davidaulloa/AmericanStories huggingface dataset:
The Anaconda standard., 1899-04-16

of the attorneys for the Boston & Mon
tana company, that Jud"o Clancy act
ed properly and rightfully in issuing
the injunction to prevent the transfer
of the property to the New York COM
pany, but they blame him for appoint
ing the receiver. which they claim was
justified by no condition or circum-
stance or showing made by the plain
tiffs. The injunction would have served
every purpose honestly sought by the
plaintiffs, and the appointment of the
receiver was one of the grossest abuses
of judicial power within the history of
courts of the state, and it is doubtful
If it's equal can be found in the records
of the courts of America. Judge Clancy
claims that the supreme court sustain
ed him in it, but that is only one way of
looking at it. What the supreme court
did was to decide. in the certiorari mat
ter. that Judge Clancy had jurisdiction
and had acted within his authority. The
question whether that authority was
abused or exercised with fairness and
sound discretion was not considered.
THE greatest wrong the Boston &
Montana has to complain of, however"
said a representative of that corpora
ton, ''is the fact that the court refused
to hear us on the motion to vacate the
order appointing the receiver until
compelled to do so by the supreme
pOurt "
The Anaconda standard., 1899-04-16
It WAS A LONG AND A BITTER FIGHT
All the Litigation That Has Involved the Heinze Company
and the Boston & Montana The End Seems
to Be Not Far OFF,

The litigation now going on between
the Boston & Montana Mining company
and the Montana Ore Purchasing COM
pany, which would seem to have reach
ed its climax in the receivership matter,
will rank as the most important mining
litigation known in the history of the
Western states or the courts of this
country. 1t involves greater property
interests, and probably more profound
questions of law, than had ever been
presented to the courts Of the West for
judicial determination and the estab-
lishment Of precedents. 1t has served
to draw the attention of the entire
country to the courts of Montana and
has given a few persons an almost ma
tional notoriety, whether enviable or
otherwise depending upon the side from
which their fame is viewed. A very
large portion of the people of the state
have become partiSans to the cOntro-
Versy, and vast business interests have
felt the influence of the litigation. The
press of the state and the financial
journals of the East have been drawn
into the fight of the mining companies,
ana the unusual and astonishing spec
tacIe of presumably respectable news
papers lending their editorial columns
to some of the litigants, who used them
TO threaten and by other means try to
influence judicial action, has been one
of the regrettable and reprehensible
features Of the great fight. The contro-
Nersy has been injected into politics,
and has been the subject Of legislative
action. which was preceded by a fierce
and bitter contest WaScd in the halls
of the Legislature by opposing parties
interested. a great deal OF local i'll
feeling and personal animosty has been
engendeTrd by the litigation. Charges
of corruption and bribery, which even
the court has not escaped, have been
made, and the remarkable scene of a
judge being denounced in his own court
has been witnessed during some Of the
proceedings before him. There have
been charges of trickery, law Juggling,
abuse of judicial power intrigues and
curious scheming for the purpose of ox-
crting certain influences. Strange alll-
ances have been made for certain OBJ
jects which miscarried, and some acts
We're resorted to the facts of which will
probably never become matters of gen
eral knowledge, and other question: ole
actions were evident from results.
Nearly every lawyer of eminence in the
state, including the governor, has been
retained by one side or the other, and
so far the litigation has been character
lied by the most skillfui legal contest
ing. 1t has been like battle between
fencing masters, rather than contest
of broadSWOrdsmen, such as character
ICES the ordinary mining litigation.
First one side scored q point and then
the other, but after a long and skillful
contest the advantage is with one con-
testant and the other is about done for.
While the climax of the litigation
seemed to have been passed when the
supreme court oustcd the receiver, the
end, however. is not yet N sight, and
The Anaconda standard., 1899-04-16

