New-York tribune., 1900-05-10
1900. l
VICTORY FOR COPPER TRUST
THE AMALGAMATED COMPANY WINS
ONE OF IT'S MONTANA SUITS.
fBr TELEGRAPH TO THE rR1BuxE.I

Helena Mont. May 9-The decision handed down
by the Supreme Court Yesterday reversed Judge
Clancy of the District Court of Butte, who denied
the application Of the Boston and Montana Mining
Company for order vacating order appoint
ing Thomas R Kinds receiver Of the company's
properties. This is another and most important
step in the Heinze- Rockefeller Rogers, DAILY fight,
and this time the honors would seem to rest with
the Amalgamated company.
The reason for this suit. rather the loop upon
which IL hung. about in this manner.
Some time the Boston and Montana manage
ment conceived the idea Of cutting the GOrdian
knot of litigation and avoiding certain future
legal squabbes and controversies by ceasing to
be a Montana and becoming a New-York cor
porarion.
NewYOrk charter was accordingly taken out.
the Boston and Montana Montana corpora
tion officially declared dead and the Boston
and Montana of New York was called into being
So far all went well No hitch occurred in the
proceedings, and the properties turned over
10 the company which. a New-York cor
poratiou began operating the mines of the Boston
and Montana Company in Montana.
Then the rift in the Lutte. One day in
December. 1898 John MacCinnfsse and James For
minority stockholders appeared in the Dis
trict Court Of Butte and alleged that the trans
fer Of the old company to the Illegal.
and asked that a receiver be appointed 1t was
clear that the law the side OF Forester
and MacCfinniss Judge Clancy granted the order
and Thomas p Kinds became the receiver. An
appeal taken the Supreme Court of the
State, which promptly confirmed the recevershp.
and thus the paradox was presented of one of the
worlds greatest copper mines, admittedly a SOL
vent and paying property, being in the hands of a
receiver. The Boston and Montana people prompt
ly revvihed the Montana corporation, transferred
TO il all the property belonging TO the New-YOrk
then went into court and asked for order
eating the order appointing A receiver The mi
nOriuy stockholders, however, again appeared and
protested against the dismissal of the receiver on.
of itself Illegal. every act II had committed must
by the same token be illegal and void : well and
that all the losses suffered through the contracts
of this illegal Board Of Directors should be made
acts OF the New-York Board of Directors was a
contract that resulted in a loss. according to the
complaint. Of some 5000 600 to the Boston and
Montana Mine Judge Clancy took this view Of
the case, and held that the receiVership should be
continued
As the Law stood there was no appeal but a bill
pushed through the State Legislature permit
ting an appeal from order appointing receiver
and under this law an appeal was accordingly
taken the Supreme Court, which.
csion just rendered renauds the case to he lower
court with Instructions TO admit evidence hereto
fore excluded. and TO hear and determine the mo-
ton in accordance with the views expressed by
the higher courts
This ends this particular phase of the fight and
the Boston and Montana will in a short time be
freed from its receiVership, and important
this endless controversy Is seemingly ended
victory for the Amagamated Copper Com
minority stockholders Of the Boston and Montana
Mine will be. predict. but il is certain
that other legal questions Will be brought up for
they bitterly opposed TO the ABSORPTION
and Boston and consequently some move in
this connection may be shortly looked for.