Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-21
the B. & NJ.
ReCE|vERSAIP
Judge Clancy Must Hear the
Motions Made.
SUPREME COURT DECISION
Matter Was Brought Up by the At
t0rney For the COmpany--Case
of F. Augustus Heinze.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena, March 2l.-Another writ was
issued in the Boston & Montana receiver
ship fight today when the supreme court
granted a writ of mandate commanding
Judge Clancy to hear the motions pre-
scented by the Boston & Montana attor-
neys, which he declined to consider last
Saturday. Ransom Cooper, attorney for
the Boston & Montana, made application
for a writ yesterday filing a long petit
ton in support of it to the effect that the
reasons that might have justified the
receivers appointment no longer exist;
that motions have been made to Judge
Clancy to vacate the order of December
is. appointing Kinds, and to discharge
him as receiver, to stay further proceed
ings and to require the receiver to furnish
additional bonds in the sum of 100000,
none of which the lower court would
hear and that the petitioners only
speedy and adequate remedy is by means
of the higher courts intercesson.
The writ issued today commands Judge
Clancy to hear the several motions on or
before March 80, or to show cause to the
supreme court on March 81 why he has
not done so.
Some of The language of the writ is
vigorous. 1t styles the Butte judges ac-
ton as gross abuse of your judicial
power" That portion of the writ reads:
And it further appears that the rea-
sons that justified the appointment Of
receiver have ceased to exist and there
is no longer any necessity or occasion
bar to ia lyp
session of the property or control of the
business of the said relatOr CBoston &
Montana) ,and that your refusal to hear
or determine such motions, and each of
Them was and is wholly unjustifiable, and
a, gross abuse of your judicial power, and
a denial of the REALTORS rights in the
premises; and that the relator is without
any plain, speedy, or adequate remedy
IN the ordinary course of law.
'TherefOre, we do command you that
on or before the 30th day of March, 1899,
at 10 o'clock in the forenoon, you proceed
to hear and determine the said motions
to vacate the said order of December,
1885, appointing the said receiver; and
also the motion to stay the proceedings
under the said order appointing said re-
ceiver and the motion to require said re-
ceiver to furnish additional bonds or that
you show cause before this court at the
court room thereof, in the city of Helena,
state of Montana, the 31st day of March,
1S99 at 10 o'clock in the forenoon, why
you have not done So"
Samuel McMurran, marshal of the SUI
preme court left for Butte this after
noon with the writ to serve on Clancy.
The court cited f. Augustus Heinze to
appear here next Saturday and show
cause why he should not be punished
for contempt in disobeying the courts
injunction issued in the case of the Bos-
ton & Montana VS.. the Montana Ore Pur-
chasing company, Chile Gold Mining
company and the Johnstown Mining
company to restrain working leased por-
tiOns of the Rarus. When Arthur p
HeinZe and the officers of the company
were recently fined $3.50 for contempt in
the same proceedings. the court took no
action in the case of f.. A. Heinze be-
cause at that time he was i'll. The court
stated that his case would be considered
later. hence tOda VS. 0rdnr