The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-25
WILL DECIDE IT MONDAY
Arguments Finished in the B. q
M. Injunction Case.
SOME OF THE POINTS MADE
Plaintiffs Contend That the Transfer
Would Impose Additional Bur-
dens on the Stock
holders.

From Q o'clock yesterday morning UNI
til $50 o'clock last evening, with a
NON recess of an hour and a hat, tie
attorneys in the receivership and in
Jun ton case Of James Forester AMI
John ~Iacginniss against the b. & VI.
Mining company. argued the law lues.
tons involved before judge clancy,
and when they had concluded .he judge
said he You'll probably give them Il de-
cision Monday mC:ning. The attorneys
wanted to hold a night session and
talk some mo:e, lut the Judge Eaid he
thought two days Of il during regular
sessions of court was enough for him..
Attorney Mediation, who ha1 talked
for nearly three hours on Thursday. re-
sumed his argument yesterday morning,
n spoke over an hour longer. He
was followed by Judge De Witt, Louis
Marshall and John r. Forbis, for the
defense, Frank u. Corbett closing for
the plaintiffs. The whole contention of
the plaintiffs case was by transferring
the property of the company from the
Montana corporation to the New York
corporation additional burdens and liza
bilities would be imposed upon the
stockholders in violation of the law un-
der which the company was originally
incorporated, and contrary to the laws
of Montana. Under the New York in
corporation the company is authorized
to engage in any kind of ventures. bust
ness and enterprises that the company
might decide upon. The plaintiffs at
torneys argued that under the scope o;
the new articles of Incorporation the
company might engage in any specula-
ton known on earth. and run the com
pany to ruin. They might save their
investments at the expense of the other
Il. & NJ. stockholders. ~ y.
On the other hand, the attorneys for
defendants argued that the New York
incorporation did not seek to impose
any additional burdens on its stock
holders. They also argued that the
two plaintiffs. n an attorney of the
NJ. o. p. company. and the other an
officer of the same concern, We're not
acting in good faith i'm seeking to pre-
vent the meeting of the b. & NJ. stock
holders and the transfer of the prop
erty to the New York company. The
greatest stress. however, was placed
on the proposition that Forester and
Macginniss had no standing in court.
and that individually as stockholders
they could not maintain their action.
AS stockholders their remedy was
through the board of directors of the
b. 81 NJ. company. They should first
go to the board of directors for the
relief they sought. and If refused by
them. then their independent action as
stockholders might be proper. On this
question the attorney cited a large
number of federal authorities, but to
which rule attorneys on the other side
said there were exceptions, and that
this case was one of them, and to sus-
tain their position they also cited many
authorities. They also said that the
uselessness of an appeal to the direc-
tors of the company was so apparent
that it was absurd to argue that the
plaintiffs should rave gone to them for
relief. The defendants attorney, in
speaking of the alleged bad faith of
the plaintiffs, referred to the fact that
of $50, 900 shares of stock in the COM
pany the two plaintiffs owned but 100
shares EACH, and that they acquired
the shares only about two months ago.
and for the evident n only purpose of
holding up the stockholders meeting
and prevent the transfer of the prop
erty in which they had very little in
terest.
Judge Lindsay had three sessions of
court, morning, afternoon and evening,
in an effort to get through the trial of
the suit of e. l.. Mahoney against the
Butte Hardware company, but it has
not yet been concluded and will be re-
sumed this morning.
In Judge Clancy's court the cases of
Edith Somers. for grand larceny.
Charles O'Bannion and Kate Thomas
for rape, which had been set for trial
yesterday, were continued until Mon
day.
The following matters are set for
hearing in Judge Lindsay's depart
ment this afternoon:
Estate Sarah Jane Beal. settlement
of annual account; estate of Philip
Tucker, petition to set apart homestead;
estate of Bridget O'Shea, petition for
assignment of property: estate of Cath
arine Laury, petition for letters; estate
of John Wasosky, petition for letters
and objections; estate of Francis A.
Linforth. ct al, minors. order to show
cause estate of job c.. Shea. settle
ment of account; estate of Walter F.
Wampler ct al, minors, order to show
cause: estate of Adolph Schwade. set
tlemen of account; estate of w. J.
Meagher, order to how cause; estate
of j. II. Duval, order to show cause;
estate of j. H. Brandt. petition for let
tiers. estate of Percy O. LeBeau ct al,
of John o. Donnell. order to show cause:
estate of William Harris, settlement of
account n objections; estate of Thea
Jane Davis. probate of will; Margaret
A. Robinson VS.. Ellen Walker, order
to show cause: Hiram Wolford VS.. Mary
III. Bottego ct al, motion for counter
claim and complaint: Ellen S. Cornue
VS.. Washoe Copper company, demur-
rer: State of Montana ex rel o. II. Bur-
bridge VS.. John NJ. Trap. j. p, petit
ton for writ of review; Bridget Masill
VS.. William s. Magill, order to show