The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-24
to. II ever. own any Of the stock of the

II TIT TVTTfUTTU CVTTTPITFe TIT EdlU IITTT
ana Ore Purchasing and the
said r. Augustus Heinze. well knowing
the action which had been taken and
which was proposed to be taken by the
Montana company as aforesaid, and
with notice OF the meeting proposed TO
n held on the 9Th day of June, 1898.
rnteI red to in the complaint, on the sth
day or April, 1888. caused to be pur-
chased in the name of the plaintiff. For
-ester. but in reality for the said Mon
tana Ore Purchasing company or the
said Heinze, who holds the control of
the said stock. and transferred on the
books OF the Montana company to the
plaintiff, Forester, 100 shares OF the
capital stock of the Montana company.
and thereafter. on the 10th day of May.
1888. they caused to be purchased I'm the
name OF the plaintiff. Machines. but in
reality for the said Montana ore Pur-
chasing company or the said Heinze,
who holds the control or said stock. and
transferred on the books Z the Montana
cmpany to the plaintiff. MacGinniss. 100
shares of the capital stock of the Mon
tana company. said stock being the same
stock which is alleged in the complaint
TO be owned by the said plaintiffs.
The previous holders of the stock had
not objected In any manner whatsoever
10 the aforesaid conveyance and ransfer
from the Montana company to the New
York company. but the said Montana
Ore Purchasing company and the said
Heinze and the plaintiffs herein acquired
the aforesaid stock for the sole purpose
OF instituting this litigation and of
harassing and annoying and embarrass-
ing the Montana company and its stock
holders. and for the purpose of procur-
ing Interior benefits for the said Mon
tana ore Purchasing company and the
said +. Augustus Heinze.
Wherefore the defendants charge that
this action is brought in bad faith and
that the process OF this court has been
employed by the plaintiffs and their CO.
conspirators for fraudulent and i'm
proper purposes.
Further answering and as a further
defense to the complaint hereing. these
allege that on the Sd day If
June, 1898. an action was brought i'm the
superior court of the state of Massa-
ehusetts, a court of competent jurisdic-
ton. by James Forester, one Of the
plaintiffs in this action. with the conniv-
ance. privity and procurement of the
plaintiff. MacGinniss, and of the Mon
tana Ore Purchasing and +.
Augustus HeinZe. for the same relief as
that prayed for by the plaintiffs i'm this
action. and %thereupon such proceedings
were duly had in said action that an
order was duly made and entered deny
iAs thC BidNti al lHt cdlu DldlnIDV.
which order stands unreversed upon the
records of said superior court of the
state OF Massachusetts; and the defend
ants allege that by reason of the said
order he plaintiffs herein are barred
from maintaining his action. Wherefore
the defendants pray for judgment in this
action dismissing the complaint with
costs. w. H. Dewitt, Louis Marshall,
Forbis & Evans, attorneys for defend
ants. .t-.-
Deputy Clerk Simmons was first put
on the stand for the plaintiffs. He ex-
hibited certified copies of the articles
of Incorporation of the old Boston &
company and of the New York
company. There We're offered in evil
st
John AIacGinniss then took the stand.
said that hesis one of the plaintiffs
In the action and owns 100 shares of the
stock of the company. ON cross
examination by Louis Marshall, Mr..
said he bought the stock
from MIR. Clifford of New York. The
plaintiff said that he is vice president
and assistant general manager OF the
Ore Purchasing company. He
held a proxy from James Forester. lie
the recent meeting of the
stockholders and had a proxy and a
power of attorney from Mr.. Forester.
power of attorney was from Mr.. |
Forester to Mr.. Heinze n the witness |
had been substituted for Mr.. Heinze. He
could not say just when he
purchased the stock. but the date of
certificate was May 10. He had
given the order much earlier. He had
not at any time consented to the trans
fer of the property OF the Montana
company to the New York
but. on the contrary, had opposed 1t.
This closed the plaintiff's case. Judge
Witt, for the defense. said the de-
PENDANTS had been ordered to show
cause. which they would proceed to do
by reading affidavits. He read an affi-
davit from Alfred S. Bigelow, who STAT
ed that Mr.. Forester is a New York
attorney for the Montana Ore Purchas-
ing company, and Mr.. McGinniss is
vice president of the same
There Is much litigation pending be-
tween the companies. The directors of
the Boston and Montana company con
sidered ii proper to reincorporate un-
der the laws of the state of New York.
This was not Ion for the purpose of
consolidating with the Butte and Bos-
ton company. l. was proposed TO
give share for share of the New York
company for the Montana
Bigelow denies that the Butte and
Boston company is fnsolvent. Its stock
s quoted at about SEA per share, and
y b1o ~ "a e8afh oii' o"No IA, 4
money except its mortgaged indebted
ness. Mr.. Forester became a stock
holder in the Boston and Montana COM
pany on April s. The stock was then
quoted at $l75. and now, June 7, 1t is
1910. Mr.. McGinniss became a stock
holder May Is. when the stock was
S194. OF 1.s77 stockholders. near
Y all live in the Feast or abroad. Only
/ few more than 200 are held in Mon
The directors own only 4 per
,ent of the stock of the ompany /
Judge De Witt also read a record OF
he proceedings in Boston, similar to
hose here. before Judge Richardson.
brought by James Forester. when the
was against the plaintiff.
After some further a~fidavits had
,een read the case was closed. and the
was consumed in arguments
~ the counsel.
Judge Mediation had not completed his
rgument when court adjourned. The
rguments Will be resumed this morn