The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-09
THE STAY WAS REFUSED
Judge Clancy Compared to Plum
mer the Road Agent.
AN APPALLING OUTRAGE
Attorney Wallace Scores the Butte
Judge-A Stupendous Moral Wrong
Done - Without Parallel
in History.
Dispatch to the Standard.

I1GleTa, ApTlI he proceedings ia
the supreme court to-day in the Boston
& Montana receivershp matter con-
sisted of the courts refusal to grant
a stay in the writ of assistance, the
receipt of Judge Claney's supplemental
return upon one portion of the peremp-
tory writ of mandate and the announce
ment to the court by one of the B. & M.
counsel that all legal methods having
been exhausted to prevent the great
property from being turned over to a
receiver, the possession had been sur
rendered soon after the court an
nounced it's refusal to grant the stay.
At the morning session of the court
Chief Justice Brantly announced the
courts decision upon the motion made
yesterday for q stay of the writ of as
sistance pending an appeal from Judge
Clancy's order granting the writ. The
court said it was in doubt about the
order being an appealahle one and un-
der the circumstance would have to
deny the stay. In announcing the
courts conclusions Chief Justice Brant-
ly said:
The Courts Conclusiou.
Upon the motion to stay in No. 1888
the court has spent as much time as it
is possible or 1t has been able to, since
yesterday afternoon, and it is a matter
of so much importance. and has been
presented without elaborate argument
that we are left in doubt as to whether
or not the order appealed from or at
tempted to be appealed from is an ap-
pealable order. Under the circum-
stances, we have concluded that we
would not be warranted in granting the
stay asked for in this case, as pre-
Santa6 nv the circumstances
Soon after the court refused the stay.
the local and Butte counsel. following
the mode of procedure agreed upon at
consultation held last night. decided
to surrender the property. This, how
ever. was not known here until this
afternoon, when the court again met to
hear Judge Clancy's supplemental re-
turn upon that portion of the per-
emptory writ of n'2 ndate relating to
the motion to Increase the receivers $
bond The court had authorized the
sending of the return from Butte by
telegraph because of the limited time
intervening between yesterday, when
the return was ordered made, and 2
o'clock this afternoon, the understand
| ing being that the original will be
| filed in the supreme court Monday
| morning Clerk Rickerts laid the tele-
| graphic copy of the return before the
| court as soon as the afternoon session
| commenced 1t showed that Judge
| Clancy had decided that the receivers s
| bond should be increased from 100000
| to half a million and the bond to be
| given within five days of the time the
receiver secured possession. The re-
| turn reads as follows:
Clancy's Return.
Now comes the Second judicial dis
| trict of the state of Montana in and for
| Silver Bow county, and for its further
| and supplemental answer to the writ
| of mandate issued by the supreme court
| in this cause, and in obedience to the
order made by the supreme court on
| the 7th day of April, 1899, the motion
| to increase the bond of the receiver ap-
| pointed in the case of James Forester
| and John MaCGinniS VS.. the Boston q
Montana Consolidated Copper and Sill
| yer Mining company, corporation OF
Montana ct al, which has been hereto
| fore submitted to and taken under ad-
visement by the court, as shown by the
| return to the court of mandate filed III
the supreme court April 7, 1899. was
! decided in open court and an order en-.
| tered to the effect that the bond of the
receiver be increased by the further
| sum of $4OO 900. which bond was to be
| executed by said receiver with at leas'
two sureties, to be approved by the
| court, said bond to be given within five
| DAYS from and after the time when the
receiver should take possession of saiG
| property; that said order was duly
entered by the court and is now par
| of the records of said case, and sait
motion to determine the bond of sait
| receiver has been finally determined by
the court
Wrong Will BE Righted.
The court. after consultation for
| minute, asked William Wallace o
counsel for the Boston & Montana, i
an appeal would be taken from the or
| der fixing the bond at half a million
dollars instead of two million dollars
as asked in the original motion. Mr.
Wallace said he presumed it would
He then proceeded to address the cour
in regard to the conclusions counse
had reached to surrender the propert,
upon being denied the last stay asked
He severely arraigned the eXpart
manner in which the lower court hat
appointed a receiver and characterized
the whole proceeding as on a par will
the acts of Pummer and his gang il
the early days Of Montana. The prop
erty had been surrendered because o
infirmities of the law and there mus
be a temporary submission but he fel
assured the wrong would be eventual,
righted.
after a consultation last evening,
said Mr.. Wallace. land I make thi
statement to your honors because l fee
it is due to myself and to my associat
counsel in this case, and our clients
the parties interested. it was deter
mined that if your honors judicial,
decided that it was impossible or i'm
proper to grant the stay asked for oil
yesterday, this being the final forum
to which we could look for legal relief
we would deliver to the receiver. pos
session of the property, of the Bostol
& Montana company. We have re
sorted to every conceivable legal pro
cedure to prevent this delivery becaus
we felt that the proceeding Institute
without notice on the 18th day of De
cember last was the initial step of
st,Denduus moral wrong which Woul
be consummated by the delivery of pos
session of this property to the receive
appointed by Judge Clancy.
Worse Than Plummer.
I'VE felt that this great injustice wa
being accomplished under the cloak {