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

account thereof. II a receiver be not
appointed. and the New York corpora
tion Is allowed TO remain I'm charge OF
and operate the property. and IL Will al
together rest with the New York cor
pOratiOn as to what If any property
or proceeds from the operations of II
shall be returned or delivered to the
Montana corporation or its stock
holders. The petitioners dllege that the
directors and officers of the Montana
corporation have delivered large sums
of money belonging TO the company 10
Lewiston Brothers and others. n II
has been used n Is being used by
them for their own use N benefit ana
for the benefit of the officers Of the
Montana corporation. All the acts Of
the New York corporation compl1i1ed
of have been lone with the knowledge
and consent Of the trustees AMI ui-
rectors of the Montana corporation and
it's officers and they viii continue TO
assent thereto. In order To protect the
interests of the company and its stock
holders the court was asked to appoint
"a receiver. and to require the New
York corporation % deliver the pro-
peTty and account for all the proceeds
from ores mined. To the Montana COM
pany. The attorneys representing the
two plaintiffs are John j. Mediation.
Robert b.. Smith and Clayberg a Cor
ANAANa ~ vi h'AA AAA a 49,
tation of the facts to Judge Clancy up-
on the opening of court at 9 o'clock yes
terday morning. and the judge cN-
pressed his Willingness to appoint n re-
ceiver. MIR. Corbett presented a mum
her Of acceptable names, including T.
II. Kinds and Carlos Warfeld. and the
court selected Mr.. Kinds and fixed his
bonds at 100000. At the noon hour
MI. Kinds presented his bond with II.
l.. Frank and :. V. Eemper on II as
sureties. and the bond was approved.
Attorney l.. q. van vas I'm court n
made an objection in behalf Of the de-
PENDANTS against the proceedings. He
said the case was now pending in the
supreme court IN an extension of time
for a motion for ~rehearing, and until
the remittitur was received from the
supreme court the lower court had no
jurisdiction. The judge oVerruled the
objections Of Mr.. Evans n signed a
formal order which alleges that ii has
been made to appear TO the court that
this is n proper cause I'm which to APP
point n receiver as prayed for. and II
further appearing that unless a re-
Ceiver Is appointed eN parte and with
out notice tn the defendants that there
Is imminent danger that the property
and funds I'm question will be removed
beyond the jurisdiction of the court and
~unlawfully disposed OF and lost. and
that the mining property i'm question
will be irreparably damaged" Con-
tinuing. the order says: Thomas II.
Kinds is therefore hereby appointed re-
ceiver for the defendant Boston & Mon
tsna Consolidated Copper and Silver
Mining company. a corporation Of Mon
tana. and also OF such property of said
corporation as may have been wrong
fully removed from the state. and of
all the business. property and effects
OF valid company wherever situated
within the state Of Montana. and that
such receiver is hereby authorized and
| required to take charge of and manage
the business n Affairs of said Corpor-
alton during the pending Of this action.
and under the control and direction OF
the court to take and keep possession
Of all OF said property and 10 carry on
the mining operations Herewith. To
mine and extract the ores from the
mines and mining claims 81 said cor
poration. and TO reduce. smelt and dis
pose Of the same. and 20 pay all the
| necessary expenses Of carrying on
said business OF mining. hosting. haul
ing, reducing, freighting and dispOsinC
81 the ores and the product Of said
mines and reduction works. and partic-
/ ularly 10 take charge 81 all the roperty
! mentioned and described in the com