Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-08
Boston & Montana Surrend-
erS Its Property.
MADE A LEGAL FIGHT
But When the Supreme Court
Refused to Interfere
WITH THE LAST QUESTION
Submitted, 1t Announced Its Intention
of Bowling to the Will
of the Law.

So far as the receivership of the Bos-
ton& Montana Mining company is con-
earned, Thomas K. Kinds is victorious.
During the last three weeks he has been
the receiver In name only, but in Judge
Clancy's department. of the district court
this morning the legal representatives Of
the Boston & Montana announced their
desire to withdraw further opposition to
the receiver taking possession. Ransom
Cooper delivered the remarks that settled
the question, his Language being as fol-
lows:
May it please the court, so far as we
are concerned the receiver may take pos
session. We have been depending upon
the decision of the supreme court in the
matter, but this morning we received a
telephone message from Helena to the eff
feet that the supreme body would not in
~terfere with the action of this court. We
do not wish to violate the law, but at the
same time We feel that our property has
been wrongly taken. We feel we have
not had our rights in this matter. We
feel tina your honor has been imposed
upon. We have e~ndeavored to avoid a
calamity that must be apparent to every
one. but we bow to the will of the strong
hand of the law although W. feel, as I
said before, that our property has been
taken from u.s."
Judge Clancy replied.
He first spoke of the preliminary action
in the case and detailed the various
steps taken as the case progressed. Then
he stated that Mr.. Forb1S, one of the
Boston & Montana attorneys, had said
that if after the hearing of the motion for
the appointment of a receiver the court
decided that the transfer of the property
from the Montana company to the New
York compan vas illegal the latter
would reconvey the property to the Mon
tana company. This had not been done,
as it had been shown that 81, 900, 900 of the
funds of the Montana corporation had
been diverted. You have had your day
in curt said he, warming up somewhat,
and you have no right to stand up here
and say you have not had your rights.
You are a TRANCE man to talk in such a
strain. I stand for the laws Of the land
and the state of Montana. destinations
have been cast upon me. I lave been set
upon in a manner not IN keeping with le-
gal proceedings. That seems to be the
method adopted by some people--to brow
beat a judge and call him a s%coundrel. I
am glad, sir. that you haVe decided to
comply W it'll the law"
Mr.. Forbis denied he had made the
statement attributed to him in connection
with the transfer of the property. He
said if the court had interpreted his re-
marks in the manner stated it was mis-
taken. Il desire to put myself on record
said he.
The judge then spoke of the trouble the
case had given him. He had worried ovel
it and on one occasion. last Sunday
night, had spent the dark hours in ar
endeavnr 10 satisfy himself on some
points in connection with 1t.
In answer TO this Mr.. FOrbjs stated tina
the court had not been as greatly troub,
led as the attorneys. 1t had been aggra,
waiting to all parties, and he did not hin