Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-09
CHECKED AT
EVERY TURN
The Boston & Montana Co. is
Making a Hard Fight
AGAINST THOMAS R. KINDS
Assuming Control of Its PROPERLY
Hearing of the "Firing" Ap-
rlication Postponed,
AGAINST THOMAS R. KINDS

The application of the Boston & Mon
tana Mining for the discharge
of the receiver appointed by Judge Clan
cy on December Is to take charge Of the
company's property on the application of
James Forester and John MacGinnis
was not heard in court this morning as
contemplated, but a spirited argument
in connection with it occurred between
the opposing counsel
The matter was first taken up last Sat
urday, but on motion of plaintiffs coun-
sci was continued until today. When it
was taken up this morning the same
counsel asked for a further postpone
ment, this time until Saturday week,
saying that the plaintiffs We're not pre-
pared to go ahead In reply to this At
torney Scallon, one of the legal represent
tatiVeS Of the Boston & Montana, stated
that the defendant was in court for the
purpose of Urging the dissolution Of the
order appointing a receiver for the COM
pany's possessions. w are here" said
he, ''to show the court. tina the mistake
made has been rectified; to show that the
property for the transfer of which from
the New York corporation to the Mon
tana body the plaintiffs instituted this ac-
tlol HAS DeeH transferred AMI all OIL lne
conditions of the order complied with.
We are here to show these things and to
ask that the application for the dis
charge of the receiver be heard. We are
met with a refusal on the part of the
plaintlffS to take part in this hearing.
The other side says it is not prepared. 1t
will never be prepared. Our request is a
modest one. We ask for a hearing and
an opportunity to show that the allega-
tons of fraud made in the application for
the appointment of q receiver are false.
These charges of fraud and ~mismanage-
ment of the affairs We're made
as long ago as December and the plain
tiffs have had plenty of time in which to
prepare to prove them. We have brought
from the east some of the chief employees
of the company and are prepared to pre-
sent the matter fully to the court. The
charges of fraud, although made only
on informal and belief, should not be
given much weight, but we are ready to
prove that they are not true. The par
ties who made them ought to be prepared
to prove them"
John J. Mediation spoke for the other
side. Among other things he stated that
at the proper time the plaintiffs would
undertake to prove it's assertions and
surprise the defendant. II said we were
not prepared to go on with this hearing
because, so far as we know, this matter
is still pending in the supreme court. The
supreme court has held in it's possession
the re1mlttitur in its decision sustaining
the action of this court in the matter of
appointing a receiver, and l take it that
the plaintiffs are not obliged to go ahead
until the remittitur is produced. Such a
course is consistent with law and good
practice. If they can show that the re-
ceiVer should be discharged, well and
good, but let them not come into this
court end assume that which is not"
Mr.. ScallOn presented a certified CODY
Of the remittitur and called the attention
of the judge to its certification. He said
its force was as great as the one that
would be presented by the supreme court,
for the latter was only a copy of the min
utes and proceedings of the body. "Our
POSITION" said he, "is just this: We
think that before the receiver is allowed
to take possession of the company's
property we should be allowed to show
that the necessity of a receiver no longer
exists"
Il am still expecting the order of the
supreme court" exclaimed Mr.. McHat-
ton, breaking into the address,"
Yes, with some mental reservation"
quickly responded Mr.. ScalIon.
"Gentlemen," said the judge, address,
ing the defendants, this case was up
here before. I then stated that I desired
the remittitur. Instead of that, you go
up there and get an opinion to the effect
that l would be right in going ahead. 1
want that remittitur and will therefore
| liiIo iiiottti tIIlIl ii
week"
This question being disposed of, Attor-
ncy Scallon asked that a stay of proceed
ings under the order of December 10 be
granted pending the settlement Of the
matter. He said the final order of the
supreme court would probably be filed
here next Tuesday or Wednesday, and
there would be three or four days be-
tween that time and the day of the hear
ing.
Ex-senator w. w. Dixon also ad-
dressed the court in behalf Of the de-
PENDANT
ut does not take a wise man to see the
object in fighting for this delay" said
he. 'They want the supreme court stay
to expire so the receiver can get hold of
the property. This is the way it looks to
me, and l think it is plain enough to
anybody what they are trying to accom-
plish; and they are trying to get this
court to help them. We ask that a stay
be granted. 1t is very little, but it is
ton shows that they do not come into
court with very clean hands"
The Judge refused to grant the re-
quest, and Mr.. Scallon gave notice that
when the remittitur arrived he would
renew his application for a stay of pro-
ceedings between that time and the de-
termination of the hearing for the dis
charge of the receiver.
Among those present at the argument
were Treasurer Ladd and Ault Miller, the
latter being the chief bookkeeper for the
company. Both arrived from the east a
few days ago.
SOCIAL.