to the time Columbus discovered Amer
lea. The potato is one of Americas
gifts to the world. Many years after
America was discovered the potato was
introduced into England. 1t was re-
Sarded as a delicacy and partaken of
very sparingly. Many were doubtful
that it was proper food and physicians
We're consulted. At that time, as now,
in many cases, when physicians We're
in doubt they looked wise and gave a
conservative answer. So the physicians
told the nobility that potatoes were all
right when partaken of sparingly, but
that they should not be partaken of to
excess. In few years potatoes be-
came plentiful all through the British
isles and became the staple of the COM
mon people. Now potatoes have subju-
gated the entire civilized world There
is no civilized country in which the po-
tato is not a staple article of diet.
America is proud of the record one of
its native products has made, but that
does not justify the potato in pushing
itself to the front at every meal.
The tomato is another vegetable
which is an American product. The to-
mato has not made record equal to the
potato by any means, but it is now cul-
tivated successfully in some countries
of Southern Europe and in India. For
a great many years it was regarded as
poisonous, and it took longer for it to
get into favor with the general public.
The tomato is a very good sort of a
vegetable for people who like that kind
of a vegetable.
Indian corn, generally known here as
green corn, is another native American
product. 1t was unknown to the world
until America was discovered, the corn
mentioned in the Bible and in early
English writings being wheat instead
of the maize of the Indians. Indian
corn, or maize, now supports a larger
proportion of the human race than is
supported by wheat, and nearly as
large a proportion as is supported by
rice. 1t has been introduced into South
ern Europe, India and Australia. T
cannot conceive how green corn could
in any way be improved upon
1t is a mistake to assume that the
bean is native of Boston, The name
Boston has attached itself to the bean,
but the bean is not native-born Amer
lean. 1t originated in the regions adj
iacent to the Caspian sea. The Lima
bean is, however, a native of America.
Another mistaken idea is that the
pumpkin is native of this country.
The pumpkin pie was first conceived
and executed in New England. but the
pumpkin itself first grew in India. The
squash. however, is one of the native
products of America.
The Anaconda standard., 1899-04-16

unless a compromise is reached between
the two litigants, it will continue to Oc-
cupy the attention of the courts for
many years to come.
1t Has Many Phases
The controversy-or rather controver-
sizes for there are many phases of the
htlgatiOn-betWeen the Boston & Mon
tana and the Montana Ore Purchasing
companies, began in February, 1897
when the first of the three score and
more suits between the two companies
now pending in the state and federal
courts, was Instituted in the United
states court by the Boston & Montana
The suit was what is known as the
original Michael Dewitt case and was
brought to obtain DANA ges and to en-
join the Montana Ore Purchasing COM
pany from taking ore. through the
workings of the RaruS mine, from the
veins and ore bodies which it was
claimed, had their apexes in the Mi
chael Dewitt and PENNSYLVANIA, two
adjoining claims owned by the Boston
d Montana. Within short time there
after, another suit was brought by the
Boston Il Montana, which is known as
the Pennsylvania case. and which was
tried in the United States court some
months ago. 1t was a sensational trial.
and after it had been on for number
of weeks Judge Knowles directed the
jury to return a verdict in favor of the
Boston & Montana but the Jury refused
to be guided by the courts Instructions
and after having been out for several
days reported that they could not agree
and were dischareed The case has
since been transferred to the Helena
district. where it is pending for new
trial The PENNSYLVANIA and McDevitt
cases really include all the merit tbare
is to the controversy between the two
big mining companies All the other
suits are merely side issues, many bav-
The Anaconda standard., 1899-04-16
THERE ARE TIMES.
And There Are Other Times When Pota-
toes Are Wanted.


toes Are Wanted.
Somebody ought to start a restau-
rant in Butte where a man doesn't have
to eat potatoes if he doesn't want to.
You can go to any one of Butte's res
taurants and. whether you like them
or not, potatoes will be placed before
you three times day, and if you re-
fuse to eat them you have to pay for
them just the same. You can get the
potatoes cooked in any style you please.
You can have them boiled, mashed,
baked, French fried, German fried,
cropuettes, Saratoga chips, shoestrngs,
Drowned, cream, lyonnaise, julienne,
Parisienne, steamboats, or minced You
can also get potato salad, or you can
get your potatoes in hash. But pota-
toes you must have and there is no way
of escape.
A conversation like the following, for
example, often takes place in a Butte
restaurant, between a customer and
a waiter:
What will you have?"
u don't know. Pause) Gimme a
T-bone sirloin."
Rare or well done?"
Medium"
What kind of potatoes?"
Don't want any potatoes
you've got to have some kind of po-
tatoes."
Don't want any potatoes.
Have a nice baked potato?'
Bring any old potato"
Now. the only trouble with potatoes
is that they are too forward. They are
OVERRIDING the business. What luxury
potatoes would be if you could only
have them once or twice week! But
when potatoes are thrust before you at
every meal whether you want them or
not they take chances on getting
themselves disliked
man might have conscientious scru-
pies against potatoes. He might be-
long to some sect or society which pro-
hibits him from eating potatoes on GER
tain days. That makes no difference
the potatoes are set before him and he
must pay for them, whether he eats
them or not.
1t is true that many people claim that
they cannot make a meal without po-
tatoes They claim that the human
race cannot get along without potatoes.
Such people overlook the fact that the
potato was unknown to the world up
The Anaconda standard., 1899-04-16

