The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-26

join the NJ. o. P. company, can do so
without much danger of being caught
in large damages. If the property is
being operated by a lessee, that lessee,
as l understand the law. and as I have
been advised by counsel. can demon
strate what its profits would have been
from the operation of the property and
can bring suit and recover the profits
that he would derive from those oper-
ations, If it is proved that the Boston
& Montana Is proceeding without any
right in law"
THAT is your legal advice?"
Yes
And for that reason you made this
lease?"
Yes: that was the idea, and the rea-
son why we wished to have the proper
ty. if possible, operated by lease and
when the Boston & Montana should
proceed again to attack us on this prop
erty."
How would that benefit you then, or
your company, if the leasers had
large claim for damages?"
TT would not benefit our company
particularly, but it would be rather det-
| rmental to the Boston & Montana"
so you are doing that as a gratuity
ito these leasers?"
"YeS."
80 as to give them a good chance
ITO have good lawsuit"
"Yes. to give them what I consider
an opportunity of recovering large
damages from the Boston & Montana
company on account of the Boston &
Montana companys ill-will proceed
ings against me and my company"
THE damages the leasers would re-
cover did not interest you at all?"
TT interested me to the extent that
I hoped it would be recovered from
the ROStpn & Montana
Were you to have the profits of these
leases?"
mo, sir"
Simply made that as voluntary
contribution to them?"
Yes"
was issued from the supreme court,
who advised you of it from Helena by
telephone?"
II don't recollect."
Was it Mr.. Warfield or Mr.. Smith
or Mr.. Cullen?'
I am not certain about it. I know
we were telephoning at that time and
I don't know whether the information
| got started from here or was given
TO me in Butte secondhand
"At what time did you receive that
informa tion?"
Il should say it was some time in
the course of the afternoon l did not
note the particular hour"
This contempt hearing was the 9th
Of Maa III. thirk the order Of the court
| was made the At Fave you ceased
working or operating in Pennsylvani>,
ground since then? Has your company
ceased to do SOP
Il think so: yes, sir
Wholly"
Il think So
DO you know?"
Wei, / have given orders shat all
work should stop
TO whom did you give the order?"
Mr. Mcfarland"
Have you ascertained whether that
work has stopped?'
ell, l have bcen advised by him
| tn it has stopped"
You have never been there to see
| for yourself?'
No, sir"
Isn't it fact that you have been
operating in the Pennsylvania ground
on and off for a good many shifts ever
since the 9th of March,
NO. sir"
Wasn't your company operating
there last night"
mo. sir"
working there last night?"
mo, sir: not to my knowledge
You don't know whether your COM
pany has ceased work there or not in
| this period?"
well. I know that I gave orders for
| them to cease working, and I believe
they have"
Mr. Heinze, who are the officers of
the Johnstown company?'
Il don't know"
You are not one?"
mo. sir
Justice PigOtt then asked the witness
! some questions concerning the time that
Mr., Heinze Went to the hospital.
You went to the hospital on the End
of March?"
1T was Thursday; ! don't know the
calendar date"
That was the 2nd of March-Thurs-
day Did you do anything after hearing
the rumor that this court had ordered
| the injunction?'
Yes; l spoke to my brother about
the matter. and | also telephoned here
and made some inquiries, trying to as
certain whether it was 50 or not"
And you ascertained whether it was
| true. did you nOt?'
| No; / did not ascertain anything
positively about it at that time"
Did you do anything after hearing
| the rumor toward stopping the work?
| No. sir: / was under the impression
from what my brother said that the
| lease and papers in connection with the
| matter ana tnt Wllule tid1lSltl anu III IL
| over of the operations of the property
| had been so made that it was valid
| arrangement
Did you know on the End day of
March or the 1st day of March that the
| lessees We're working the property"
| Il thought they were; yes, sir"
when did you first ascertain that
your company was stil working the
mne?"
We'll. the first information that l got
| to that effect, l should say. was when
my brother came back from Helena
| here and advised me that you gentle
| men were Of that opinion
THAT is the first time that You knew
| that the lessees We're in possession?'
My impression of the matter was
| that they had gone into possession i'm
mediately after the 9th Of February,
when the papers were executed"
Judge Dewitt then examined the wit
ness as to when the contempt hearing
| commenced and when he went to the
| hospital. Mr.. Heinze then left the
| stand hut was recalled later in the prO-