The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-16
KINDS WAS OUTW|TTED
He Will Not Be q Receiver for
Several Days Yet.
SUPREME COURTS ORDER
A Sudden Halt Called on Judge Clancy
and Receiver Kinds by a Writ OF
Prohibition Officers of the B. &
M. Cited for Contempt.

Yesterday was a day of exciting
events and thrilling occurrences in the
fight which is being made against the
Boston & Montana Mining company
with the evident sole object of harass-
ing and, if possible, wrecking that big
corporation. Thomas r. Kinds. who
was appointed receiver for the company
by Judge Clancy, made an attempt to
take possession of the properly of the
company yesterday afternoon, but
found all of the offices closed, the
mines shut down and the doors and
windows of the hoists boarded and nail
ed up, and he could find no one who had
authority or was willing to turn mil
lions of dollars worth of property over
to a man who was under a caltry
100000 bond. The stay granted by the
supreme court expired yesterday and
the Boston & Montana company's at
torneys went before Judge Clancy and
asked for a further stay until Satur-
day, when the motion to discharge the
receiver is to be heard, but Judge
Clancy refused to hear the application
or make any order whatever. The at
torneys for Forester, or rather for
the Heinzes and the Montana Ore Pur-
chasing company. then filed a motion
to have a number of officers and
attorneys for the Boston & Montana
company cited into court to show cause
why they should not be punished for
contempt for refusing to turn the big
property over to the beer bother and
soda water manufacturer who had been
appointed receiver Judge Clancy did
not hesitate about signing the citation
and Judge Dewitt, John F. Forbis, L.
0. Evans and Louis Marshall, attor-
neys for the Boston & Montana; G.
H. Hyams, general agent of the COM
pany; ]. H. Vivian. the Montana rep
resentative; c. S. Batterman, the en-
sineer: c. r. Davis. R. H. Dunshee. J.
H. Miles and r. Dave, foremen at the
different mines, were cited to appear
in court next Saturday to answer the
charge that they had treated Judge
Clancy's order and the beer botter's
authority with contempt.
As soon as the proceedings before
Judge Clancy were over some of the
attorneys for the Boston & Montana
company attempted to use the COM
pany's private telephone wire for the
purpose of communicating with At
torney Ransom Cooper a Helena. and
found that the wire had been cut.
Other means of communication were
found, however, and the situation ex-
planned to Mr.. Cooper, and in a short
time the attorney in Helena laid the
matter before the supreme court and
about II O'Clock last night writ Of
prohibition was issued calling halt
on Judge Clancy and Receiver Kinds.
Inc writ was sent to Butte by tele-
graph and was received about midnight,
and it is therefore not likely that Mr..
Kinds will manage the Boston G. Mon
tana properties for yet a day or two at
least.
The remittitur from the supreme
court in the case was brought to Butte
yesterday afternoon by Clerk Pick ert,
who acted as special messenger, and the
papers were delivered to Clerk C. c.
Clark and filed shortly before o'clock.
Before the papers reached Butte the
receiver visited the general offices of
the company, and according to an
affidavit he subsequently made, de-
manded Of G. M. Hyams and j. II.
Vivian the surrender of the properties.
He then visited the Leonard mine and
demanded it from Foreman Carl r.
Davis, and did not get it. He next
demanded the East Colusa from John
H. Miles and the Pennsylvania from
r. H. Dunshee, and the Mountain View
from r. Dave. In statements subse-
quently made in court it was charged
that the receiver" found all the win
dows and doors of the different hoists
boarded up with plank and it was
also charged that armed men were
within the barbados prepared to de-
fend the property and resist the eff
forts of Kinds to take them, but the
use of force was not employed for
Kinds returned to town and reported
to his attorney
About the same time the attorneys
of the Boston & Montana company were
al the court house to ask Judge Clancy
for a stay Of proceedings until Satur-
day Notice had been given last week
that such a motion would be made
as soon as the supreme court remit
titur was received, and the HeinZe at
torneys knew that such a motion was
to come up. Governor Smith and W.
E. Cullen came over from Helena to re-
sist it. and with John J. Mediation,
they appeared on the scene sksrtly
after William Scallon, w. w. Dixon,
Judge Dewitt. John F.. Forbis and L.
o. Evans arrived at the court house.
That was about 4:S0 o'clock in the aft
ernoon Judge Clancy, however, was
not there, and for an hour and a half
lawyers and messengers searched for
him all over town. He was finally To-
Gated and informed of the condition of
affairs, and when he reached the court
ilouSe ne Lbu'il lIle room OF depart
ment I. filled with attorneys and par
ties interested in the case Receiver
Kinds. A. P. Henze. F. Aug. Henze,
John MacGinnis and their attorneys.
John ]. Mediation. Governor Smith, w.
E. Cullen and F. f. Corbett were there,
also Scallon, Dixon, Forbis, Dewitt and
Evans, attorneys for the Boston &
Montana.
Well, this is quite tea party you've
got here" was Judge Sancy's greet
ing. What do you gentlemen desire?"
Mr.. scallon stated that they desired
to ask stay in the receivership mat
ter until Saturday pending a hearing
on the motion to Vacate the order an
pointing the receiver. Mr.. Scallon call
ed attention to the fact that the affi-
davits on file in court showed that
all of the property mentioned in For
rester's complaint had been re-trans-
ferred to the Montana company by the
New York corporation and that nothing
now remained in the possession of the
latter. The objects of the suit had been
attained and the Montana company
should not be punished by having a
receiver appointed. at least not until
the motion to vacate the order cOuld
he heard Mr. ScalIap co;d ,l,a.