the suit for partition of the Michael
Dewitt in which the Boston & Montana
owned five-siXths interest and Alex
Johnston one-sixth. Mr.. Heinze ac-
quired the Johnston interest and fought
the partition suit with the result that
several entrangling proceedings We're
brought about. When the sale finally
took place the Boston & Montana was
compelled to bid 100000 for the prop
erty in order to hold it.
The next following most important
suit was brought against the Butte &
Boston, whose interests are identical
with those of the Boston & Montana, to
set aside the Larkin deed to the Tram
way and Snohomish mines, it being al
legged that the deed was obtained from
James Larkin while he was insane.
Three separate suits, having the same
object in view, are now pending in the
state and federal courts.
All Hands Stirred Up.
Then came the audacious receivership
case in which Mr.. Heinze engineered
coup that created CONSERVATION in min
ing. financial and legal circles from
Butte to Boston and brought the fierce
and bitter contests which have just
been ended by the action of the SUI
preme court in relieving the receiver
of the control of the property which
had been given into his possession by
Judge William Clancy of the district
court upon an eX parte application by
Mr.. Heinze's attorneys and without no.
tice to the Boston & Montana company.
There Will always be two very strong
and opposing opinions as to the right
and business of the action of the dis
trict judge. It was only a few days
ago, in refusing the motion to vacate
the order appointing the receiver, that
Judge Clancy made the strange and
somewhat astonishing statement from
the bench that he did not read the. or
iginal injunction order and was not
aware of ITS grave importance when he
signed it, and. that the receiver was ap-
pointed on a similar ex parte applica-
ton. The plaintiffs in the suit were
James Forester, a New York attorney
for the Montana Ore Purchasing COM
pany, and John MacGinniss, vice presi-
dent of the same company, who had
each purchased 100 shares of Boston &
Montana stock a short while before
bringing the suit. The opportunity
which they found for bringing the ac-
ton was given by the Boston & Mon
tana itself through very bad counsel
given them by their New York attOr-
neys, and in view of the fight the COM
pany was having with the Henze peo-
pie it is almost impossible to UNDER
stand how lawyers of experience and
repute could have laid their client open
to such an astounding and grave mis-
take. For various reasons it became
desirable to incorporate the Boston &
Montana company under the laws of
the STATE of New York and to transfer
the property in this state from the Mon
tana corporation to the New York cor
porat;On. The New York company was
incorporated and then the board of d-
rectors started at the wrong erd to
make the transfer. The law is that to
The Anaconda standard., 1899-04-16
HOW TO JUDGE CAT PROPERLY.
Feline Points Which Go to Make Up
Perfect Animal.

A good cat-the kind you want to have
in the house, if anY-will have a round.
stubby, pug nose, fat cheeks and upper
lip. a well-developed bump on top of
the head between the ears, betokening
good nature. A sleepy cat that purrs a
good deal is apt to be cheerful and good
natured.
BY all means to be avoided is a cat with
thin, sharp nose and twitching ears. 1t
must be remembered also that a good
mouser is not necessarily gentle or de-
sirable pet. Although any good cat will
ca ch mice if she is not overfed, quick,
full. expressive eyes generally betoken a
mousing cat.
The greatest mistake-and probably the
most common one-in the care of domes-
tic cats is overfeedlng, particularly too
much meat. In the wild life cat has ex-
ercise which enables her to digest food. In
the lazy house life the same full feeding
leads 70 stomach troubles and TO fits"
The Anaconda standard., 1899-04-16
Misses & Children's Shoe.

