li, but upon suggestion of counsel for liu plaintiffs, who was present, the co’irl declined to dispose of the matter until plaintiffs could be heard if they o *- sired to lie heard in respect to tin- same and for that purpose the hear­ ing was adjourned to the 3rd day of December, 1910. Upon the said 3rd day of December, 1910, said healing was resumed, the said W S Swank testifying to the ef­ fect that said tests had not been pro­ nounced by hint to be satisfactory and the said animals had not, to his knowl­ edge, been ordered by the said Mac- Kay to be destroyed, whereupon the court, for the purpose of ascertaining whether or not th e ’ injunction order herein had been wilfully violated, or­ dered a furthe- hearing of this matter on December 19th, 1910, at which time said hearing was resumed and witnesses testified concerning the de­ struction of said animals, from which It appears that said animals were kill­ ed by an employe of plaintiffs’ under the immediate direction of said A. D. Knowles, with a weapon furnished for that purpose andi at a place desig­ nated by said 1). D. MacKay. T>r. Knowles testified that his presence at the killing, as well as the failure to hold any aut >psy, was duo to his un­ derstanding that Mr. MacKay was sat­ isfied with the test and had ordered the horses killed as valueless and dan­ gerous to him. Mr. MacKay on the other hand, testified that he was not satisfied with the test, had never ex­ pressed any satisfaction with it and did not order the horses killed; but that he did furnish the weapon and designate the place, under a misap­ prehension that if I t . Knowles deti r- mined that there was a glanders re­ action from the test, he had the power to destroy the aniirtals forthwith with­ out further ifrder of the court. In view of the fact that there is still an issue In the pleadings which the plain­ tiffs may desire to have tried, the court will express no opinion further than to say that there was nothing in the pro­ ceedings before the court justifying Mr. MacKay’3 msjapprehension, and that it is quite clear the horses were not killed in wilful violation of the re­ straining order herein. ' From all the evidence presented, the court finds: (1 ) . That the said animals, towit: The animals described in paragraph 3 of plaintiff's complaint ,at the time of the commencement of this action and at the time the restraining order and the order to show cause herein was issued and on the said 25th day of No­ vember, 1910, were each and all In­ fected and diseased with the disease known as glanders; (2 ) . That said animals were on November 25th, 1910, killed and de­ stroyed. ^ And tl»e following conclusions of law are drawn (a ) . That the plaintiffs should have nothing t;y this proceeding: (b ) . That said restraining order should be dissolved. » Wherefore it Is ordered that the re­ straining order heretofore issued here­ in, be and the same is hereby dissolv­ ed. Costs will be awarded to neither party. Done In open court this 30th day of December, A. D„ 1910. SYDNEY SANNER, Judge. ANTICIPATING A COUNTY SEAT SEAT P E O P L E OF M I L W A U K E E TOW N GET TOGETHER. ENTHIISUtSTIC MEETING Big Lobby Will Go to tlio State Capital In tlie Interests of Cause— Situa­ tion. in This County at Pres­ ent is Complicated. (Miles City Independent.) In conformity with the requirements when petitioning the legislature for the creation of a county seat the peo­ ple of Ismay met the other evening and named officers for the propose 1 new count yof Burt. From what the Independent can learn there was a large representation at the meeting, there being delegations from every section of the proposed new county. By unanimous consent it was agreed to name the new county Burt in honor of George W. Burt, of Ismay, who has been qulte a factor In the develop­ ment of that particualr section. In the division of the offices Ismay gets two, a commissioner and a sheriff and the rest goes to the outside. The men nominated are as follows: Commissioners— R. L. Anderson, Is­ may; Wayland Wood, ICnowlton; H L. Struckmeyer, Mildred. Treasurer— R. H. Highbe. West- more. Sheriff— Mat E. Jones, Ismay. Assessor— W. H George Countv Clerk and Recorder— 11 L Brockway. Clock*' of Court— C E. Stevens, Westmore. Superintendent of Schools— Frank Cass, Ismay. County Surveyor— G. B. French, Mildred. Public Administrator— Frank Shaw, Ismay. Coroner— Dr. G..A. Lewis, Ismay. Should the people of the proposed new county of* Burt be successful in getting their measure through the leg­ islature the set of officials for the first year must be named in the bill and it was for this reason that the people took action at this time. The office of county attorney was left open for the time Wing, but a Miles City man may have it if he will consent to live in Ismay, ift the event of the division scheme carrying. MEETING IS CULLED ST SECRETMff MARTIN Secretary Martin Martin, -if ihc Montana state fair, has sent out notices to all secretaiies of chambers of commerce and commercial orgunt zations, as well as others lnh\»-stcd in county fairs for th** coming season, to meet at Helena on Jan>iu>‘\ to. The purpose of the meeting 12 t*. dis­ cuss and fix dates, premiums, purses and racing stakes, and to provide «.h<- best possible attractions for the fairs of the state this year, hoping to avoid conflicts in dates und a closer har­ mony that will result In more effi­ cient an i educative fairs. There will also be some matters of legislation discussed pertaining to the improvement of the present laws un­ der which such work is carried on in Montana. Secretary Martin asks par­ ticularly that a representative of the Western Montana Apple show be pres­ ent. The meeting will be held at the office of the Montana state fair, in the Kohrs building. The following patents have been granted to Montanans Henry E. Thompson, of Wisdom, siding tool; Frank Seurle, of Ennis, shelter or sleeping tenl; Henrj T Devltt, St. Reels, lr.i< k shilling machine. m ♦ a + a 4 - t t 4 - a 4 - < » 4 - a 4 - a 4 - a 4 - a - * - a + a - f < f 4 - < » 4 - a 4 - « 4 - a 4 a 4 - a 4 0 4 t t - 4 First National Capital Stock Bank. $ 3 5 , 0 0 0 I s m a y , M o n t a n a Your account will be welcomed at this bank where you are assured of absolute security and the most cour­ teous service. You will always find us willing to help you wherever we can in the de- velopement of your business. sumption of lead by American indus­ tries was 370,013 tons. The total production of zinc was £55,760 tons, while the consumption was 271,274. In the production of copper Mon­ tana led all states^, wi^ri Arizona sec- ond, Michigan^thfrd^and Utah fourth. The UnUedrStatcs-produced 3g per Directors and Officers R. L. Anderson, ♦ President. David Bickle, James Hunter. J. H. Price. E. J. Armstrong Vice-President. William Fulton. William G. Lang. Cashier. 4-<*4-<t4-tt4-tt4-$4-«i4-a4-a4-S4-a4-tt4'a4-a4-a 4-=* 4-tt ♦ C t 4-tt4-a + tt4- J&gl -#3j M SI O' : yr- ■ C ’ l ^ r s i -17 rTizn^zi*** A -4- *•>>-. v,>, * TV ^ *-4 1 * 5.3

The Ismay Journal (Ismay, Mont.), 06 Jan. 1911, located at <http://montananewspapers.org/lccn/sn85053190/1911-01-06/ed-1/seq-1/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.