The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-27
THE A. {. N. CO. CONVICTED
Operating Mine Cages Without
Being Enclosed.
EVIDENCE IN THE CASE
The Objection That the Cage Law Is
Unconstitutional Was Overruled
by Judge Clancy District
Court Matters.

The Anaconda Copper Mining COM
pany was tried and convicted in Judge
Clancys court yesterday on the charge
of operating its cages without being en-
closed as required by law. The penalty
is a fine of not less than $500 nor more
than $1,000, and Judge Clancy an
nounced that he would impose the fine
next Wednesday.
The action was brought as test case
and was prosecuted by County Attor-
ney Connolly and Chief Deputy Kelly,
while the defense was conducted by j.
X. Mcdonald The jury drawn in the
case was composed of r. n. Rand, Pat
rick Harvey, James Morris, Louis N.
Cbauvfn, George Cameron, John Robin
son, w. II. Sanders, j. kincaid and w.
p Griffith.
Before the introduction of any testi-
lnony, Attorney Mcdonald objected to
il on the ground that the cage law was
Unconstitutional because it's title con-
fiicted with the act itself and was there
fore misleading. The title of the act
states that the law provides that cages
of all mines shall be cased in, but the
body of the act makes the law applica-
BILE only to shafts 800 or more feet deep.
oveFruled.
The state then put Mine Inspector
Byrne and his assistant, Frank Hunter,
on the witness stand and they testified
that between Nov. Is and Dec. 49, 1898,
the dates alleged in the complaint The
defendant company had operated its
cages at the Mountain Con mine with
out doors or casing.
James keegan, superintendent of the
mine, was put on the witness stand for
the defense and was expected to testify
to the fact that the cages provided for
by the new law would be dangerous to
use and much more dangerous than the
old cages. An objection, however, was
made to the testimony offered and was
sustained by the court. Mr. Mcdonald
then made a motion to dismiss the case
on the ground that the state had failed
TO prove that during the time alleged
by the complaint the company had
hoisted and lowered men on the cages.
Mr.. Connolly said the matter had been
proven, but yet he desired a chance to
cross-examine the witness before the
court passed on the motion. Mr.. Kee-
gan was questioned and after many OBJ
jections had been made and overruled,
he admitted that the mine had been in
operation during the period complained
of and that men used the cage.
After repeating his motion to dismiss
Mr.. Macdonald announced the close OF
his case and the matter was argued tC
the jury and submitted and a verdict OF
guilty returned.
Clinton H. Kerr yesterday brought {
suit for divorce against Josephine Kerr
on the ground of desertion. They Were
married in Butte on Nov. %, 1898, anc
have one child, girl five years old
About Dec. Is. 1897 the defendant lief
her home and deserted the plaintiff
On account of the tender years of the
child the plaintiff is willing that TIT
custody of it should be granted the de
PENDANT
Hugh j. TURNER yesterday commenced
an action against Frank II. Cooney. ad
ministrator CT the estate of Mary L
Turner. deceased, for So, OPS claimed t.
be due as balance on an account con
tracted by the deceased during her lif
lime Mr.. Cooney as administrator o
the estate Of Charles Carleton wa
made defendant with Sol Levy in an
other suit brought by Ralph A. LeWif
who wants judgment against the al
ministrator for $3.50 and against Lev,
for the amount which is claimed to b
due on a joint note executed by Lev
and Carleton.
The following matters are on Judg
Lindsay's calendar for hearing this a
ternoon: Estate of NJ. P. Flynn, SET
Element of account; estate Patrick /
RPgan. settlement of account; estat
of Joseph GirouX, return of sale of res
estate: estate of David ]. Charles ST
settlement OF account and distribution
estate of John H. Berry, re-hearing c
petition for letters; estate of job
O'Donnell petition for order of sale {
real estate; estate of Richard Thoma
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