The Anaconda standard., 1899-08-08
CASE ENDED
James Doyle of the Portland
Mine Fame Free at Last.
SET FREE AGAINST HIS WILL
He Spent Eight Weary Months in Jail
for Contempt-Liberty Regained
but s717ooo Judg-
ment Lost.

The celebrated contempt proceedings
at Colorado Springs, Col, against
James Doyle, one of the stockholders
and directors of the great Portland
mine has been brought to an end by
the release of Doyle after ar irnpris-
onment of about eight months. This
has been one of the most remarkable
cases in the history Of modern Iitiga-
ton.
Doyle and James F. Burns were
both interested in the Portland mine,
and both residents of Colorado. Doyle
had, or assumed to have, some sort of
claim against Burns for S750,O00 For
some reason he preferred not to sue
in the Colorado courts, so Burns hav-
ing gone to Iowa to attend a meeting
of the stockholders of the company,
Doyle caught him in that state and
sued him for S750000. Later Burns
brought suit in Colorado to enjoin
Doyle from proceeding in the Iowa
case. The injunction order was issued,
but Doyle paid no attention to it. He
went to Iowa obtained a default. and
upon an ex parte hearing, by his own
testimony secured judgment for
$717, 900
Burns then instituted a proceeding
against Doyle in the Colorado court,
charging him with contempt. The
charge was made good and Doyle was
| committed to Jail, there to remain un-
til such time as he should have the
judgment in Iowa vacated and set
aside, or sign a stipulation to that ef-
feet. This Doyle obstinately refused
to do, holding on. to his S717,000 judg-
ment like grim death, and endeavor-
ing in various ways to collect the
money. In this he failed. a personal
judgment upon a Nonresident obtained
by publication of summons and with
out personal service, being of no value.
save to the extent of property within
the state that may be seized by the
process of the court.
In the meantime Burns and his at
torneyS were at work and they finally
succeeded in getting the Iowa court to
set aside it's own judgment; but it was
done upon the express condition that
Burns should dismiss his action
against Doyle in the Colorado court,
including the contempt proceeding,
and have Doyle released from jail.
The order setting aside the judgment
also provides that Burns shall not at
tempt to have the cause removed from
the Iowa court for trial in Colorado or
elsewhere. Mr.. Burns has accepted all
of these conditions, and Doyle has
been released.
This leaves the case just where it
was when Doyle began it, save that it
will bring Burns within the jurisdic-
ton of the Iowa court, so that If
Doyle hereafter recovers any judg-
ment it will be good everywhere. 1t
is not easy to see through how Mr..
Doyle has kept even. For eight months
he has languished in a Colorado Jail,
and now finds himself with cnly the
privilege of trying his case in Iowa
instead of Colorado, the advantage of
which is not apparent. The case has
attracted much attention in Colorado
and other states, not only because of
it's peculiar features, but by reason Of
the standing and supposed wealth CT
the parties. their connection with the
great Portland mine having made them
known to the mining world from oce an
to ocean.
1t is also remarkable because of the
extraordinary tenacity of purpose
shown by Doyle in clinging to his Iowa
judgment, during eight months Of in
generation in Jail, no amount of pres
sure having any apparent effect upon
him. In fact, he only yielded when
the judgment slipped away from him
by the action of the court which rem
dered it. So he occupies the somewhat
peculiar position of having been re-
leased from durance against his will.
This. however, is not to be wondered
at, when it is remembered that his re-
lease is accompanied by a vacation of
the judgment for which he has suffered
so much.