The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-07

proceeded with all diligence as affiant
is informed and believes, to search for
said parties in order ito arrest and
bring them into court, and more than
"a hours has expired since the same
was placed in the hands of the elisor.
and Notwithstanding he has diligently
searched for said parties, none of them
have been found
The receiver further relates that the
defendant by its general manager, SUI
perintendents and agents, has aban-
doned it's property, and all the mines
are now lying idle to the great injury
and waste of the property The mines
and mining property will suffer by be-
ing permitted to lie idle. and it is ne
cessary, in order to properly preserve
them, that they should be operated.
The afflant is acquainted with the bust
ness of mining and gives it as his opin-
ion that great injury and loss is result
ing to the defendant by reason of the
properties having been shut down and
abandoned. By reason of the present
idle condition of the properties, and the
fact that hundreds of men were employ
ed. great loss will result, and irreparable
damage to the property of the defend
ant and its stockholders. The atfiant,
as receiver, if the possession of the pro-
perty is given him. he can carry on the
assistance of practically all of the per-
sons heretofore in the employ of the
defendant. Practically all of said per-
sons are now out of employment and
the affiant as receiver is willing and
ready to take charge Of the mines and
mining property and reduction works
of the defendant, and to employ and
operate Herewith all of the persons
who have heretofore been in the en-
r1n Of no Info n
continue their work in the properties,
and will obey the orders of the receiver,
except the superintendent ard fore
men who have abandoned the property.
and who con not be found, and the
general manager and general book
keeper, and perhaps few others
whose places 1T would be necessary to
fill by the receiver with other persons
who would take their orders and direc
tons from him. The receiver says that
all his attempts heretofore made to OBJ
tain possession and control of the prop
erty of the defendant, for which he was
appointed receiver, have been resisted
and rendered futile by the forceful eff
forts of the defendant and its agents,
officers and employees, and by the fact
that they have concealed themselves
from him, and unless the court shall
require the delivery Of the possession of
the property and business to him and
require the sheriff to place him in pos
session he will not be able to. take
peaceful and lawful possession, and the
mines and mining property, and the
smelters and reduction works will re-
main idle for an indefinite length of
time to the great and irreparable in
jury of the defendant and the stock
holders, wherefore the court is asked
for a writ of assistance, and that the
receiver be authorized to carry on the
business and mining operations of the
defendant and incur on the part of the
defendant all obligations and liabilities
necessary or essential to carrying on
the business. The writ was issued and
placed in the hands of the sheriff. who
was later served with the notices Of
appeal.
The sheriff got advice from the coun-
ty attorney as to his duty in the mat
ter. Chief Deputy Kelley told him to
proceed with the enforcement of the
writ of assistance, but when the stay
bond and notice of appeal We're served
on the sheriff. he asked for a written
opinion and Mr.. Kelley gave him the
following, holding that the appeal serv-
ed as a stay:
I'm compliance with your request for
an opinion as to the effect of the no.