Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-07
where The EFFORT WAS MADE TO ACE KINDS IN CHARGE AS
REcEIvER-LoWER COURT ERRED IN RULING.
REC0NVEYANCE DEED AND SALE BILL
ORDER REFUSING TO cATE ORDER IS REVERSED AND CAUSE
REMANDED WITH DIREC TONS TO LOWER COURT
JUDGE TO ADMIT EXCLUDED EVIDENCE
special to the Inter Mountain.

special to the Inter Mountain.
Helena. May THE last chapter in
the effort to place T. r. Kinds in charge
or the Boston & Montana property as re-
celVer in 1898 came to an end today when
the supreme court decided that the lower
court erred in its ruling upon the offer
maze by the Boston & Montana COM
pany of the reconveyance deed and bill
OF sale of the property. The court in
percuriam opinion reverses Judge
Clancy In the case of James Forester
and John MacGinnis VS. the Boston &
Montana company in refusing to vacate
the order of December 15 1898, appoint
ing Kinds receiver. The court holds that
the objection to the offer of deed of re-
conveyance and bill of sale We're without
merit.
IF these had been received" says the
supreme court, "it would have been the
DUTY OF the court below in the absence of
some counter showing to discharge the
order or December Is, 1899, appointing a
receiver"
The court discusses the act passed by
the last legislature which allows appeal
from an order appointing or refusing to
appoint receiver and says in conclu-
sion: 1.-The offer made by the de-
PENDANTS which the court should have re-
qulred the plaintiffs to accept, renders 1t
unnecessary to continue the receiver
snip TOR purposes of an accounting. The
order refusing to vacate the order of De-
cember 10, 1898 Is therefore reversed and
the cause remandeG With directions to
the court below and it's judge to admit
the evidence and the offer excluded and
proceed to hear and determine the mo-
tlon IN accordance with views herein ex-
pressed
The court declines to change the doc
trine announced in 1896 in the case of
wallace against the state board of
equalization, in which the court held
that the state board of eaualizati ton did
not possess the power to increase the
total assessed valuation of counties
This was announced in a decision by
which the whole court in the case of the
state board of equalization against
County Clerk Fortune of Cascade county,
an action for mandamus to compel that
official to obey the directions of the state
board as to increasing the valuation of
livestock.
After careful eXamina ton and con-
slderat1on Of the reasons advanced and
authorities cited" says the court I'VE
are of the opinion that the conclusions
announced in the Wallace case should
not be disturbed or overruled. Since it
was decided two general elections and
two sessions of the legislative assembly
have been held. thereby affording an op-
portunity for the people, if dissatisfied
with the Interpretation, to change the
constitution SO as to cure the evils Of
which complaint is made. but no such
amendment has been proposed. This is
yet available to Them
The court affirmed the district court of
Gallatin county in the case of DIETRICH VS.
Martin ct al, action over steam dredge
lnWar fnt 1,nl lr
because of error in plaintiffs complaint
A long train of freight ears drawn by
two engines passed through here eaarly
this morning enroute to Great Falls, the
freight men at Clancy having returned to
work under an agreement arrived at in
Great Falls last night. Special deputies
guarding railroad property here have
been discharged.