OF oil grain and kangaroo
calf. decidedly neat in ap-
pearance and very desirable.
Value $1.I5 a pair; at......
The Anaconda standard., 1899-04-16

For beautiful col
ored novelties in
44-inch Crepons,
with Mohair figures,
representing some of
the best styles pro-
duced this season;
also a large line
of mixed mool ma
terials; value 81 a
yard.
The Anaconda standard., 1899-04-16

to Judge Clancy for an injunction to
prevent the meeting and the completion
of the transfer. In the same action the
appointment of the receiver was asked
The Anaconda standard., 1899-04-16
10 Cents

For Fine Dotted
Swiss. This popular
material will be used
this season a great
deal more than ever
before. This line in
includes all sizes of
dots. is 36 inches
wide and of first
quality. Value 20c a
yard.
The Anaconda standard., 1899-04-16
II Cents

For Zephyr Cling
hams, the best
American make,
equal in every way
to the imported. An
immense lot of prtty
styles shown in this
line, all fast colors.
Value zoe a yard.
The Anaconda standard., 1899-04-16

For Persian Lawns.
in open-work effects
and cords. The pat
terms in this line are
particularly elegant
and entirely proper
for spring wear.
Value zoe a yard.
The Anaconda standard., 1899-04-16
ANACONDA STANDARDS MORNING. APRIL 1e 1899
XSUCH VALUES AS THESE MAKE BUYING EASY
Boys Shoes

or heavy leather, with double
soles, in lace only, a wearel
without an equal. Value
$1.T5 a pair; at.... ..........
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-11-24
MARTINS FERRY.
Local lettings From the City of
Workshops and Mills.

The weight of the outgoing mail of
our city for thirtyfve days amounted
to almost six thousand pounds. Post
master Sedgwick says this was light,
as it was during dull time for Uncle
Sam.
Mr.. William Hildebrand. the genial
grocer Of Hanover street, will be a can
didate for the nomination of Mayor
before, the Democratic convention. Mr..
Hildebrand is a hustler and one of the
stalwart Democratic workers of our
city.
Evangelist Gordon's meetings at the
First Presbyterian Church are attract
ing large audiences and are successful
meetings.
The second series CT checker games
between our peerless eight and the Bel
laire club win be held at Bellaire next
Saturday night.
Although several carloads of steel
have been received by the Laughlin tin
mill, there is no positive information
of II starting soon and all rumors of
it's going on Monday are without foun-
dation. When headquarters push the
button, then its employees will know.
The football game between the High
School team and the team that has no
name owing to having so many names,
will more than likely be postponed until
Thanksgiving, 1900.
The Laughlin tin house has closed
down, having completed the work on
hand.
There is a movement on foot by the
Belmont Trades and Labor Union to
try and organize typographical union
among the printers in Martins Ferry
and Bridgeport
Frank Anthony, of Broadway, is Wis
iting his brother, Joe, in Pittsburg.
The Board OF Education held a bus
mess meeting last night.
Mrs. DR.. J. NJ. Blackford gave a csn-
ner party for Mr.. and Mrs. Calvin Gar
win and number of friends yesterday
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-11-24

far from Gosnelhs. and heard the horse
ridden up the road. He looked at the
horses tracks hitched near Gosnelps.
and there was one shoe off, like Cram
blett's horse. Here the State rested,
and after dinner the defense began on
its witnesses.
stenographer George Campbell read
from his notes taken at the Coroner's
Inquest as to what Cramblett testified
to. Cramblett denied having his horse
hitched to Gosnelrs fence on the
Thursday night before the shooting.
Cramblett denied being in love or keep
ing company with Gosnen's girls.
JEFF Rainbow was recalled and stated
that the horse he saw hitehed near
Gosnell's on Thursday evening before
the murder resembled Crambletts.
Clayton Carter said he investigated
where the horse was reported to have
been hitched on that Thursday night
and saw no tracks.
James Noble came on the stand as
question OF personal, privilege. He was
charged among the people with taking
the gun used from the stable of Cram
blett's brother He denied that he had
or that he knew of its whereabouts
Quite a tilt occurred between the at
torneys over the admission OF Mobiles
evidence, the prosecuting attorney
charging the defendants attorney with
resorting to demagogery and shyster
tactics to catch the audience, The re-
ply was equally salty, leaving out hard
words
Elya Gosnell, aged 21 years. said
CramDlett had made love 10 her but
her father did not know OF it. Cram
blett came to their house one night and
staid all night and they poulticed a
hand in which he had run splinter.
Her father did not speak TO her sis
ter's husband, Mr.. Gotscall. she said.
David Reynard said he had taken
Elva Gosnell places. but when he asked
to be allowed to keep her company she
refused. The defense got this In TO
prove that the father objected to others
beside Cramblett keeping company with
the girls. Reynard said he and Cram
blett had joked each other about going
to Gosnells. and Cramblett asked him
if he thought Gosnell would shoot any
one Of they would run away with one
Of the girls, and Reynard said no.
The defense rested and the prosecutor
asked that Cramblett be held.
Cramblett's attorney objected to the
holding on the ground of the dearth OF
evidence against the prisoner. He
said that he felt sure Cramblett would
never be indicted even II held over with
the kind of testimony presented there,
and even If they should indiet him It
would not be long till the trial and no
would be set free to go to the home
place.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-11-24
Made from Grape
Cream of Tartar.

