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

Another sensational suit for the ap-
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 annulment Of the deeds by
which the property vas transferred to
the New York company and for a dis
solution of the Montana company and
a 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 & Montana Con-
solidated Copper and silver company.
a Montana corporations; the Boston &
Montana Consolidated Conner and Sill
yer Mining company, a New York cor
poration: Albert s. Bigelow. Leonard
Lewisohn. Charles Van Brunt, William
]. Ladd, Joseph 8. Bigelow and Joseph
@. Ray. The attorney for O'Conner Is
Charles r.. Leonard Of Butte. 1t seems
20 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-
Miss. in which a receiver was appointed
on an ex parte application, but In
which further proceedings were en-
Joined by the supreme court. an appeal
having been k 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 O'Conner Ease and made IL 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-
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 a capital stock consisting
of 1900 o 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.
IL acquired numerous and valuable
mines, smelters, etc, Of the value of
about $50, 600. 900. inc was but little in
debted. For 1897 II had a net income
from its business of s3.016, 1861 S, and
paid dividends to stockholders amount
ing to $12 a share and had in Its treas
ury a large amount of money. On the
9Th OF last April the defendants. con-
~stituting the board of directors or trus-
tees OF the Montana company, without
right and without notice to the stock
holders. wrongfully N unlawfully and
without the consent OF the stockholders
caused to be executed in the name OF
the Montana company a deed OF con-
veyance to the New York company,
conveying all the property, franchises,
rights and assets of the Montana com
pany and caused all said property 10
be delivered to the New York company
without any consideration being paid
therefor. The property so conveyed
was of the value of $50. 900. 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 a the deeds recorded
Thereafter the individual defendants
through Albert s. Bigelow, as president
of the Montana company. procured tn,
consent of the holders of 131. 900 share:
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
hat date. continued in possession of al
the property and has claimed to be en-
titled to hold and operate IL, and ha,
been engaged in mining and ~extractin,
large quantities of ore since the 9Th o
April. the directors asserting theret,
The New York company never had an,
right or title to the property n is nov
and eve since II took possession of I
has been a trespasser upon the right