The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-05

and the sale and manipulation Of its
stock to secure themselves. IND h d.
rectors OF the New York, Boston q Mon
tana. n IN this action. are
1arre holders OF the stock of the new
Butte = Boston company. Their in
vestment In the latter 10 not profitable
and the New York. Boston a Montana
company was organized with power to
acquire stock Of other corporations and
to acquire and carry on the business or
property OF any company engaged in
similar business and to undertake the
liabilities Of such company. and to
guarantee the payment OF dividends on
the shares Of its stock and also to ac-
quire the property and business of the
Butte 4 Boston company and operating
its property.
their acts are ratined. to have the New
York company purchase the stock OF
the Butte and Boston. or lake over Its
property and assume Its liabilities. and
in case Il takes over N business of
company, Il will operate its prop
erty IND business In connection with
its and guarantee a payment OF
dividends on the stock Of the Butte and
Boston. II Is the intention OF the d.
rectors to so arrange matters that any
and an claims n obligations on ac-
count Of the Butte and Boston will be
settled and discharged to the personal
benefit and advantage Of the directors
and against the interests OF the plain
tits. The directors and ofncers OF the
Montana company have surrendered
and abandoned all Of its property and
furthance Of their fraudulent inten-
ions.
The New York. Boston and Montana
company has no property of its own.
but Ia now engaged in mining the prop
erty OF the Montana company. and Is
taking out great quantities Of valuable
ores. A Judgment against the New
York company for the ore and damages
would be worthless. By reason of all
the acts complained of. the directors
are not proper persons to have or be
given further charge or control OF the
Montana company. Its property, BUSH
ness or Affairs. and by reason OF the
wtsh of persons owning a majority OF
the company to have the acts OF the
directors ratified and the schemes pro-
posed by them carried out. q receiver
for the corporation hou be appointed.
and it's property and business carried
on by him under the direction OF the
court during the tendency OF the suit.
and upon final Judgment setting aside
the acts Of the directors and cancellinR
the deed to the New York company. its
entire property should be sold and the
proceeds thereof, after payment OF its
creditors. Distributed to its stockholders.
The plaintiffs, therefore, ask that the
court issue an order to show cause di-
recting the defendants to show why
they should not be enjoined from vot-
ing, either in person or by proxy or
agent, or as attorney for any other
person. and from allowing TO be voted
any shares OF the capital stock of the
nAANA~ A~A Aann annOnAnv M Atnn-
tana at q meeting Of stockhold-
es noticed for June 6. or at any
other. meeting. Of at all. in v OF
selling the property to the New York
and that they be restrained
from doing so until the further order
OF the court: that the New York COM
pany be required to show cause why IT
should not be enjoined from using the
property OF the Montana company and
from mining and extracting ore there
from. and why a receiver should not be
appointed to take charge and manage,
under the control OF the court, all the
business and property of the Montana
company: that upon the hearing of the
order to show cause the our grant an
order OF injunction enjoining the de-
PENDANTS from doing any Of the acts
complained of and from conveying to
property Of h Montana company to
the New York company: that a receiver
for all the property OF the Montana
be appointed to take charge
of it's business. and that the New York
company be ordered to deliver h prop
erty to the receiver and that 1t be en-
Joined from using the property or min
ing or extracting ores therefrom and
from removing and disposing Of any
ores. concentrates or matte, the product
Of any such property; that upon the
final hearing OF the clause all the acts OF
the directors and officers OF the Mon
tana be declared null and void
and that the deed OF conveyance given
to the New York company for all the
property Of the Montana company be set
aside and ordered Cancelled, and that
the New York company be forever en-
Joined from asserting any claim to the
property under the deed: that the re-
ceiver, upon judgment being entered de-
claring the acts Of the directors null
and void and canceling the deed, be d.
rected to sell all h property OF the
Montana company and pay all h ex-
penses Of the receivership and all debts
of the company and distribute remainder
of the proceeds OF such sale 10 the stock
holders Of the Montana company.
Judge Clancy granted q temporary in
junction I o prevent action on the part OF
the ~stockholders' meeting tomorrow
and issued an order to show cause in ac-
cordance with the prayer OF the COM
plainant and set II for hearing on
June Is.
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