Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-05
THE UPPER COURT
Takes a Hand in the O'COnnOr-
Order to Show Cause.
JUDGE CLANCY PR oHlBlTED
From Hearing the Mat er--SefVed
With a Copy of the Papers
Last Night.
JUDGE CLANCY PROHIBITED

Judge Clancy was to hav heard repre-
sentatives of the Boston & Montana
Mining company give their reasons TINS
morning why a receiver for the business
of the corporation should not be appointed
by him in compliance with the request
made by Burdette O'Connor of New York
a few days ago, but Chief Justice Brantiy
of the supreme court checked the pro-
ceedings with a writ of prohibition. The
writ was issued in Helena yesterday and
t%elephoned to the company'S attorneys,
Messsrs. Forbis & Evans last evening.
At s o'clock a copy of it was handed to
the Judge. Under the circumstances he
could do nothing say declare the hear
ing off.
The document was issued at the request
Of John F. Forbis, who, as one Of the le-
| gal representatives of the Boston &
! Montana company, went to Helena Tues
day for the express purpose of bringing
the matter before the supreme body. In
! presenting it he submitted an affidavit
/ made by himself. In the document he
stated that he believed Judge Clancy to
be prejudiced and therefore disqualified
from acting in the matter; that his court
lacked jurisdiction.
A portion of the writ issued in response
thereto is as follows:
Nevertheless, you the said district
court. aforesaid, and you, the said Will
liam Clancy the judge thereof, and you,
the said Burdette O'Connor, well know
ing the premises. yet contrlvlng, as 1t
is stated by the said REALTORS, unjustly
to grieve and oppose them by assumlns
to entertain jurisdiction of the aforesaid
action end to apply for and to grant the
aforesaid order to show cause, and by re-
fusing to desist from the making therein
Of an application to make the order for
which the application is made, in con-
tempt of US, against the laws and Gus
toms Of our said state, and to manifest
damage and prejudice and grievance Of
the said REALTORS.
Whereas, the said REALTORS have pray
ed relief and our writ Of prohibition and
the exercise by US of our general super
vision and control over the said district
court and William Clancy as judge there
of in that behalf.
I'VE, therefore, being willing that the
laws and customs of our said state, and
that our citizens should in nowise be OPP
pressed, do command you that you de-
sist and refrain from further proceedings
in the aforesaid cause, and from max
ing, or procuring to be made. any order
therein, or from taking any action on the
order to show cause granted therein re-
turnable on the 5th day of January, 1899
or from making any or further applica-
ton in said cause for the relief specified
in said order to show cause, or n part
thereof, until the further order of this
court, and that you show cause before
u said court at the court room thereo1
in the city of Helena, state of Montana
on the 18th day of January, 1899, at thu
hour Of 10 o'clock in the forenoon, or a.
soon thereafter as counsel may be had
why vol should not be absolutely re
strained from proceeding any further il
said cause or under said order to SHOW
cause or in the matters herein specified
and why this court should not grant sucl
and further writ in the premises as i
may see fit to grant in the exercise of it
general supervision or control over tn
said court n the judge thereof"
The city Of Butte has
condemnation proceedings against Jane
Davidson, Hayes Cannon, George T