was not. Cramblett told him the shoe
had been of his horse for a week.
Cramblett came to Mt Pleasant for an
examination. McMasters said he had
first degree warrant for Cramblett at
the time, but did not serve il as he
wanted more evidence. He did not
have any arrangement to divide the
blood money with any che.
Harvey Thompson told Of husking
corn at Cramblett's two weeks before
the murder, and of seeing a musket in
the room, in which there was a load,
but no cap ON it, Robt. Nichols tod
of being there husking and seeing the
musket between the jamb and the stair
case. George Thompson, another corn
husker, ccrroborated the foregoing two.
JEFF Rainbow, the man the defense is
trying TO mix in the affair, came on
the stand nervous, and amid deep sill
ence as the defendants attorney was
expected to give him the tx ray stare"
which hypnotizes or transfixes witness
es. He told of his being at Dillonvale
the day of the murder and of his route
home. When crossing a run below
GosnelPs, he heard the report of a gun
and heard screaming in the direction Of
Gosnell's, and the latter noise got
louder as he proceeded. He went in
Gosnell's and tried to quiet the women,
and felt Gosnell's pulse, which was
beating. He went home and sent his
mother down and went after other
neighbors, and finally went for Cram
blett, whom he did not see at the house,
but talked to the father Cramblett
came after he got back to Gosnells. On
discrimination he said he had known
Gosnell since boy, and neither his
father or him were friends OF Cos
nelPs. His first trouble with GosnelI
grew out Of his shooting a dog of Cos
nells One time he caught runaway
horse of Gosneil's, and Gosnell came
and took him and locked mad, but did
not say thank you. He said he and Cos
nell had angry words about a property
corner stone, and dispute about build
ing line fence Cora Gosnell asked
him to go for Cramblett, but he did not
want to go to Crambletts, and he went
there last. His mother and wife
cautioned him against going to Cram
bletts. as they thought Cramblett did
the shooting. thinking so from hearing
the horse go by after the shooting, the
noise sounding like that they always re-
cognized when Cramblett rode by. He
saw Cramblett on Sunday morning
driving Gosnell's cows to the field. He
denied starting the report that Cram
blett did the shooting or playing de-
tective. He denied direct question as
to his shooting Gosnell.
Hugh Best heard the guns report
from knoll where he was standing not
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-11-24
X. OF P. ARTILLERY.

The movement to organize an artil-
lery company among the members of
the U. r. X. of p in this city, is meet
ing with success. The charter has been
granted, and several meetings have been
held, but date for mastering in the
company has not yet been fixed. Capt.
Frank B. Lisby will be the mastering
officer. This is new movement, and
will be the first artillery company ever
organized in the knights of Pythias.
The movement i. creating great enthu-
siasm here.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-11-24
OSCAR GARDNER HOME.

Oscar Gardner returned home yester-
day morning from New York, accom-
panied by his hacker. Hugh Arnold
He is not in the best of shape, and has
not been for several months. One Of
his hands is very badly swollen. He
still has malaria in his system. He Will
remain here until after December list.
His next fight will be in Louisville De-
cember 4th. From Louisville he will
go to New Orleans, and from that city
proceed by vessel to New York, in the
hope that the sea voyage will drive
the malaria from his system.
Try our homemade Mince Meat. Red
eker Bros, 2137 Market street. Phone
739. Stand 10 Centre market.