The Anaconda standard., 1899-03-19
THE CASE IS CONTINUED
Hearing on the Motion to Dis
charge the Receiver.
BEFORE JUDGE CLANCY
He Will Not Hear It Until the Supreme
Court Has Passed Upon the Writ
of Prohibition and Other
Matters

Judge Clancy seems to be determined
to give Thomas r. Kinds all the
chances he can to get hold of the Bos-
ton g. Montana company as receiver.
Without request from any one and on
his own motion he yesterday indefinite
ly continued the hearing of the motion
to discharge the receiver, and said he
would not hear it until after the su
preme court had passed on the writ of
prohibition issued a few days ago. That
writ was issued ITO prevent Kinds from
taking possession of the property pend
ing a hearing on the motion to discharge
the receiver, which had been set for yes
terday, but Judge Clancy's refusal to
hear it leaves the matter in more un-
certain state than ever. 1t is probable
that the Boston & Montana company's
attorneys will now appeal to the su-
preme court for a writ of mandate to
compel Judge Clancy to hear the mo-
tion and make some disposition of it.
The proceedings in court yesterday
morning were Interesting and in some
respects amusing All the attorneys for
the HeinZe people and the Boston &
Montana company, and many Of the
other parties interested, were on hand
when court opened at 8 o'clock, and the
following is a stenographic report Of all
that took place:
Forester ct al. VS.. Boston & Montana
ct al
The ecourt-Gentlemen, we have jury
here and case for trial, and I will not
call up these motions in the case of
the Montana Ore Purchasing company
against the Boston & Montana. / have
thought the matter over, and I think
that the cases that We're taken up the
other night viii settle those matters,
and l will continue them over until the
supreme court acts on these other mat
ters.
Mr.. Scallon-May it please the court,
We move to be now heard upon our mo-
ton to vacate the appointment of the
receiver.
The court-Well. / want to continue
it: l don't want to hear any argument;
don't want to hear anything about it.
Mr.. Scalon--I don't propose to make
any argument. l am here to make
the request that we be heard upon our
motion to vacate.
The court-Well the request is denied.
Mr.. Scallon-We except to the ruling
of the court.
The court-Very we'll
Mr. Scallon-I wishsto make the state
ment that while I think the court gave
the case the title it should have. it is
not the Montana Ore Purchasing com
pany against the Boston & Montana
company, but Forester ct al. against
the Boston & Montana. I make this
statement that the clerk may get the
right case. and ask that the clerk be
directed to enter our motion to be heard
on the motion to vacate in that case.
your honors refusal of our request, and
our exception to your honor's ruling.
The court-Very well.
Mr.. McHatton-We understand that
the court simply continues these mat
ters for hearing.
The COURT just continue these mat
ters all over until I can hear from
those cases that have gone up.
Mr.. Scallon-Your honor said after
the supreme court gets through"
The court-Yes: when the supreme
court gets through.
Mr.. Scallon-That is, indefinitely.
The eourt-Well. don't know; think
there is definite day set down; I guess
that is definite enough.
Mr.. McHatton--I believe the matter is
to be heard in the supreme court one
week from to-day, and I would suggest
at this time that the court continue
these matters pending here for hearing
until two weeks from to-day, so that
there may be definite time, and if the
supreme court passes upon the matter
which is before it in the meantime, your
honor will probably be able to take
those matters up in two weeks from to-
day; if not they could again be con-
tinued until such time as the matter
in the supreme court is disposed of.
The court-What day is that matter
set down for in the supreme court
Mr.. McHatton-My information is