The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-29
VARIETY THEATERS FIGHT
Albini and Mcguire Want to Dc
Their Turns at the Imperial.
THE CASINO SAYS NO
Case to Be Heard at 10 O'clock This
Morning, When 1t May Be Ar
gued That the Casino Is
Violating the Law.

The fight between the Casino and
Imperial theaters over Albini and Mel
lie Mcguire was taken into court again
last evening by Albini, whose counsel
made an effort to have Judge Clancy
dissolve the injunction he issued Mon
day evening to prevent the magician
and his wife from playing at the Inn
perial and California. The matter was
to have been heard at Z o'clock, but
C. NJ. Parr. counsel for the Casino peo-
pie stood upon his rights to have more
time to prepare. He said he had been
served with a copy OF the order only
three hours before and was not ready
to go on with the hearing. He said
the defendants were secured against
damage by $500 bond. which was
amply sufficient as the two had con-
tracted to play for 800 week
J. K. Grice, who represented Albini.
talked against a continuance and said
every night the defendants lost was
serious damage to them and it was fool
ish to pretend that they were secured
by bond, because being transient peo-
pie, depending upon their work for a
living, they could not remain in butte
for an indefinite period to sue and Try
to recover on a bond. He said the plain
tiffs had all their witnesses present
and were as well prepared to try the
case as they ever would be. Mr.. Grlce
thought is was nothing but case of
persecution anyway.
The Judge, however. said he would
continue the hearing until 10 o'clock
this morning. This announcement
shocked Manager Kennedy, who
whispered a few words to his counsel
and Mr.. Parr told the court that Mr.
Kennedy and his able assistant man
ager We're imports ant Witnesses. and as
they We're up all night they could not
get round by 10 o'clock. The court,
however, did not consider that sufll-
cient excuse for changing the hour Of
the hearing and then Mr.. Parr said
they would rather go on with the afgu-
ment at once. but Judge Clancy ordered
| his bailiff to adjourn court until this
morning and that was the end of it.
After the adjournment OF cou1. Al
| bini had a few words of explanation
| with the assistant manager of the Ca
sino and Mr.. Kennedy took part in it
and attempted to correct statement
/ made by Albini.
II am not talking TO YOU, sir, said
the card man. and / don't want you te
speak to me-"
Kennedy replied in kind and they ex-
| changed several more compliments and
for time it looked as if the two men
might say something real mean to eacE
other but they parted themselves be-
fore the affair went beyond friendly
| bounds.
Il have no feelings in this matter a.
ALL" said Kennedy subsequently. :"
| simply want to find out whether con
tract of this kind is any good, for
enter into a good many of them Will
many performers and | want to know
whether they can be broken by then
at Will"
The defendants attorneys will at
tempt to show at the hearing thi
morning that the contract is null am
void for the alleged reason that TIL
Casino theater is run contrary to lay
and therefore any contract 1t ma,
make relating to the conduct an
operation of its business is of no ef
feet.