The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-07

court had no jurisdiction. and that
| Kinds affidavit did not allege facts
| that constitute contempt. Similar mo-
| tons were also filed in the cases OF
| Judge De Witt, John F. Forbis and l.,
| Q. Evans, the defendants attorneys,
who have also been cited to appear and
| show cause why they should not be
| punished for contempt. The motions
| will be heard first.
| The writ of assistance ordered issued
| by Judge Clancy was made on the atti-
| davit of Receiver Thomas r. Kinds.
| In his affidavit Kinds says he is the
| duly appointed receiver under an order
| of the court made on the 18th of last
December, and that on the same day
he made demands for the property on
| Joseph H. Vivian. and also served no.
| tees on other employees of the compa-
ny having in their possession and I'M
der their control mines and mining
property of the defendant. Again, on
the same day. he made another dema nd
on Nh Vivian and also on G. NJ. Hy-
ans. the general agent and manager of
the defendant. He also demanded the
possession Of the Leonard mine from
c. r. Davis. who was then in charge of
it as foreman All the demands were
peacpably made for the purpose of car
rying out the orders of the court ap-
pointing him receiver. Further de-
mands We're made an Hyams on March
81 and April l. The receiver also went
to the Leonard, Colusa' and Mountain
View mines for the purpose of taking
possession, but the defendant, by it's
agents. refused to comply with his de-
mands. He further says that the gen
eral office of the company was closed
on March q and has remained closed
ever since and has not been open to any
hrSinnss with tho ,11h1in n
with the defendants affairs, and the
receiver has been unable to get posses
sion of the books or property belong
ing to the defendant and contained in
the office. On the first of April the de-
PENDANT, through its agents, foremen
and superintendent, closed down and
suspended mining operations in all of
its mining properties and they have
ever since remained closed down. The
defendant has caused to be barr.c1ded
the doors and entries to the shaft
houses and other buildings at its sew
eral mines, particularly at the Leon
ard, Colusa and Mountain View mines,
and it has employed number of armed
men to guard the mines for the purpose
of preventing the receiver from taking
possession of them and operating them.
None of the superintendent, general
agents or mine fOremen Of the defend
county or IN the state of Montana. so
far as the receiver has been able to as
certain Several orders to snow ca use
have been placed in the hands of the
sheriff for service on those parties and
the orders were returned, showing that
the sheriff has been unable t o find any
of the parties against whom the orders
were directed. Warrants for the arrest
of c. S. Batterman. J. Fl. Vivian and
G. M. Hyams We're also placed in the
hands of the sheriff and have not been
served. Continuing on this subject .he
receiver says: The affiiant. being in
formed and having reason TO believe
that the sheriff of Silver Bow county
was biased in favor of the defendant
and of the parties last above named,
and did not make diligent effort to
serve said citations and warrants of
attachment, procured an elisor TO be
appointed by the judge of said court
and a warrant of attachment issued to
him directing that he arrest said last
named persons. Said order was grant
ed by the judge Of said court at cham
bers and placed in the hands of said
eisor. and the fact that it has been
issued was known only to the affiiant
the judge of the court, said elisor. and
few other persons, and said elisor