The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-09
RECEIVER KINDS is NOW
IN FULL POSSESSION
The Property Surrendered Quietly by the B. & NJ Upon
the Decision Rendered by the Supreme Court.
The Battle for the Property Is Not
Yet Finished.

of having counseled the agents of the
Boston & Montana to resist the re-
ceiver The matter had been set for
hearing on a motion to quash the Or
der to show cause.
II think we had better continue this
motion over until next Saturday. said
judge Clancy, who did not seem anx-
ious to hear 1t. "Iave you any objec-
tions?''
Judge Mediation said he would like
to have the matter disposed of and the
hearing was proceeded with. w. W.
Dixon read the affidavit Of Receiver
Kinds in which he alleged that the
attorneys named advised the company
and its representatives to resist the or
ders of the court and the authority of
the receiver, and advised them to dis
obey and violate the injunction Of the
court issued to restrain the New York
company from disposing of the prop
erty in it's possession and from con-
tinuing to operate the property. Jo-
seph H. Vivian, C. S. Batterman, c.
r. Davis, Mr.. Dunshee and James
Dave, agents and representatives of
the company, were also named in the
order to show cause. but Forbis, Evans
and De Witt were the only ones served.
The motion to quash the order to show
cause was on the ground that the afti-
davit upon which the order was issued
did not state facts sufficient to con-
stitute a contempt or warrant the is
suance of the order. Judge Dixon said
the charges made were made on infor-
nation and belief and not on personal
knowledge, and a charge in contempt
| proceedings should be set out with
the same particularly as the charges
| in an Indictment or information; that
| the statute must be closely followed
| mot in this state, said Judge
! Clancy, interrupting. Most states
| have such statute, but in this state
| the law is that all statutes must be
| literally construed
| 'Liberally construed in passing jIlg-
| ment, but certainly not in drawing up
| a charge" replied Mr.. Dixon. IF in
| formation and belief were sufficient
person could be charged with any crime
| with foundation for it and without any
| one being responsible for it, A Grim
inal charge of that kind would be
| laughed out of court"
Hearing Continued.
Judge Mediation argued that the affi-
davit was sufficient to require the de-
| PENDANTS to answer and to be put on
trial or to require them to show cause
| why they should not be adjudged
guilty of contempt. Mr.. Mediation, in
concluding his argument, said he would
leave it to the court to be determined
whether the accused should be released
| or not. He offered to produce any
amount of authorities to sustain his
| position, and both the court and Judge
=, Dixon said they would like to see
them, and the court concluded to con-
tinue the further hearing of the mat
ter until next Tuesday morning to
| give both sides an opportunity to file
briefs by Monday.
This is a very serious NATTER" said
| Judge Clancy at is a serious charge
Hn do of AVG
who have the proper instincts of at
| torneys.'
| The contempt proceeding against
John Varker and William Gundry, the
deputy sheriffs who arrested Receiver
Kinds, was also continued by the court
| until next Tuesday morning, when 1T
will come up on motion to quash the
order to show cause.
The order to show cause which had
| been directed to Under Sheriff Muir
ply, relating to his refusal to serve
the writ of assistance, was the next
matter on the calendar. He was rep
resented by Attorney ]. L. Wines and
Chief Deputy County Attorney Kelley.
Mr.. Wines had just completed the
sheriff's return to the order, and was
about to read it to the court when At
torney Ransom Cooper arose to ad-
dress the court.
Given Possession.
I'VE have to announce" he said
that so far as we are concerned the
receiver may now take possession OF
the property. We have just learned
that the supreme court has refused
this morning to grant us a stay and
we realize that further resistance would
be useless. l wish to say that we have
acted in entire good faith in this mat
ter and now have no further resist
| RI tn
| that we feel we have not had our rights
| and that your honor has been imposed
| upon, and for that reason we have re-
sisted so strenuously and tried to avoid
the calamity which must result in the
vast properties of this great mining
company being given into the hands OF
a receiver a calamity that must be
apparent to every one. We feel that
our property has been taken from Us
without due process of law, and we
could get no hearing by your honor
except on command from the supreme
court, but we now bow to the strong
hand of the law, or what has been de-
clared to be the law"
IT have just this to say to you" re.
piled Judge Clancy. THE application
was made to me in this case for {
temporary writ of injunction as man!
other applications are made to me day
by day. I signed the order withou
ment and the honesty of the attor
neys.'
The judge then went on to say tina
the hearing on the order to show caus
in the matter was had and that Mr.
Forbis and other attorneys for the de
Tense made the statement that if
after the hearing, the court though
there was ground for continuing TIL
injunction the New York compan,
would at once deed back the propert,
to the Montana company. The cour
found that there was cause to con
tinue the injunction and so ordered it
and to avoid having his opinion ant
action misrepresented or misunderstood,
he wrote it out at length. In view
of the promise of the attorneys to dec
, the property back the court did no
| think at the time that a receiver wa
, | necessary, but instead OF deciding
back an appeal was taken to the su
, | preme court and that court sustaine
, the injunction. The attorneys thel