The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-17
A Writ OF PROHIBITION
Text of the Document Served on
Judge Clancy.
A FEELING OF INDIGNATION
Against the Parties Who Are IRVING tic
Wreck the Boston & Montana,
No Further Steps Taken by
Them Yesterday,

The writ of prohibition issued by the
supreme court late Wednesday night
had quoting effect yesterday on those
who are making the reprehensible fight
on the Boston & Montana Mining COM
pany. Receiver Kinds made no further
and the mines were running as usual.
The persistency of the parties who
would wreck the big company if they
could has aroused very general and
decided feeling of indignation in Butte
against them, and this sentiment is;
growing as the true inwartlness and
spitefulness of the fight becomes known.
1t was nearly 2 O'Clock yesterday
morning when the writ of prohibition,
issued by Chief Justice Brantly of the
supreme court, was received in Butte by
telegraph. The writ, which was served
on Judge Clancy and Receiver Kinds
early yesterday morning. reads as fol-
lows:
In the supreme court Of the state of
Montana: The state of Montana ex
rel. Boston & Montana Consolidated
Copper and Silver Mining company,
plaintiff, VS.. Second Judicial district
court of the state of Montana, in and
for the county of Silver Bow. and
THOMAS r. Kinds, receiver, defend
ants. The state of Montana to the
Second Judicial district court of the
state of Montana, in and for the coun-
ty 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 & Montana Con-
solidated Copper and Silver Mining
company. the relator above named. and
the party beneficially interested therein,
that in certain cause now pending in
said district court, wherein James For
roster and John MacGinnis are the
plaintiffs and the Boston 6, Montana
Consolidated Copper and Silver Min
ing company. the relator herein, and
others, are defendants. Thomas r.
Kinds was, on the 18th day of Deem
Der, 1898, appointed a receiver of the
said relator and of all its property and
effects, and that afterwards, on the 2Tth
day of February. 1899. the said reIator
herein filed in said cause and served
upon the attorneys for the plaintiffs.
therein motion to vacate said order
appointing said receiver, and also it's
ihotlOll 10 stay proceedings under the
order appointing said receiver, and
which said motions We're set for hear
ing on the 4th day of March, 1899 at
which time the same We're by said dis
trict court continued for hearing until
Thursday, the 9th day of March, 1899.
and which motions were against the OBJ
jections and consent of the said relato1'
continued until Saturday, the 18th day
of March, 1899, the said district court
refusing to hear or determine the said
motions or to take any evidence there
on; and that on the 14th day of March,
1899, the stay heretofore granted by this
court, forbidding said receiver to take
possession of said property, having ex-
pired, and the ramttitur 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.
1892 and that the said district court of
Silver 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
order appointing said receiver; and it
appearing that the reasons which justi-
fed the appointment of said receiver