Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-08
Kinds IS In POSSESSION

( "postponement until 1890 o'clock. The. re-
quest was granted.
After Mr.. Cooper had informed the
court tina there would be no further re-
sistance to the receiver, Mr.. Wines said
/ that in view of the statement made he
| desired leave to file an amendment to the
return in the case of the sheriff; so fur
Their action in thisp particular matter was
continued until 2 o'clock.
| Thomas r.. Kinds was in the court
house at the time the opposition to him
| was withdrawn and said before leaving
that he would taxi possession of the
| property sometime during the Afternoon.
Another matter considered in connec-
ton with the case was the motion to
| quash the contempt proceedings insti-
tuted against John F. FOrbiS, l.. O.
Evans, Lewis Marshall and William H.
| Dewitt for having, it is alleged, counsel
ed the defendants officials to resist the
order of the court placing Thomas *.
Kinds in charge of the property. Judge
Dixon called the matter up, but the court
said he would continue it for a week.
Then he asked the attorneys for the
plaintiffs if they had my objection to
offer. Mr.. Mediation answered that he
preferred to dispose OF it at once, and the
hearing was commenced. The afldaVlt
of Thomas r. Kinds was read; her the
| answer and motion to quash. Judge
Dixon appeared for the defendants. he
| maintained that the affidavit of Mr..
Kinds did not contain facts sufficient to
brand the defendants. as being in con-
tempt: that it was based on information
and belief. Somebody, he alleged, had
furnished the information, which IN such
proceedings would not stand a legal test.
He also stated that it was necessary Tor
49, q, ,-+ 20 g ln,,- onSitiyp1N when where
and what information the attorneys gave.
1t would not do, he said, for one man to
prosecute another for forgery unless the
complainant could prove What had peen
forged.
John J. Mediation spoke for the other
side and insisted that he attorneys lnen-
toned were in contempt. He oftered 10
produce the proof. At the conclusion or
his remarks the judge said: III tell you
what I'll do. There is no question In my
mind that this is a very serious charSe
to make against reputable attorneys; l
will continue this proceeding until .
O'Clock Tuesday morning n on MONDAY
at 8 you can hand me your proofs" ,
."There is still another motion to quash
70 he HEARD said he. 1T is in the case
of John Varker and William Gundry. l
viii also continue the hearing In that
matter until 9 o'clock Tuesday,.
At | O'Clock HInuS LOON POSSeShoA -
all the property belonging to the COM
many. No resistance was made. the
guards at the various mines and ofilces
| having been previously notified by t ne
! officials to %relinquish their vigilance ana
fall back. He first took charge OF the
main office in the Lewisohn block and APP
pointed Jerry Harrington, ex-deputy
county treasurer, to represent him there.
Then he proceeded to the Mountain view
min and appointed Joseph
foreman: thence to t he West Colusa and
placed Martin Buckley in charge. John
Crowel will be the foreman at the Tunnel
and Patrick G. O'Neill will fill a similar
position at the Leonard. None of the
men selected have been in the employ of
the company.
After taking hold Of the property Mr..
Kinds stated that all the old miner en-
ployes who desired to return to work,
even to the shift bosses, could do so, but
he would not order a resumption of bust
ness for a few days yet, possibly two or
three. The smelters. he said, were in bad
! shape and would awe to be repaired be-
fore they could be started up. The re-
sumption of work at the mines depended
upon the time it would take to repair the
smelters.
The receiver also states that applica-
tons for positions would be received by
him. This afternoon he t~elegraphed
John T. Stanford, who has charge of
the smelters at Great Falls, asking how
soon the plant could be made ready for
fire.