The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-01
ANOTHER SENSATIONAL SUIT
IN THE B. & M. LITIGATION
It Asks for Injunction Against the New York Corpor
ation for the Removal Of the Directors, Dissolution Of
the Montana Company and a Sale Of It's Property.

Another sensational suit for the APP
pointment of a receiver for the Boston
& Montana Mining company, for an in
junction against the New York corpo-
ration of the same company, for the
removal of the directors and trustees,
for an annulInent of the deeds by
which the property was transferred to
the New York company and for a dis
solution of the Montana company and
sale of its property by the receiver
was yesterday brought in Judge Clan
cy's department of the district court.
The plaintiff in the case is Burdette
O'Conner Of New York, a stakeholder
Of the company, and the defendants
named are the Boston g. Montana Con-
solidated Copper and Silver company,
a Montana corporation, the Boston &
Montana Consolidated Conner and Sill
yer Mining company, New York cor
Lewiston, Charles Van Brunt, William
J. Ladd, Joseph S. Bigelow and Joseph
q. Ray. The attorney for O'Conner Is
Charles r. Leonard of Butte. 1t seems
to be apparent from the nature of the
allegation of the complaint that the
suit is intended, to attain the same re-
suits sought by the recent suit brought
by James Forester and John MacGin-
Mss, in which a receiver was appointed
on an ex parte application, but in
which further proceedings We're en-
Joined by the supreme court, an appeal
having been taken on the ground that
the proper legal notice of the applica-
ton had not been given. The appeal is
set for hearing on the 9Th of the present
month. Judge Clancy yesterday after
noon issued an order to show cause in
the OConner case and made it return
able on the 9Th of this month.
In his complaint O'Conner states the
facts relative to the incorporation Of
the Montana company and the subse-
quent incorporation of the New York
company, and that Bigelow and the
other individual defendants comprise
the board of directors or trustees. Con-
tinuing, the complaint alleges that the
company has capital stock consisting
of 100000 shares of the par value of $25
per share. of which the plaintiff owns
so shares. The company was incorpo-
rated in June. 1887, for a term of 20
years. Since the date Of the incorpo-
ration and up to the 9Th of last April,
1t acquired numerous and valuable
mines, smeHers, etc, of the value of
about $50, 100000, and was but little in
debted. For 1897 it had net income
from its business of $3,016,436.9S, and
paid dividends to stockholders amount
ing to $l2 a share and had in its treas
ury large amount of money. On the
9th of last Aeril~ttlle defendants con
stituting the board of directors or trus-
tees of the Montana company without
right and without notice to the stock
holders. wrongfullyt and unlawfully and
without the consent Of the stockholders
caused to be executed in the name of
Of
Veyance to the New York company,
conveying all the property, franchises,
rights and assets of the Montana com
pany and caused all said property to
be delivered to the New York company
without any consideration being paid
therefor. The property so conveyed
was of the value of $50, 000, 900, and in
cluded numerous valuable mines and
mining properties in the state of Mon
tana which had heretofore been oper-
ated by the Montana company at great
profit to itself and stockholders The
New York company accepted the prop
erty and had the deeds recorded.
Thereafter the, individual defendants,
through Albert S. .Bigelow, as president
of the Montana company. procured the
consent. of the holders of 131, 900 shares
of the stock to execute another deed
and on May 81 the board of directors,
assuming to act for the Montana com
pany, made the conveyance to the New
York company and the latter has, since
that date, continued in possession of all
the property and has claimed to be en-
titled to hold and operate it, and has
been engaged in mining and extracting
large quantities of ore since the 9th of
April, the directors asserting thereto
The New York company never had any
right or title to the property and is now
and ever since it took possession of it
has been a trespasser upon the rights