The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-02

GERS represent both companies and that
they accounted to themselves.
Judge Dewitt, for the defendants
said their right to file the supplemental
answer was unquestioned and would
have been unquestion in any other
case. He said the holders of the 200
shares of stock. who appeared as plant
ifs, were hard to please. First they
made a vigorous objection to the trans
fer to the New York company. Then
the property was reconveyed and how
they object just as vigorously. Judge
Dewitt said he did not intend to follow
the attorneys on the other side into q
review of the whole history of the lti-
CATION, as it had nothing to do with the
question before the court. The defend
ants disobeyed no order of the court
when they reconveyed the property to
the Montana corporation. The deed con-
veying the property to the New York
company was declared null and void
by the court and therefore the New
York company never had any title to
the property, and it is material to show
that the defendants have undone what
had been declared a wrong. The .
PENDANTS are attempting to do just
what the supreme court has said, in it's
several decisions, they shall do. 1t is
perfectly proper to set up. in a supple
mental answer, matters that have arisen
since the original answer was filed. The
defendants want to show that they are
willing to and have obeyed the law as
laid down by the supreme court, and it
is to that the plaintiffs offer an OBJ
lection.
Before passing on the motion for leave
to file the supplemental answer Judge
Clancy said he would hear the motion to
vacate the order appointing Thomas r.
Kinds as receiver and to discharge that
off To,, y
davits which had been fled in support
of the motion, showing that all matters
complained of by the plaintiffs and on
which the receiver had been appointed
had been corrected and that the causes
which existed when the receiver was ap-
pointed no longer existed.
Before Mr. Forbis had concluded the
reading of the aftidavits Mr. Mediation
made an objection to them on the
ground that he had not been served
with copies of the affidavits. He said
he had never known a case where, on
such hearing, the opposing side had
not been served in advance with copies
of the affidayits to be used at the hear
ing.
In spite of the immense and ass7rtve
knowledge of the gentleman" said
William ScallOn. there is no law or
rule requiring the service of copies of
atfidavits on the opposing counsel. The
law says that a hearing of this kind
may be had on af1idavits or Cral tasti-
mony, and counsel might just as we'll
claim that he should be served in ad-
vance with the testimony of witnesses"
Judge Mediation replied that he
thought the counsel on the other side
were very touchy, and as to the refer
ence to his great knowledge'-
'Assertive knowledge / said,' in
terrupted Mr.. Scallon.
In regard to the reference to my
Knowledge said Judge Mediation. Il
want to say that I can get along with
what I have and that I will not ask
counsel on the other side for any"
The objection to the affidavits was
overrued and Mr.. Forbis read the affl-
davits of William J. Ladd. secretary
and treasurer of the defendant compa-
MES; f. H. Lang, bOOkkeeper at the
Great Falls smelter; Joseph II. Vivian,
chief clerk in Butte, and Charles H.
Altmiller head bookkeeper at Boston,
The affidavits showed the value of the
products of the company while the prop
erty was in possession Of the New York
company and the disposition of the re-
ceipts, and that the same set of books
and accounts were used by the two
companies. Altmller's affidavit shows
that between April s, 1898. and Feb. 90,
1899, while the New York company was
in control of the company. there was
paid out in dividends 50, 700 600, which
was a greater amount in dividends than
had ever been paid in the same length
| of time by the Montana company. and
that during the same period the sum
of $71S934 stood to the credit of the sur
plus funds, which was likewise a larger
amount than had been carried to The
credit of that fund in any like period Of
time Heretofore. The balance of as
sets on Feb. %, 1899, was larger b.
$7SS,93 than the balance of assets on
April s. 1898. The assets of the New
York company on April s. 1898. accord
ing to Altmiller's affidavit, We're
$4,0S60O0, as follows: Cash in bank,
1885,, 249.46; loan to Ground Squirrel
syndicate since paid. $4,000; loan to
Butte Water company, secured by
water rents, interest bearing, $i3 $50 So;
Great Falls Street railway bonds. etc,
$Go61.21; third ISSUE Of bonds. B. &, M,
bought on Az per cent. basis, $21 ,S1119;
cash and accounts receivable at Butte.
$4,000: supplies at Butte, $145OOO; cash
and accounts receivable at Great Falls,
SAT 900; supplies at Great Falls $127 900;
copper, silver, gold and blue stone on
hand or sold and not paid for, $2,245-
! 1851. The total liabilities We're S450.1L0,
and the balance of assets on April s,
| 1895 We're So G36, 600 outstanding bonds
$755 600; less cash for redemption. $31.-
3S2.S2; net bonded debt. $723, 617.lS. The
mines and smelters at Butte and Great
| Falls are not included in the assets. The
statement also gives the following in
teresting figures, relating to the same
period of 10 months and a half, from
April S, 1898 to Feb 80, 1898:
Gross receipts from sale of copper,
silver, gold and blue stone. S976S,510. 49,
expenses al Great Falls. $3.50, 676. 20; OK
| penSeS at Butte $6S2 924 81. total eX-