The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-08

the court may order the party to be
imprisoned until the writ is obeyed, and
make any orders necessary and proper
for the complete enforcement of the
writ
The motion asking that the punish
ment be imposed was signed by Forbis
& Evans, w. H. De Witt. William Seal
lon. w. W. Dixon, Ransom Cooper
William Wallace. Carpenter & Carpen-
ter, attorneys for the Boston & Mon
tana, and was as follows:
Now comes the plaintiff above NAM
ed and moves the court to impose upon
the defendant fine for disobedience
of the peremptory writ of mandate
heretofore and on the first day of
April issued in this cause upon the
ground that the said defendant has re-
fused and neglected to observe it."
Accompanying the motion were three
affidavits. One was by ]. F. For5is,
counsel for the company, in which he
recapitulated the various proceedings
undertaken by the Boston & Montana
to secure a speedy hearing and final
determination of the receivership mat
ter. Clinton c. Clark, clerk Of the dis
trct court at Butte, and G. A. BlOd-
gett made affidavit to the effect that
after announcing yesterday morning ne
would take the motions under advise
ment, Judge Clancy seems to have tax
en- day off without giving the matters
further consideration for the day, re-
gardless of the vast interests at stake
and the desirablity of a speedy decis-
ion. Mr.. Clark's affidavit was to the
effect that Judge Clancy's court adj
journed about half past nine yesterday
morning and the files, papers, records,
etc, in the receivprship cases were re-
turned to the district clerks office and
not taken out of the office
by the court during the bal
ance of the day. Blodgett's affidavit
was that he saw the judge leave the
court house at about half past nine yes
terday morning and proceed to the
wholesale liquor house of H. L. Frank.
and while he was in there. John Mac
Ginnis, one of the officers of the Mon
tana Ore Purchasing company, went m
side, remaining at least 80 minutes and
! that the judge remained in the liquor
| store and around the city of Butte until
| about half past three, when he went TO
| the court house for a short While. then
| left, proceeding westerly. The affidavit
also mentioned that the affiant belicv
| ed that the party owning the establish
ment in which the judge and the ma
| jor' had met was one of the bOndsmcn
| of T. r. Kinds. The affdavits sought
| to impress upon the supreme court that
the district judge had not been so press-
| ed for time in which to consider the
| important matters recently presented
|
| cate.
| Messrs Wallace and Cooper address,
ed the court in support of the motion to
| impose a fine, while Messrs. Cullen and
| Leonard opposed it. The feeling be-
| tween the opposing counsel was at
times rather strained, especially when
| Mr. Cooper spoke of the lower courts
| action as disgrace to the state. After
a tilt between counsel, the court order
ed them to confine themselves to those
| matters belonging to the record. Judge
| Cullen said he hoSed the court would
| grant Judge Clancy a chance to be
| heard at some time when he could be
present without taking summary ac-
| ton.
why isn't the old man here to-day?'
| asked Attorney Cooper in an excited
| manner, and again the court had to
| counsel moderation on the part of the
| attorneys. The court took a recess for
| a few minutes to consider the matter,
| Returning to the court room they an
nounced that Judge Clancy would be
| granted permission to file supplemental
returns upon the mandate. The court
| said that the return upon the motion
to increase the receivers bonds should
be in court by 2 o'clock tomorrow af~
| ternoon and the returns upon the other
| motions by 10 o'clock Tuesday morning.
| also that the contempt matter would
be postponed pending the receipt of the
returns. Chief Justice Brantly, in the
| course of his remarks announcing the
courts conclusions said:
I'VE have determined to make this
disposition of the matter; and that is
that the deferring of the determination
of the two motions to discharge the re-
ceiver and of the fling of the supple
mental answer until Monday is not an
unreasonable delay in reaching de-
termination Under the peculiar cir
cumstances of the case we think the
matter touching the bonds of the re-
ceiver should be passed upon as speed
lily as possible. and that the deferrine
of that until Monday morning is ar
, unreasonable delay, and we will require
a supplementary return tomorrow af-
ternoOn at o'clock for the court tc
show cause why he has not determined
it. We will further require supple
| mentary return as to what he has don'
with regard to other matters on tues
day morning. The conditions as WI
understand them are that all Of thes
motions have been taken under advise
ment until Monday morning. We do no
think it unreasonable so far as the mo
ton to file the supplementary answer
| and the motion to discharge the receiV
err is concerned. We have therefore de
termined to require supplementary
return tomorrow afternoon at o'clocl
|
| to increase the receivers bonds and OF
Tuesday, at 10 o'clock, as to what III
has done with reference to further con
sideration of this matter until the sup
; elemental returns come in
This afternoon Attorney Wallace, TO
the B. & M, again presented to tn
court a motion for stay of the writ o
assistance issued by Judge Clancy yes
terday that directed Sheriff Regain t
place Receiver Kinds in possession o
the property until the appeal from tn
lower courts action in ordering sucI
, writ issued could be heard. He pre-
sented the affidavit of Ransom Coope
to the effect that several days woul
be required to prepare transcripts o
E the evidence in the recent hearings
2 that the stay was not asked in the in
l terest of delaying matters; that tn
: company possessed property valued a
t atleast $40, 900 900; atthere was $4,000
900 in available assets; that the net pro
\ | nYtHr z