Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-09
were FINED
FOR CONTEMPT
Decision of Supreme Court in
NJ. 0. =. Co. Case.
The PROCEEDINGS IN FULL
Lease on the Rarus Was the Cause OF
the Action Taken Today--The
Fines We're Paid.
The PROCEEDINGS IN FULL
Special to Inter- Mountain.

| Special to Inter- Mountain.
Helena Mont March 9.-The Montana
| Ore Purchasing company was severely
| reprimanded by the supreme court this
morning. It's officers were fined and Or
dered committed to Jail for disobeying an
| Injunction Of the district court of Silver
Bow against working a lease on portion
of the Rarus mine in Butte, underlying
the Pennsylvania. Arthur P. Heinze
was fined $3.50 and the officers of the COM
pany $500 and all ordered committed un-
! til the fines were paid. Mr.. Heinze at
once paid the fines.
| 1t was sensational climax to the pro-
ceedings commenced yesterday to have
! the officers of the company fined for con-
| tempt in disobeying the injunction of the
district court as to extracting ore from a
! leased portion of the Rarus. Evidence
! was presented yesterday and today Ar
| thur p. Heinze, Mr.. Maury and George
| Wedekind, the timekeeper. were exam
| ined. f. Augustus Heinze was unable to
be present on account of illness. The
| court announced that his connection with
| the matter would be investigated at an
other time.
| Chief Justice Brantley announced the
decision of the court at the conclusion of
| the testimony about noon. What he said
I
The court, after looking into this mat
| ter, have come to this conclusion: That
| this lease existed from the Johnstown
| and the Montana Ore Purchasing COM
| pany, and was designed in the first place
| to enable the defendant companies to
evade the process of the district court of
Butte, and that since the End day of
| March it has been used by the Montana
Ore Purchasing company and the lessees,
that is, the active lessees, for the purpose
of evading the process of this court. The
| lease, as appears under the proof, was
not designed as lease in good faith to
start WITH but it was executed for the
| purposes that we have indicated and that
it has been used for those purposes. The
! proof does not justify the conclusion,
| whatever Inference may be drawn from
it, that the Johnstown Mining company
and it's agent, Mr.. Warfield, have been
actively engaged or have assisted in any
way in evading the process of this court,
| but whatever offense they have commit
/ ted in the way of contempt of the process
of the district court of Butte, their con-
7! nection with the matter since that time
has not been active in any way, and
! whatever purpose the lease has served
since the time it was executed was by
the other parties; that is, by the Montana
Ore Purchasing company. We have
reached the conclusion that under the
facts in this case, in this proceeding it is
! perfectly clear that it really executed
this lease to evade the process of this
court; that it appears here from the
proof that the Montana Ore Purchasing
! company is still really ngaged in work
ing those mines throughits own employees,
their machinery, their shaft, their smell
ter, their foreman, their shift boss, their
mine clerk and their property is enga ged
in that business and the other company
, is profitng by it, and the design was to
bring about just that condition of things
so that they might technically avoid the
injunction that was issued by this court.
ut is therefore adjudged that the Mon
tana Ore Purchasing company is guilty
i of contempt, and that its officers and di-
rectors are, and that, except as to F.
i August Heinze, whose connection with
Il this matter we will continue for future
investigation, and who is now sick, this
company be fined in the sum of $500, and
that Arthur p. Heinze be fined in the
sum of $3.50, and that the president and
directors of the Montana Ore Purchasing
company be committed to Jail until they
have satisfied this court that they have
complied with this order, except as to
August f. HeinZe.'
By the court: Now as to who these
officers are, except Mr.. Heinze, we will
take the statement of counsel as to their
names, SO that the process of this court
may rum
Mr.. Cotter: II don't know anything
about that
By the court: 1--WE will let the order
stand as it is, but we would like to know
the officers
MIR. Evans: "Mr. Arthur Heinze can
state in full. He is the secretary and Mr..
Il Maginniss is vice president"
Il Mr.. Arthur Heinze "Mr. Ma ginniss
and myself are the officers, besides my
brother
BY the court: "And we will add fur
ther to the judgment that the Lewis and
4 Clarke county Jail be the place of con-
finement."
i 'Now, as to Mr. Maury and Mr. War
field, and their connection with this mat
ter. AS say the proof does not jus tify
a finding against the Johnstown COM
pany or Mr.. Warfield, but in this connec-
ton we wish to say that they may not
do it any more; they are dismissed, with
the injunction that they are dangerously
near the line, and as to Mr.. Maury, we
I have this to say, that he comes very near
getting into trouble himself, and we en-
join upon him, as a younger member of
the profession, that counsel ought to be
careful in these matters and in Offering
advice, and not be connected with any
scheme, whatever it may BE- to avoid the
! process Of the court. We have no fur
ther comment to make upon his con-
duct" nsA