The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-25

the 1o-acre premises included in the
contract as outlined In the map in evil
dence. He said there was a similarity
between concentrates and Stag. and
that there vas such a thing as FIRE con-
centration and hat Stag sometimes IL
called tsilings. especially 80 In Anacon-
da. where the Stag from the smel.ers
Is graduated and carried on by water.
He interpreted the word metallurgy"
as meaning the separation of metal
from the ores by fire process. He didn't
consider the Century Dictionary cor
rect in the matter of metallurgy. yet he
recognized IL as an authorfty-it was
simply a matter of a difference of opin-
ion or that subject. He never heard
the term ''metallurgy" used in connec-
ton with the process Of water and
crushing treatment of ores.
Judge Knowles yesterday rendered a
decision on the application OF the
Tootle-Weakley Millinery company for
a writ OF replevin VI order to show
cause to NJ. Genzberger. trustee of the
Altman bankrupt stock In this city.
Several weeks & Sam Altman, pro-
prietor of the Peoples store on Main
street was. under the provisions of the
law governing such cases. declared a
bankrupt. A few days later the mil
linery firm OF Missouri began a suit to
recover sos. 80, which was the amoun
diltktb " w u " bft 49,
To the bankrupt. IL was complained
tina the firm has sold the goods under
Recommendations as TO the financial
standing Of Altman. and the court was
asked to issue an order commanding
the trustee to deliver up the goods sold
on that misrepresentation. The apph-
cation was denied principally. the court
stated. pon III strength OF a decision
of the supreme court OF the United
States in the case OF Eyster VS.. Thomas
GAIT tsupreme court reports. $685.
book 23).
In deciding that case. Judge Miller
said:
THE opinion seems to have been
quite prevalent in many quarters at
one time that the ome a man In
declared bankrupt. the district court
which a so adjudged draws To itself
by that act not only all control Of the
b~ankrupt's property and credits. but
thai no one can litigate with the as
signee contested rights in n other
court except in so far as the circuit
courts have concurrent jurisdiction and
that other courts can proceed no fur-
ther in suits of which they have had.
at that time. full cognizance and II
was a prevalent practice to bring any
person who contested with the as
signee and matter growing out Of dis
puted rights of property or OF con-
tracts. into the bankrupt court by the
service of a rule to show cause and TO
dispose OF their rights In a summary
way. This court has steadily set It's
face against this view. The debtor OF
a bankrupt or the man who contests
the right "a cal and personal prop
erty with him loses none OF those rights
by the bankruptcy OF his adver-
sary."
Judge Knowles. in his opinion. said:
81 think this will apply In this case.
and I see no provision In the bankrupt
law that would authorize a court. In a
way. to TAKE up these mat
tiers and dispose of them. The only
clause, Il is claimed. that might have
the effect of changing the law as IL
was before Is the seventh clause. winch
saws hat bankrupt courts may cause
the estates Of bankrupts to be collected.
reduced To money and distributed In
relation thereto. / think, however, ~
would have to he by regular suit and
that YOU cannot come into court n
make a matter an equity matter tina
If not an equity matter. IL IL Is a law
matter you have To resort to law RENE
dies. do not see that the provisions or
the law would change this rule"