The Anaconda standard., 1899-04-11
NO STANDING IN COURT
The B. & M. in Contempt Since
Last December.
THE MOTION TO VACATE
The Order Appointing Receiver Over.
ruled by Judge Clancy Con-
tempt Matters Win Be
Heard Thursday.

Judge Clancy yesreyday morning
overruled the motion to vacate the or
der appointing Thomas R. Kinds as re-
ceiver of the Boston & Montana COM
pany 1t was a foregone conclusion
that he would. He did more than that.
He declared that the Boston & Mon
tana company had no standing in court;
10th of last December and therefore
was not in a position to ask anything
of the court, and the Judge declined to
permit the defendant to file a supple
mental answer to show il had done all
it could to remedy the cause of the
plaintiffs complaint, and that no rea-
son longer existed for the appointment
of the receiver.
The contempt matters, which had
been set for hearing this morning, were
continued until Thursday, because the
attorneys will have to attend the su-
preme court to-day. Judge Clancy
opened his court yesterday morning
just long enough to pass on the recelv-
ership motion and then adjourned for
the day. AS soon as the clerk had read
the court minutes, Judge Clancy, re-
ferring to the receivership motion.
which had been argued and submitted
to him last week, said;
well, gentlemen, at this time I will
announce that will give a decision in
case 1887. James Forester and John
MacGinnis against the Boston G. Mon
tana Consolidated Copper and Silver
Mining company, in the matter of the
hearing of the motion to vacate the ap-
pointment of the receiver, and that mo-
tion is now by the court overruled.'
Mr.. Forbis-To which ruling of the
court defendants desire to enter their
exception.
The Court-Another matter for de-
cision this morning is in the same case,
1887. Forester and others against the
Boston & Montana. asking leave to file
a supplemental answer. In this mat
ter. gentlemen, / have thought it over,
and when you presented this matter
you were here in defiance of the orders
of this court and with charges of con-
tempt standing against the officers of
the defendant in this case, and as you
are well aware, it is one Of the plain
rules of equity that, before you can
come before the chancellor in an equity
case, YOU must come with clean hands
and clean parts, and you can't have
any standing in the presence of the
court if you have not, and therefore l
will not allow this supplemental an
sWer to be filed.
Mr.. Forbis-To the ruling of the court
the defendants desire an exception.
Judge De Witt--Dd your honor no.
tice that at the time when that notice
was filed there was no charge of con-
tempt?
The Court know, and I understand
the CAGE.
Mr.. Corbett-There was a charge filed
on December 16.
Mr.. Scallon-That was against the
New York company.
Mr.. De Witt-And no service and nc
pretense of service.
The Court know, but the very fac,
of offering it was contemplate and un-
becoming. You offered it without any
regard to the appointment of the mar
acting as receiver: you ignored him
tried to run around him.
Mr. De Witt-Was there a man act
ing at that time?
The Court-He was qualified in the
eye of the law; he was the receiver
Mr. De Witt-Then your honor makes
this ruling on the ground that we wert
in contempt at that time2
The Court-Yes, sir; and at this time