The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-09

Boston d Montana company, and r.
Aug. Heinze and his attorneys are VIC
torious in the greatest legal battle ever
fought in the courts of the state of
Montana.
How long the receiver will remain in
possession will depend upon the action
of the supreme court, when the mat
ter will again come before that body
next Monday and Tuesday. The prop
erty was peaceably surrendered to Mr..
Kinds at 1 o'clock yesterday afternoon,
after the attorneys for the Boston &
Montana company had heard from Hell
ena that the supreme court had again
refused to grant further stay, and
they had realized that they had
reached the end of their resources in
the effort to keep the property out of
the hands of the receiver. Kinds at
once took steps to assume active con-
troll of the properties and to resume
operations by appointing a force of as
sistants, and according to the plans he
announced yesterday work at the mines
and smelter in Butte and at the smelter
in Great Falls will be resumed, under
his direction, next Monday or Tuesday.
He appointed Col. James T. Stanford
of Great Falls to succeed Frank
Klepetko as general manager of the
business in that city. Colonel STAN
ford is brother-in-law of Hon. w. G.
Conrad and one of the receivers of the
Northwestern National bank
The Appointments.
Jerry j. Harrington, late deputy
1r1,fSy rn lc.11r ar, Nv
appointed temporarily to take charge
of the Butte office to succeed Joseph
HI. Vivian. A number Of well-known
mining men were appointed foremen
for the different mines. John CroWl
was put in charge of the Pennsylvania
Joe Henworth of the Mountain View
| P. C. O'Neil of the Leonard and Martin
Buckley of the West Colusa, and each
| went to work yesterday afternoon to
| take a list of the men who have been
| employed at those hines and all will be
| given the preference for places when
| Receiver Kinds starts the properties
| into operation. How he will do that is
| not known, and it may take longer
| than he anticipated yesterday. 1t is
! stated that there are few If any sup
| plies on hand, and he has no funds at
his command He may have some
| trouble in getting cars or inducing the
| Great Northern to transport ore from
| the mines to the smetters as long as
there is a chance for dispute or litiga-
ton which might also involve the rail
| road company. In order to pay ex-
penses of operation, Mr.. Kinds will
| have to issue receivers certificates and
| he will have to get authority from the
| court to do that, and then he may have
| trouble in getting creditors to accept
| them. All these contingencies will have
to be met and they may serve to de-
| 80 %t,c
properties.
| Before Judge Clancy.
Several matters in connection with
the receivership were being heard by
Judge Clancy yesterday morning when
! the attorneys for the Boston & Mon
tana received a telegram from Helena
informing them that the supreme court
had refused to grant a stay on the
writ Of assistance pending a hearing
of their appeal. 1t was their last hope
to defeat the receiver. and realizing
that they had reached the end of their
resources, they decided to make no fur
ther resistance and Attorney Ransom
Cooper so informed the court, and then
followed a rather dramatic and sensa-
tional scene. Mr.. Cooper, who felt that
the entire proceeding by which James
Forester and John MacGinnis secured
the appointment of the receiver was al
| UNFAIR aCClOH anu Drought with Ine III
tent and object of harassing and, il
possible, wreckin~ the Boston &, Mon
tana company could not disguise his
| feelings nor sufficiently clothe his word
to obscure his opinion of the court Ht
| declared that advantage had beer
taken of the defendants: that they were
not given their day in court: that theil
| property had been taken from then
without due process of law, and thai
| they could get no hearing from "his
honor" except on an order from the
supreme court.
Didn't Read 1t.
Judge Clancy replied with warmth
during which he made the admission
that he signed the original order fol
an injunction in the receivership cast
without reading it, as he had signed
many other orders, upon the request O
attorneys and relying upon their hon
esty. After speaking of the numerou:
appeals to the supreme court in which
the latter sustained him in his actions
he grew excited and talked about be
ing a poor man, about the action o
corporations that smelled to higl
heaven and about being slandered ant
assailed unjustly for his action in ''up
holding the majesty of the law" H
blamed the attorneys and disapprovet
of their course in invoking the aid o
the law, through appeals, to delay tn
enforcement Of his orders in the re
ownership case and said he was glat
that they had finally awakened ant
concluded to obey the law. During hi
talk he credited the defendants attor
neys with making certain statement
and agreements to turn the propert,
over to the receiver after the first hear
ing before him. and Mr.. Forbis got VI
and denied that any such statements o
agreements had ever been made.
"Well. that was my understandin:
of it." said the court.
''Then you honor is mistaken, 70
no such thing ever occurred replied
Mr.. Forbis.
The first matter called up in the E
& NJ. cases by Judge Clancy yesterda
morning was the motion to increase tn
receivers bonds, which had been sub
mitted to the court on Thursday.
II have thought this matter over.
said the judge, land I think the receiV
er should give an additional bond. an
l have concluded to require an add
tional bond in the sum of 100000. I
| be filed five dayS after the property