The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-03-06
BOLAND IS BOUNCED
Judge Brsntly Says the Receiver Must
Not Work the Trout Nine.
CASE IS MORE COMPLICATED
Grimes Must Show Cause Monday
Why Receiver Should Not
re Who VIII
Pay the Wages2
Special Dispatch to the Standard.

SFctlhl Dispatch to the standard.
Philipsburg March 5.-In the district
court this afternoon, Judge Brantly
decided the case of the receivership OF
the Trout mine and discharged the re-
ceiVer and dissolved the injunction.
This is the case that was brought in
Butte some time ago and IL involves
the management of lease on the
Trout mine. A receiver was appointed
by Judge Lindsay of Silver Bow coun-
ty. and F. +. Grimes the managing
partner, enjOined from interfering In
any way in the management Of the
property. About the Goth of last
month, Patrick Boland as receiver took
charge of the property and since that
time he has been running the mine and
employing more than so men.
The case came before Judge Brantly
on demurrer Of the defendant To the
Jurisdiction Of Judge Lindsay and also
TO the right OF the Silver Bow county
Judge to appoint receiver and
issue an injunction on the showing
made Ivy the plaintiff. Judge Brantly
held that Judge Lindsay had jurtsdic-
tion but took occasion 10 say that he
was very doubtful about IL and cited
hypothetical cases showing wherein
such extraordinary action might work
great injustice.
AS to the second point argued by the
demurrer he held that there was moth
ing IN the complaint or affidavit in
support of the complaint that would
justify the appointment Of receiver.
and he therefore ordered Mr. Boland to
file his accounts with the clerk forth
with and Ia turn all the property in his
charge over to the person from whom
he had taken it, There was nothing
before the court To show that the prop
erty was being worked by the receiver
but In the running talk between the
attorneys and the court Judge Brantly
made the statement that the receiver
was not authorized under the order
made by the court tn expcnd "A dollar
for any purpose except to protect the
property. and that IL he had employed
| any person or persons for other pur-
poses that they could not be paid out
of the partnership funds. He said that
he did not propose To permit any per-
son to drag.thc court into the mining
business.
II appears that the receiver had been
extracting ore and employing more
men than was employed hy Grimes and
! II Is also known that he has paid men
for about 10 days work, presumably
! out of the funds which came into his
hands from the smelter returns Of ore
taken out under the Grimes manage
ment. From present indications the
case will he fought out to a finish al
though from what Judge Brantly has
/ intimated on the bench II is improb-
able that another receiver will he ap-
pointed unless the plaintlff can make u
I much stronger showing than has yet
/ been presented, although Mr.. johnson,
| through his attorneys gave notice of
another attempt to secure possession
and exclusive control of the property
/ in dispute. On the other hand Grimes
attorneys feel that their client has
/ been wronged and expect to make Re
/ ceiyer Boland and Mr.. Roland respon-
sible for damages. but in the mean
I time Grimes is running the mine and
+ will pay off the men.
Tonight Judge Brantly signed an
/ order citing i. v. Grimes to appear On
! Monday morning next at 10 o'clock "A.
/ m. Ia show cause why n receiver should
not he appointed and in the meantime
several attachments have been made
| and garnishmcnts served on the bank
| of Hyde * King, where Johnson a
/ Grimes were thought to have some
| money The defendant Grimes, how
I ever. claims that Receiver Buland has
refused to comply with the order OF the
/ court and turn over all property Ia
] him and anticipates contempt proceed
| ings Monday morning. He thinks that
/ money could not well be attached while
I i'm the hands OF the court,