The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-06
BUTTE NEWS.
ATTORNEYS DO NOT AGREE
&sk8&F III
r. j. Walsh and j. L. Wines En-
gage in Setto in Court Room.
DEFINITIONS OF WORDS
Heated Argument in the Case of Rueger
va the Kenyon-Connell Company.
Judge Clancy Takes the Mat
ter Under Amusement.

The arguments in the case OF Emma
l.. Rueger against the Kenyon Conneii
Commercial company and Its manag-
ing officers was concluded yesterday
afternoon before Judge Clancy, and the
court took the demurrers under ad-
visement. The proceedings yesterday
were marked with somewhat sensa-
tional and rather personal clash be-
tween the opposing counsel t. j, Walsh
and J. L. Wines, the former appearing
for the plaintiff and the latter for the
defendants MIR. Walsh took up the
greater part of the day in replying 10
Mr. Wines arguments of Tuesday. he
explained that the purpose of the action
was to close up the affairs of the corpo-
ration. For this purpose, the pialntin
asks that the defendants account for the
property of the corporation ana that a
receiver be appointed with power to sue
on behalf of the corporation upon any
causes of action which such accounting
may disclose to exist in favor OF the
corporation and against its trustees by
reason Of the negligent or wrongful acts
of such trustees, whereby the property
of the corporation has been misappro-
priated or wasted. or destroyed, and
to apply such property when collected.
first, to the payment of the claims OF
creditors of the corporation, and. sec
ond, 10 distribute the surplus remaining
TO the stockholders Of the corporation.
The receiver asked for was appointed
about d week ago on the hearing, on
the return of a citation issued in The
case. The demurrers interposed sought
TO raise the question of the right OF
plaintiff to an accounting, Mr.. Walsh
said that the individuals who hold the
offices designated by statute as trustees
hold the relation to the stockholders OF
the company of equitable trustees, that
the money invested by the stockholders
in the company Is a trust fund, with
the management of which the trustees
arc charged. and that in the discharge
of such duties they are bound To the
utmost fidelity. They are bound also by
reason of this fiduciary relation to rem
der an account to such stockholders. IS
TO the manner in which such found has
been used and as to what has become
of it,
Mr.. Walsh cited many authorities in
support of his views of the case. Among
others he referred to an equity rule of
the United States supreme court, known
as rule No. 81, and, in speaking about
II, he remarked, turning to Mr. Wines.
that he would give that gentleman the
credit of not being familiar with the
rule Several times during Mr.. Walsh $
argument. Mr.. Wines interrupted and
corrected him. AT one point in the argu-
ment Mr. Walsh attempted to define the
word relief" as 1t appeared in Mr.
Wines demurrer and spoke of it as If 1t
related to the prayer" of the COM
plant Mr. Wines interrupted him again
TO say that the word RELIEF referred to
allegations in the complaint and not to
the prayer.
Perhaps | don't understand the
English language" said Walsh. and
then he read the demurrer over and
again argued that relief in ordinary
than prayer as it applied to the ques-
ton at issue.
.rll admit right here" said Mr..
Wines, that no one knows anything
but yourself I'll plead guilty to that"
Mr.. Walsh made no reply, but before
he concluded his argument he made
several more sighting illusions to Mr..
Wines law references.
When IL came Mr.. Wines time to
reply he arose in evident anger. When
ever | desire any information regarding
the equity rule referred 10 by the gen
teman / will call on him for IT. he
said, and when / need any advice from
him as to the law or my duty | will
ask for it. but / require none from him.
and / hurl back in the gentleman S
teeth the insult he offered in the same
spirit that It was given. That's what
mean"
Mr.. Wines further said that he had
as it was not usual for him To renly To
nothing. and but for certain cireum-
stances he would have kept his seat al
the conclusion Of Mr.. Walsh,s address.
"What he Is pleased 10 term an areu-
gent is of no weight at ALL" said Mr.
Zines. It's as idle as the winds that
blow and should have no more weight
with the court.
Mr. Wines declared that Mr. Walsh
had endeavored to impose on the couri
by giving a wrong construction and
meaning to a certain section of Law
which he had quoted relative 10 trus.
tees, by trying to make il appear thai
the trustee referred TO in the law meant
an officer of a corporation. when in fac
II related TO a trust created by con
tract.
HE ought to know that. but ! admi
that probably he does not concluded
Mr.. Wines.
At The close of the arguments Judg,
Clancy took the matter under advise
ment. and said he would give a decision
at some future time.
TOBACCO AND ITS TRIALS.