The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-10

impression of this matter. We were
in no way against the court or its or
der"
What. then, did you have in mind?"
Our idea was solely to benefit the
estate; that was the only idea we
had"
You thought the only manner in
which you. could benefit the estate
would be by securing an additional stay
of the orderT and the only manner in
which you could do that was by soic-
lting creditor to present here to the
court reasons why the courts former
order should be stayed?"
THAT was the only method we saw"
Then your object was to defeat the
order of the court formerly made?''
Il think it was not. OF course, there
was no animosity toward the court.
There was no idea of disobedience. 1t
was merely to get an order and thereby
benefit the estate, and we do desire
the right Of appeal"
And you find in the matter that the
only manner in which you could Sc
cure the right of appeal would be by
soliciting creditor to make the petit
ton that is now being heard?"
We thought it probable that the
executor could appeal, but an appeal
by creditor would be safer. Since the
new statute has come out I notice that
Judge Lindsay will consider the case
on all the testimony transcribed and
Will probably in a few days decide
whether the executor shall execute a
lease to the original applicants or to
Silas f. King. who has since the court
made the original order offered the ex-
ecutor much better terms.
Fred L. Sterling, receiver Of the
Montana Power company, has made
another report to the court, which was
approved by Judge Lindsay yesterday
The report shows that, under orders
OF the court, he has issued receivers
certificates for $76,05S.49 and has been
authorized to issue $5,941.51 more. max
ing total of $4,000. He also report
ed that the affairs of the company
would be adjusted at an early date by
the stockholders and that he would
soon make final report. In the mean
While, however, 1t is necessary to have
an engineer in charge of the property
and to incur slight additional ex-
penses.
Lena E. Herring, plaintiff in a suit
for divorce against Philip Herring,
sWer yesterday, denying that she had
ever been criminally intimate with
Con Murphy, as alleged in Herring's
cross complaint.
The hearing of the order to show
cause in the case of the Butte &
Boston against the Montana Ore Pur-
chasing company, involving the Tram
way and Snohomish mines. which are
owned jointly by the plaintiff and the
| M. o. +. company. was concluded be-
fore Judge Lindsay yesterday The
| court denied the temporary injunction
asked for and held in effect that an
| n Ia M q trac = ",
plaintiff and defendants being tenants
in common of the property in question
| the proper remedy would be an action
| for accounting. The court said that
| after listening to the testimony he saw
no reason for granting an injunction.
The plaintiff, it has been contended
throughout the hearing, had no right
| to proceed in an action against the
| defendant until after a demand had
been made on the defendant to deliver
the plaintiffs portion of the ore on the
dump as required by the statute.
The smoke question will come up in
court again to-day when County At
| torney Connolly makes his report to
Judge Lindsay regarding the steps
taken by the different smelling COM
panies toward complying with the
courts order about abating the nuis-
ance. The county attorney has re-
ceived replies from the Butte & Bos-
ton, Parrot, Colorado and Butte Re
duction works, and the letters from the
different smelter companies will be at
tached to his report which he will
make to the court to-day. The only
company that has not yet replied to
his request for statement Is the Mon
tana Ore Purchasing company.
-S--
Dr. c. Turner has opened offices at
room 406 and 4O612, fourth floor Hen
| messy block.