Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-13
H NEWS IN BUTTE.

The counsel for the Boston & Montana,
MacGinnis and Forester and Receiver
Kinds We're notified by telephone OF the
decision a few minutes after it had been
rendered. The attorneys for the Il. q M.
were inclined to be jubilant over the &C
ton of the supreme court in restoring the
properties to the company and while not
caring to express any opinion as to the
future action of the court in the receiver
ship matter, they felt confident thai the
arguments before the court in the appeal
case would result in the discharge OF the
receiver. The attorneys for the other side
however, held a different view and init
mated that the matter was a long way
from being settled yet.
when the motion to discharge the re-
ceiver was denied by Judge Clancy, SAID
Attorney Scallon, one of the attorneys for
the B. & NJ, eve took an appeal to the
supreme court for a stay of proceedings
pending the appeal. This motion was ar
gued on Tuesday and Wednesday and
this morning the court ordered the stay
and the property turned back to the COM
pany. That means that until the hearing
and determination of the appeal the COM
pany shall have complete possession OF
the properties and if upon the inalh hear
ing the decision of the district court IS
reversed, thu will end the receivership.
If decided otherwise, the receiver will of
course again take hold. The bond OF
$3.50, coo is quite sufficient to protect the
plaintiffs gains any possible damage
Judge Mediation, one of the attorneys
for MacGinnis and Forester, received
the news by telephone from Governor
| Smith. The action of the court in order
ing the properties turned over to the COM
| pany evidently came as a surprise to him,
| as he supposed that while the stay might
have been granted, the receiver would
| still remain in possession until the mat
ter was decided.
Receiver Tom Kinds took the matter
~philosophically enough when the news
was broken to him before noon today.
He stated that he was prepared to turn
the entire works over to the company
Just as soon as the bond had been APP
proved. 1t is understood the bond is be-
ing drawn up in Butte this afternoon.
None of the officials of the Boston & Mon
tana have yet returned to Butte, so that
their views as to when work would be
resumed could not be obtained.
L. O. Evans, Colin Campbell and j.
Galbraith left this afternoon for Helena
on a special train. They took with them
| the bonds which the supreme court re-
ouires the Boston & Montana people to
furnish in connection with the receiver
ship matter and which will be filed this
afternoon.
The Inter Mountains Helena CORE
spondent was unable to get the full text
of the decision rendered today as it had
not been transcribed from the notes up
to 4 O'Clock this afternoon.
Receiver II. r. Kinds last evening re-
ceived a telegram from Mr.. Stanford, who
is in charge of the smelter at Great Falls,
that four carloads of copper matte load
ed for shipment had been refused by the
Great Northern, the officials of the road
claiming that they would not handle it.
The railroad company gave no excuse
for it's refusal to haul the ore.
Mr.. Kinds last night threatened to APP
ply to the court for a writ of mandate tC
compel the company to haul the ore, but
it is likely that owing to the decision OF
the supreme court today no action viii
be taken in the matter for the present.