Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-07
For Alleged Contempt in Not
Obeying a Writ.
ANOTHER PHASE OF B. & M.
Receivership Proceedings in the Su-
preme COurt--Supplemental Re-
turn Required Tomorrow.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena, April About a climax was
reached in the Boston & Montana re-
ownership fight today when counsel for
Boston & Montana applied to the su-
preme court to have Judge Clancy pun-
ished for contempt under Section 1868 of
the Civil Code, which empowers the SUI
preme court with authority to fine the
lower court as heavily as 81, 900 for not
obeying a writ. Counsel presented a mo-
ton to have him fned the limit. At
tached to the motion was an atfidavit of
Clinton c. Clark, clerk of the district
court, to the effect that Clancy did not
look at the record in various motions
that have been before him any time yes
terday after he adjourned court.
There was also an affidavit to the effect
that after adjourning court yesterday the
judge was seen to enter H. l.. Franks
liquor house in Butte soon after John
MacGinnis of the Montana Ore Purchas-
ing company entered, and that the two
We're inside at least thirty minutes This
affidavit was signed by a fellow named
Blodgett.
J. f. Forbis also made affidavit recit-
ing all the proceedings since Kinds was
first appointed receiver, and tending to
show that the lower court had not tried
to dispose of pending matters eXpedl-
tiously.
The motion to nave the judge cited for
contempt was not presented until after
his counsel had filed his return on the
peremptory writ of mandate.
| Clancy's return was to the effect that
he had considered various motions and
would decide them Monday morning, pro-
vided he was not prevented by any legal
WpltS or words tn that effect
Counsel for the Boston & Montana con-
tended that the return was not satisfac-
tory, and then they moved that the dis
trict judge be cited for contempt as
stated for not obeying the peremptory
writ. William Wallace and Ransom
Cooper favored the motion, while
w. E. Cullen and c. r. Leonard
opposed it. Cullen commended that it
would be unconstitutional to deprive the
accused Of a hearing ard asked leave to
file supplemental pa"ers Mr.. Cooper be-
came rather excited in his argument. Re-
| plying to Mr.. Cullen he wavel his hand
aloft and cried why isn't the old man
here in a dramatic manner, that caused
even the justices to smile. "Thi whole
proceeding has been a disgrace to the
state" Numbered the attorney and the
spectators fairly held their breath. Il OBJ
ject to such language" cried Mr.. Cullen
Counsel is getting outside of the record
The court told Mr.. Cooper to confine him
self to the record and finally stopped fur
Their arguments saying that it had heard
| sufficient. A recess was taken. Shortly
! before noon the court announced it's de-
cisiGn. The court said it would require q
supplemental return tomorrow as to The
motion to increase receivers bonds ard a
supplemental return Tuesday afternoon
as 10 two other motions. No further &C
ton will be taken in the contempt matter
until the supplemental returns have been
made Court announced it's decision as
fOlloWs: I'VE nave determined TO make
this disposition of the matter and that is
that the deferring of the determination
of the two motions to Discharge the re-
ceiVer and of the filing of the supplement