The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-16

son for refusing to appoint a receiver
at that time. and the court acted on
that offer i'm refusing to appoint a Tr-
CeiVer. Such decision was made by the
supreme court on the 2Sth Of Novcm-
Der. but Notwithstanding that the de-
PENDANTS have failed. refused and neg
leCted To have a reC~onveyance of the
property made and 90 have "A full or
any accounting of the proceeds Of its
property while In the hands of the New
York corporation made and the pro-
ceeds delivered tn the Montana corpora
ton. ON the 9th of last April the New
York corporation, under the alleged
deed Of conveyance, received the prop
eTty and took possession Of H.. and has
ever since been engaged in mining u
extracting large quantities of valuable
ore from the property and is removing
IL from the state and converting II 10
its own use. 1t is also operating the
smelters at Great Falls and unless a Ie-
cciver is appointed IL will continue u
remove the products of the mIncs to the
states of New YORK and Massachusetts
and convert the proceeds To is pwn use,
and the same will a." entirely !nst % the
Montana corporation and u the plain
tits, who have ~ means %. as""r an
h.g the value or pugptit- Cf ;he &c t.
moved. II Is alleged nat every day
on which the New York corporation -
permitted to operate tie property the
value OF IL H. materially decreased TO
the irreparable injury OF the Montana
corporation and the plaintiffs. The New
York corporation has no property or
assets of its own and is entirely insol-
vent. and the Montana corporation and
its directors have failed and refused TO
take any action To compel "A reconvhy "
nee OF the property, or tn have the
New York corporation account and pay
over the proceeds which IL has received
from the ores extracted from the prop
erty. Ever since the New York corpor-
alton came into possession of the prop
erty IL has diverted the proceeds Of the
mining operations and has disposed Cf
such proceeds 10y paying out and deliv-
ering the same in large TO
persons not stockholders in the Moa-
tana corporation, and has charged
against said proceeds large sums Of
money as for expenses incurred by 1t In
carrying on such operations. and will
continue % dissipate and pay out the
proceeds unless a receiver Is appointed,
and will disburse them TO persons other
han the Montana corporation and its
stockholders. n petitioners further
allege that since the New York corpDr-
alton has been operating the property
IL has taken out ores exceeding In value
the sum OF s.. 600 600. and the proceeds
Of the product are being removed from
the Jurisdiction OF the courts of this
state and is unlawfully disposing Of
them.
1t is alleged that the New York cor
poration, its directors and officers ! ave
been and are now using the proceeds
acquired from the property of the Mon
tana corporation Co purchase shares Of
capital stock In the Montana corpora
tiOn for the purpose of maintaining and
increasing the price of the Aarns ui
stock i'm said corporation on the BIS
ton stock exchange, and otherwise u
use the same for their own benefit, ghd
the directors and business officers - III,
Montana corporation have Enow'v Ice
Of IL and are acquescing therein, and tn,
use OF the proceeds is being made 10y
such persons without any
record thereof being KEEP
on the books q the New York oi
Montana corporations. IL will be I'm
possible for the Montana corporation
or the plaintiffs and other stockholders
who have not assented "a the convey
ance 10 the Sew York corporation. I,
ascertain the amount and value Of IN,
ores which have been extracted, n q
which the Montana corporation ol
these plaintiffs will be entitled TO OF