The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-08-14
TO Be TRIED IN
FEDERAL COURT
JUDGE CLANCY MAKES ORDER
TRANSFERRING THE MAC
GINNISS SUIT.
The Order Puts Quietus on Contempt
Proceedings Instituted Against
Officers Of the Amalgamated
and Boston & Montana
Companies For the AL
legged Violation Of
the Restraining
Power.

Power.
In the suit brought by John MacGin-
Miss against the Boston & Montana and
Amalgamated Mining companies and
their officers to prevent the two corr
porations from doing business together,
to have the Amalgamated declared a
trust and secure the appointment of a
receiver for the Boston & Montana,
affairs took turn last evening by the
fling OF petition by the Amalgamated
company for the removal of the cause
to the United States circuit court,
Ninth circuit, district of Montana, and
this mroning Judge Clancy granted the
petition and made the order. This takes
the case out Of the district court en-
tirely and relieves the defendant Off
Gals of the necessity of appearing in
court in September and showing cause
why they should not be punished for
alleged contempt for having filled
their positions after Judge Harvey had
issued an order July % restraining
them from so doing. 1t puts a quietus
| on all matters pertaining to the case in
the district court-rubs the whole bust
ness from the judicial map Of that de-
partment of justice.
The Order and Bond.
The order in the case reads as fol-
lows:
John MacGinniss, plaintiff, VS.. the
Boston & Montana Consolidated Mining
company, A. 8. Bigelow, w. j. Ladd,
Ed. G. Perkins, Edwin s. Green,
Joseph s. Bigelow Leonard Lewisohn,
Frank Klepetko, the Amalgamated
| Copper company, William Scallon and
c. s. Batterman, defendants:
Upon the petition or the Amalga-
mated Copper company, one of the de-
PENDANTS in the above entitled action,
for an order transferring this cause to
| the United States circuit court for the
Ninth circuit of the district Of Mon
tana, and it appearing to the court that
such petition for removal is in due
form of law and that such defendant
has filed its bond, duly conditioned,
| with good and sufficient sureties, the
same having been approved by this
court as provided by law land it APP
pearinG to the court that this is a
proper cause for removal to said cir
| cult court. Now, therefore, it is hereby
| ordered and adjudged that this cause
| be, and it hereby Is, removed to the
| United States circuit court, Ninth cir
cult, district Of Montana; and the clerk
| is hereby directed to make up the rec
| OrO III SdlU cause 1OT lIduSIIllSSlOA "
said court forthwith; and further pro-
ceedings therein in this court are here
by stayed
What the Petitions Says.
The petition for order was signed
by Attorney A. J. Shores in behalf of
the Amalgamated and filed about $50
o'clock last evening, as stated. 1t was
presented to the court today by Cor
nelius F. Kelly. In the document it is
stated that the Amalgamated company
appears especially for the purpose OF
presenting the petition and expressly
| limiting it's appearance to that purpose
| and without any waiver as to any
| question of jurisdiction over the person
| of the defendant or service of process.
| It says the Amalgamated was organ
| lied under the laws of New Jersey, and
| was at the beginning of the suit and
| now is and has been since Its organiza-
| ton a citizen of that state, and Is not
now and never has been a resident of
| Montana.
|. MacGinniss, 1t says, is citizen OF
| Montana as is also the Boston & Mon
| tana company: that Messrs. E. s..
| Green, A. S. Bigelow, Joseph S. Big
| Glow, w. ]. Ladd, and Edward c. Per-
kins are citizens Of Massachusetts.
while Messrs. Klepetko. Scailon and
| Batterman are citizens of Montana.
| It further says that the plaintiff. In
| his complaint, tenders several distinct
| and independent controversies and sets
| forth several distinct and Independent
| causes Of action, or alleged causes OF
! action. which do not affect all of the
| defendants, several of ,ne controversies
| affecting the Amalgamated alone and
| arising and being upon the allegations
| of the complaint controversies wholly
| between the plaintiff and defendant
Amalgamated company, not affecting In
| any manner the Boston & Montana
company or any of the other defend
| ants in the action.
Several allegations in MacGinniss'
| complaint are then dissented and the
result set forth in the petition followed
by the statement thae the PLAINTIFF
claim to such relief tenders contro-
yersy and rests upon the assumed ex-
! istence of a cause of action or right In
the plaintiff not growing out OF his
| ownership OF shares of stock In the
Boston & Montana company and not IN
any way affecting any of the other par
! ties defendant to the action. such con-
| troversy being wholly distinct and sep
arate from all other controversies made
or rendered by the complaint and there
fore wholly between citizens of diner
| ent states.
In evidence of this statement copy
of tn complaint was attached to the
petition.
PERSONAL.