The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-17
ON A Writ OF REVIEW.
The Whole Matter VIII lie Taken to the
supreme Court.

Special Dispatch To the Standard.
Helena. Dec. 16.-The proceedings in
stituted in Butte yesterday by James
Forester and John MacGinnis. result
ing in Judge Clancy appointing Thomas
Z. Kinds receiver of the Boston d Mon
tana. have been brought to a temper
airy halt by action taken i'm the SUI
pTeme court this afternoon. Attorney
Forbis. for the b. & NJ. applied TO the
court for a writ Of review commanding
Judge Clancy to certify up to the high
er court the Transcript of the records.
petitions. orders and all proceedings
used and considered by the district
court I'm the receivership appointment
and In the meantime to desist from fur
her proceedings under the order made
yesterday appointing Thomas X. Kinds
receiver for the company. After look
ing over the petition filed by Attorney
FDrbis the court ordered the writ Is
sued directing Judge Clancy and 7. X.
Kinds To have the desired
in court before the supreme court lam.
G. at 10 a. m, when the lower courts
action will be reviewed. The court also
ordered hat no further proceedings be
taken by the lower court or the receiv-
err until the court has passed upon the
matter. Samuel McNurran, the mar
shall of the supreme court. left for
Butte tonight with a copy OF the
,caAh = ~ WIS ~ 'DSAhM fH'f~A
parties. The petition for the writ filed
by Mr.. Forbis is entitled the state Of
Montana ex rel. the Il. & NJ. c. G. a
:. NJ. Co. of Montana and the II. q NJ.
G. G. & :. NJ. Co. Of New York. plain
lifts, VS.. the district court of the Sec
ond judicial district in and for tho
county of Silver Bow and the Hon.
william Clancy. judge, and Thomas Il.
Kinds, defendants.
The petition Is signed by l.. q. Evans.
n of the attorneys for the Boston d
Montana. He asks to have the writ is
sued directing Judge Clancy to certify
fully to the supreme court a transcript
of the records. petitions. orders and all
proceedings used and considered in the
different phases Of the litigation lead
ing up to yesterdays appointment of
Receiver Kinds. The petitioner asks
that the writ be issued for these rea-
sons: That the said district court had
10 jurisdiction. authority, power or
right TO make the order appointing a
receiver of the property and assets of
the said defendant. Il. x NJ. G. G. & =.
NJ. Co, a corporation of Montana. and
ordering the defendant. the b. & NJ. c.
G. q 5. NJ. Co. a corporation of New
York. to turf over the property de-
scribed in said order to the said re-
ceiver and to desist from doing certain
acts specified in said order and for the
reason mat IL appears from said am
davit hereto attached that there is no
appeal or plain, speedy or adequate
remedy and that this honorable court is
the only tribunal from which said writ
may issue.
Attached to the original petition il
the affidavit of l.. o. Evans. stating
that he is one Of the attorneys for both
companies and that all of the officers
Of both companies are absent crnm
the state. His affidavit reviews ;he
proceedings began last June by Messrs.
Forester and MacGinniss for an in
junction preventing the transfer of he
company and of the appointment Of a
receiver. tells of the issuanc of injunc-
ton. but the refusal to appoint a re-
ceiver and refers to the decision of ne
supreme court. Dec. IL. affirming the
judgment Of the lower court. Afiant
states "a motion for a rehearing by
the supreme court has been allowed
and the same will come up next Mon
day: That no remittitur or order mas
been issued from his (the supremeD
court to the district court; that said
appeal and action are now pending in
the supreme court and that this court
has still the sole and exclusive iuris-
d.ction thereof" Afiant ~recites the
proceedings in the Butte court yester-