Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-16
KINDS FAILS
/. TO GET HOLD
Of the Property of the Boston
& Montana Company.
HE MAKES THE ATTEMPT
The Supreme Court Takes a Hand in
the Proceedings and Calls
a Halt.
MAKES THE ATTEMPT

The supreme court remittitur in the
matter of the Boston and Montana Min
ing company receivership case was filed
in the district court at 5 o'clock yester-
day afternoon and Immediately there
after Thomas r. Kinds, the receiver APP
pointed by Judge Clancy, in company
with a policeman or two, attempted to
take possession of the $50. 900, 900 worth of
property belonging to the company.
When proceedings in connection with
the action We're heard last Saturday the
attorneys for the Boston and Montana
gave notice that they would, as soon as
the remittitur arrived, move for a stay of
proceedings pending the hearing of the
order next Saturday to discharge the re-
ceiver, but the other side would not ac-
cept it as legal and gave notice to that
effect. When the remittitur was filed the
Boston and Montana people importuned
Judge Clancy to order the stay, but the
judge refused. They then asked that the
receivers bond be increased from $500, 900
to 50, 900, 900, but this, too, vas denied
them, the judge stating that he would
take it up Saturday.
This vas about the end of the effort on
the part of the defendant to secure what
it considered it's right in the matter, and
the other side stepped up for an inning.
John j. Mediation, one of the representa-
tives of Forester and MacGinnis, the
plaintiffs in the action, presented two
afiidavits made by Thomas r. Kinds and
asked that John F. Forbis, L.. o. Evans,
Judge William Fl. Dewitt and Louis
Marshall, all attorneys for the company,
be cited into court to show cause why
they should not be punished for alleged
~ tDx,op i alec or1yoI that 1T
Hyalns, general agent for the company;
J. III. Vivian, the Montana agent; c. S.
Batterman, the engineer; G. r. Davis,
r. TIT. Dunshee, John H. Miles and Rich
ard DAVE, superintendent at the various
company mines, be cited to line up with
the other gentlemen. The court granted
the request and issued a citation COM
handing them to ppear before him Sat
urday morning.
All his came about through the refusal
of the representatives of the corporation
to allow Kinds to take hold of the prop
erty a few minutes before. When the re-
ceiver went to the general office to run
things a few days he found the doors
locked and the windows barred. Then
he visited the mines and found them
inaccessible. SO he made the ~affidavits.
Finding that they could do nothing in
the district body the attorneys for the
Boston and Montana at once appealed
to the supreme court for a writ of pro-
addition, which was granted, and at 1880
o'clock it was telegraphed to this city.
At $3.50 o'clock this morning it was served
on Judge Clancy by Deputy Sheriff
Aware. The judge was reading a morn
ing paper at the time, but when the docu-
ment was handed him he stopped long
enough to examine its contents. Then he
proceeded with the paper.
The writ is as follows:
Tn tho c1Jnrpna court or the state OF
Montana: The state Of Montana ex rel.
Boston & Montana Consolidated Copper
and Silver Mining company, plaintlff, VS..
Second Judicial district court of the state
of Montana in and for the county OF ST.
YER Bow, and Thomas r. Kinds, receiver,
defendants. The state of Montana to the
Second judicial district court Of the state
of Montana in and for the county Of Silver
Bow and to Thomas r. Kinds, receiver,
greeting:
Whereas, 1t manifestly appears to us,
by the affidavit of Ransom Cooper, on the
part Of the Boston and Montana Consoli-
dated Copper and Silver Mining company,
! the relator above named, and the party
beneticially interested herein, that in a
| certain cause now pending in said dis
trict court. wherein James Forester and
! John MacGinniss are the plaintiffs and
! the Boston and Montana Consolidated
Copper and Silver Mining company, the
/ IpldlOI IGIGlIl. IL llS oIS
! ants, Thomas r. Kinds was on the 18th
day OF December, 1898, appointed a re-
ceiver of the said relatOr and of all it's
property and effects, and that afterwards,
on the 9th day Of February, 1899, the
said relator herein filed in said cause and
served upon the attorneys for the plain
tiffs it's motion to vacate said order APP
pointing said receiver, and also its mo-
ton to stay proceedings under the order
appointing said receiver, and which said
motions were set for hearing on the 4th
day of March, 1899, at which time the
same were by said district court contin-
ued for hearing until Thursday, the 9th
day of March, 1899, and which motions
were against the objections and consent
of the said relator continued until Satur-
day, the 18th day Of March, 1899, the said
district court refusing to hear or deter
mine thereon, and that on the 14th day
Of March, 1898, the stay heretofore granted
by this court, f~orbidding said receiver to
take possession of said property, having
expired, and the remittitur from this
court having been filed in the office of the
clerk of the district court of said Silver
Bow county on the 18th day of March,
1899, and that the said district court Of Sill
Yer Bow county and said Thomas r.
Kinds, receiver, are now attempting to
take forcible and violent possession of the
property of the said relator before the
hearing of said motion to vacate the or
der appointing said receiver: and it ap-
pcaring that the reasons which justified
the appointment of said receiver have
since ceased to exist, and that there is
now no longer any necessity or occasion
therefor or for tine said receiver taking
possession of the property or control of
the business of said r~elator; and that
your refusal to hear and determine the
said actions and each of them was and is
wholly unjustifiable and an abuse and ex-
ecessiNe and unauthorized annlicatinn of