Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-14

J. S. Harris Has Charge of the
Snoh0mish and Tramway.
SETTLED BY U. S. COURT
State Court Had No jurisdiction
Both Sides Had Their
Troubles.

Judge Knowles of the United States
court yesterday extended the authority
OF Receiver J. S. Harris over the whole
of the operations of the Snohomish and
Tramway mines, the controversy over
which has been going on in the courts
for several days.
Some time last July Receiver Harris
was appointed by the United States court
to take charge of the Butte & Boston
n Clara A. Larkin interests in the
mines named. The Heinzes own the re-
naming interests. The two mines were
worked through the Rarus shaft, but fire.
quent clashes resulted between the re-
ceiver's men and Heinze's men. and the
matter was brought into. the courts. /
Some differences as to the cost of min
ing the ore and alleged o~vercharges for
supplies by the Heinzes were settled by
the United States. court. This was fol-
lowed later by an affidavit from C. s.
Batterman of The Butte & Boston, in
which he charged the Heinzes with top
ping cars of ore with waste and appro-
prlating the same to their own use, while
cars intended for the receiver were partly
filled with waste and topped with ore.
Another phase of the controversy was
hat there promised at one time to be a
clash between the United States and dis
trfct courts. After the Butte & Boston
had applied to Judge Knowles for an
extension of the jurisdiction of the re-
ceiver, the Heinzes applied to Judge
Clancy for the appointment of a receiver
for the same mines, n Judge Clancy
appointed Elliott H. Wilson. The SUI
nr0ron oON,~t x~rox 1ore k~,,
proceedings, n Mr.. Wilson did not take |
charge.
The entire afternoon yesterday was
consumed in arguments, Ransom Cooper
of Great Falls making the closing argu-
ment for the receivers side. He paid a
warm tribute to the fighting qualities Of
the Heinzes. He regarded the Wilson re- !
ceivershlp as an insult to the United
States court, n he was of the opinion
that Judge Clancy had not been fully |
informed. or he would not have made |
the appointment of a receiver while an !
Of the same nature was pend-j
ing in.the Unsted States court.
At the conclusion of the argument
Judge Knowles ordered that Receiver
Harris be given full charge of operations |
at the Snohomish and Tramway. In
speaking Of the Wilson receivership mat
ter, the said that the authorities
have held that the court which first OBJ
jurisdiction of the controversy be-
tween parties has jurisdiction to deter
mine all matters that pertain to the liti-
CATION. He cited numerous decisions to
that, the United States court had
in the matter Of the appoint
ment of a receiver. the application hav-
Ing been made In this court two days be-
fore any application was made in the
state court. Judge Knowles continued as
"There has been trouble in regard to
management of the mining properties !
since this court appointed a re-
ceiver. The charges of unfair conduct
have not been alone made on the part
Of the receiver and the plaintiffs in this
case. but by the defendants also. The
accounts have been objected
to by the defendant and the receiver
has objected to the charges of the de-
PENDANT. The has allowed charges
made by the defendant and disalloWed
contention Of the receiver on his
to certain Of these charges.
defendant objected to an allowance
made for the reduction of certain ores
which were in favor of the receiver to
extent of about $4,000. The defend
ants AVE sought to charge about So, 900
for pumping supplies. when the amount
of water to be raised out of the Snoho-
mish mine did not exceed 10 barrels per
day. There has been a dispute about
blacksmlths. One blacksmith was al
lowed FOR the SnohOmiSh and TramWay
mines. Then it appeared in evidence that
this blacksmith did the work of sharpen
ing tools for the Rarus mine; and the
court has had a great deal OF trouble
adjusting the accounts of the parties up
to the present time: n it is understood
there are still contests to the accounts
yet to be considered.
considering all these matters the court
holds that it should appoint a receiver
for these properties. mine the same and
such contracts as to the division
OF the ores as may seem proper.
1.-THE court would prefer that he should
contracts with the Montana Ore
purchasing company for hosting these
ores. but the court will not confine him
to making contracts with any particular
but will expect him to make the
best contracts ne can.
1.-THE receiver will give a bond Of
900 for the faithful performances of
his duties. The plaintiff will give a
bond of $4,000 to save defendants
harmless ON account OF the appointing Of
a receiver in this case"
Judge Mediation for the Montana Ore
company asked the court to
a ruling as to the method of deliv-
ering the ore. but Judge Knowles replied
he would make no rulings, but would
the receiver fully. Heinze. he
said. would be allowed to have his in
spectors.
Thirty days were allowed the Montarr.
Ore Purchasing company to file It's bill
of exceptions.
There will be a mass meeting held in