The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-14
UNITED STATES COURT
Equity Proceedings Involving
Rights to Sage Greek.
THE DECISION RESERVED
Lymon's Case Against Hauser, Selig-
man, Parchen and Hotter Begun.
He Asks for the Appoint
ment of a Receiver.
Special Dispatch to the Standard.

Specfal dispatch 10 the otdnudru.
Helena, April 13.-The case of Thomas
n. Howell VS.. Thomas Johnson ct al, on
equity proceedings involving riparian
rights to Sage creek, a stream that flows
from Yellowstone county into Wyoming,
was argued before Judge Knowles to-day
on a demurrer. The case presented novel
features. since the plaintiff resides in one
state and the defendants in another, while
the matter at issue. the water in the
stream, runs through both states.
Howell, who lives in Wyoming, claims
a prior right to several hundred inches or
the water of Sage creek, and enjoyed the
same until a few years ago, when the
defendants began using the water above
him i'm Montana. Just how he was to
proceed against them to protect his
rights has been something of a puzzler,
which the present suit. instituted IN the
federal court may decide. Judge Knowles
reserved his decision.
The afternoon was devoted to hearing
| the application for the appointment OF a
receiver and an injunction In the case or
Frank Lymon VS.. the Helena and LIVING
ston Smelling and Reduction company,
the Livingston Coal and CoAe company
and S. II. Hauser. A. J. Seligman, II. Nj.
Parchen and A. NJ. Hotter. trustees. Mr..
Lymon. who lives in New York, Is a
heavy stockholder i'm the Helena and Inv
ingston company, and he claims I'm his
bill of complaint. filed recently. that the
affairs of the company have been man
aged i'm such a manner for a year or so
that he has not received the dividends he
should. He accuses the defendants OF d.
yerting the profits of the company into
other channels by branching out into en-
terprises having no connection with the
smelling of ores. He asks for the appoint
4, raanixrnr IN manage the Cnn-
pany's affairs and an Injunction to re-
strain the defendants from transferring
selling, disposing. pledging or paying out
any more money of the company unth
an accounting can be had. One OF the
most profitable assets of the company just
az present is a large block of stock. about
40 per cent. in the United Refining and
Smelling company. more
known as the East Helena smelter.
w. II. De Witt. of counsel for the
plaintiff. read the long bill of complaint
i'm the case. a synopsis of which appeared
i'm the -.andard, and called A. j. Selig-
man, the secretary of the company, 10
the stand TO testify concerning the min
utes of the various meetings or the COM
pany and other matters. There is quite
an array of counsel on botn sides. The
case will probably not be concluded to-
morrow.
Several months ago the United States
district attorney began actions against
a number of people living In Teton coun-
ty for illegally fencing the public do
main. To-day the district attorney and
w. G.. Downing of Great Falls. attorney
for the defendants. filed a stipulation that
a decree be entered against the defend
I ants and n stay of execution until June ]
be granted in order to give them time to
remove Tie fences. The court made an
order to L.. effect The defendants In
the action are J. A. Buskirk. Benson
English. Mrs. Benson English. Timothy
Conner. r. ID. Anderson. James Mannix-
]. r. Leach. EDWARD Genear and T. Sal
Wis.