Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-06
The HEARING
AT AN END
The Judge Will Render a De-
CisiOn in a Few Days.
MOTION TO RAISE THE BOND
From 100000 to 100000 Will
Be Taken Up Saturday--Em-
plOyes Are Anxious
MOTION TO RAISE THE BOND

Il will take This matter under advise
ment for three or four days. 1t Is an i'm
portaht one
These were the words used by Judge
Clancy this morning at the conclusion OF
the hearing of the motion to discharge
the receiver in the case of Forester n
MacGinns against the Boston & Montana
Mining company and settled for a feW
DAYS at least the legal controversy over
the receivership business.
When court convened, the absence of
the five stalwart custodians of the COM
papv's books was noted, which fact in
itself was sufficient to give forth the inn
preston tina the battle which had been
in progress all week was about at an
INC
"Gertlemen are you ready to pro-
ceed?" asked the judge.
I'VE are ready to submit the matter to
the court without argument,'
Mr.. ForbiS.
VERY we'll. How is it with you gen.
tlemen." said the judge, addressing the
attorneys for the plaintiffs.
I'VE have no argument to make re-
sponded Mr.. Mediation.
The Judge then settled back in his chair
and announced his readiness to hear the
motion to increase the bond of the re-
ceiver from 800. 900 to 81, 900, 900.
In that matter" said Judge Dixon.
the testimony would Of course be thS
same as that just submitted and it a be
. argued"
Judge w. Y. Pemberton and John Nc
! Clernan appeared for the receiver and
each spoke in turn. The former stated
! that the court had been fully advised and
that in view of the fact that the receiver
had not succeeded in getting hold of the
property an increase in the amour of
p FL l,l,,l -1,,l ca,,-a No ,,,ynnca EhThiS
court knows that an attempt is being
made to prevent the receiver from get
ting possession of the property" said he.
do they want him to give 50, 000, 900 to
see these people barricade the property? l
think that under the circumstances $780,
900 is sufficient. When these gentlemen
cease their resistance to the process of
law and the receiver has possession it
will be time enough to ask for an in
crease"
Attorney McClernan said the only law
of which he was cogniZant in connection
with the matter was that the court
should have due regard for the property
entrusted to it. He expressed the belief
that under present conditions 800, 600
was sufficient, but the receiver was ready
and willing to give such amount as the
court might deem necessary. In n of
the afiidavits it had been shown that the
net output of the property was ST., 900 a
day. The 500, 900 bond would cover a
period of six days at this rate and then
if the attorneys for the defendant so O.
Sire they could enter court and ask for
an increase in the amount.
Then YOU submit the case do you,
g~entlemen?' asked the judge.
Yes. SIR
well, I'll take this matter under adj
visement for three or four days. 1t is an
important one. Mr.. Shay, You can ad-
journ court.
There is another matter to be dispos-
ed Of said Attorney Mediation. 1T is
the order served by this court on the
two deputy sheriffs who refused last SUM-
day to turn the Mountain View mine over
to the receiver"
Judge Dixon suggested that it be post
pOned until Saturday morning and. the
other side 2onsenting, the Judge request
ed that it be placed on the motion dock.
ct.
During the entire hearing the cour,
room was crowded with employees of the
company who We're interested becaust
the properties are in a state of inactiyit,
and they are consequently out of work.
After John MacGinnis had finished hi:
, testimony Yesterday afternoon Unde,
Sheriff Murphy was called to the stan(
and asked what effort he had made tt
serve the attachment papers on C. S
Batternan, Frank Klepetoko,G. NJ Hyam!
, Joseph Vivian, c. r. Davis, Richarc
, Dave. John r. Miles, Z. H. Durshea an,
others. In answer Mr.. Murphy said tn.
t usual search had been made by deputie!
and himself, but none of the men coult
be found.
e Deputy Sheriff O'Neill testified that h.
had looked for them in the city and ais,
watched some of their houses for hour!
without successful results.
During the proceedings Attorney Seal
J lon offered to sanction the entering of
judgment in favor of the plaintiffs 70
everything to which they would b. en-
/ titled on a final hearing. He said h
would not oppose the issuance of an orde
perpetually enjoining the Montana com
pany from transferring the property t.
the New York corporation and compel
0 ing the latter to transfer the propert
0 back to the Montana company and order
0 ing a complete accounting. The offe
0 was made in the shape of a motion, tn
0 gist of which was as follows:
Defendants in the above entitled ac
ton hereby offer and consent tO ALLOW
judgment and decree to be taken and en-
tered against them forthwith in the abov
entitled action perpetually e%njOinin;
them from voting, either in person or b.
proxy, or as proxy or agent or attorne
for any other person, and from allowini
to be voted, in person or by proxy, an,
shares of the Boston Montana Consoli
dated Copper and Silver Mining cornpan
at any meeting of the stockholders of tn
company held, or TO be held or at all. i
favor of selling the whole or any part O
, the property of said corporation or at
tempting to convey the mining propert
of the Montana company to the NeN
: York company or any part thereof; an
also nerpptually aniOinin@ the defendau