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


Halena, March 25-The supreme court
to-day devoted several hours to hearing
the order to show cause why F. August
Heinze, president of the Montana Ore
Purchasing company, should not be
punished for contempt of court in not
permitting the company of which he
is the head to obey an injunction of the
court preventing the working of
certain piece of disputed mining prop
erty in Butte, and also to hearing argu-
ments upon the motion to quash the
writ of prohibition recently issued by
the supreme court staying Judge Clan
cy and T. r. Kinds from further pro-
ceedings in the Boston & Montana re-
ceivership matter.
The couEt announced .its conclusiori
upon the former, but reserved .Aagat
upon the latter until next week. Both
furnished about the most interesting
proceedings seen in the supreme court
chamber in several months. An un
usual number of spectators as well as
parties directly interested in the out
come of the proceedings were present
the whole day. The contempt proceed
ingS were considered first on March g.
when Arthur p. Heinze. secretary of
the Montana Ore Purchasing company
and the officers of the company We're
adjudged guilty of contempt in disobey-
ing the courts injunction restraining
the Montana Ore Purchasing company
from working the Rarus under the
Pennsylvania lode. F. Aug. Heinze was
unable to appear before the court be-
cause of illness. The court accordingly
continued the contempt matter as to
him.
A few days ago they cited him to ap-
pear in court to-day and show cause
why he should not be punished for con-
tempt. Mr.. Heinze arrived from Butte
last night, along with number of other
Butte people interested in both the con-
tempt proceedings and the writ of pro-
hibition AS soon as court was ready
for business this morning the contempt
case was called up. Mr.. HeinZe was
represented by Governor Smith, c. X.
Leonard and w. f. Cullen. Opposed to
these attorneys We're William Scallon,
w. w. Dixon w. H. Dewitt Ransom
Cooper and B. p Carpenter for the Bos-
ton & Montana; w. Y. Pemberton was
also present as attorney for T. r. Kinds
and Judge Clancy.
Mr.. HeinZe was called to the stand.
After he had finished his direct eXaml-
nation and an attorney for the Boston
& Montana began to ask him questions,
it became evident that the b. & Nj. peo-
pie had something of a surprise in store
in the shape of evidence to the effect
that since the recent contempt pro-
ceedings the Montana Ore Purchasing
company, or some concern acting under
it, had been working under the Penn
sylvania lode, despite the fines imposed
upon officers of the NJ. O. p company
and the courts stern reminder that in
functions We're issued to be Obeyed.
This startling announcement became
more apparent as the Boston & Mon
tana people called to the stand three
engineers who testified that they had
seen men working in the disputed prop
erty since the contempt proceedings of
March g. Mr.. Heinze in his testimony,
said that the ground in dispute was be-
ing operated by other parties under a
lease He denied that any man had
been at work since March y. the day
the contempt proceedings were had Mi.
Beinze was examined first by Governor
Smith and in reply to a question to
tell what he knew about the order of
court enjoining his company from
working under the Pennsylvania, ana
what he did when learning of the same.
he said that while away his brother had
effected lease of the particular ground
with his approval. He was in Helena
at the time and upon his return he
was served with the order of the su-
preme court enjoining further working
of the ground. This order was served
upon him early in March, having been
issued March >. At that time he was
i'll and went to the hospital, remaining
there about three days.
ON cross contamination by Judge De-
Witt, witness said the lease was made
to Max Schilser and w A. Kidney.
Kidney was an emplOye of the Mon
tana Ore Purchasing company, was he
not?"
Yes, sir"
What is Mr.. schilsers relation to
the company"
None"
You are president of the NJ. Q, p.
company"
Yes"
You approved the making of this
lease to these parties""
Yes: was consulted and consented
to have il made
why did you make that lease?'