Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-22
they MUST PUT UP
SOME MORE CASH
PENNSYLVANIA MINE BOND IS
NOT SUFFICIENT TO COVER
THE LITIGATION. n
,pecial OF the Inter Mountain.

Helena Jan. 22.-The supreme court
this morning approved in all the main
points the report of Clerk Rickerts on
the bond of the Montana Ore Purchasing
company, in the Pennsylvania mine con-
test. .a
1t refuses to accept NJ. Q. p. stock as
security on the bond; raises Heinze's val.
uaton 100000 but rejects Clifford alto-
gether a nonresident. 1t holds all
the original sureties and requires new
ones for $425,O0O with the option of file
ing new bond. The order of the court
is follows:
From an examination OF the evidence
submitted by the clerk with the report
made by him herein upon the sutficiency
of the sureties upon the bond required Of
the defendants under the order of De-.
comber 5, 1900, the court finds:
THAT the conclusion reached by the
clerk that the stock of the Montana Ore
/ Purchasing company should be exclude
| ed from the estimate of the assets of all
| the suretieS is correct for the reason that
| the said company is itself one of the
| parties to the action and is liable as
such party as well as a principal upon
| the bond for the full amount of the pen-
| atty named therein.
| nat tIe llnulIlS Oh the cleTk as 10 t110
| suficency of responsibility of F. Aug4
| Henze should be so modified as to allow
said Heinze to stand approved for the
| sum of 100000 instead of 100000.
That the finding as to the responsis
| bility of surety John MacGinnis is cor.
| rect.
THAT the finding as to the responsible
ity of Stanley Clifford should be 50 modi-
| fled as to state that he has not justified
| as a lawful surety under said order Of
! December 5 in any amount, as he does
| not appear to be a resident of the state
| of Montana. Il
| 1T therefore does not appear from the
| evidence as taken and reported that tha
sureties who have signed the bond have
assumed or shown all together financial
responsibility for more than S675 900,
leaving lack of security to the amount Of
$425.000 under said order.
1T is therefore ordered that said de.
| PENDANTS be and they are hereby re-
| qulred to furnish one or more additional
sureties to the amount of $425, 900 or a
| new bond IN the full amount required by
the original order, and that said sure-
ties or new bond be furnished within
seventeen days from this date Provid.
ed always that nothing in this order con-
tanned shall in any way relieve or res
tease any OF the !uretieS upon the bond
i!led December 26 1900. nor lessen or
impair the liability of any one of thenI
to respond to plaintiff to the amount foS
which surety has bound himself there's
by
I Application is made in court this morn.
ing by John Mcbride on behalf of the
State Savings Bank of Butte for an al.
formative writ of mandate to compel the
state treasurer to pay interest ON war;
rants ISSUED against uae state school Of
ihlheS bulidlnS, interest and sinking
fund. The bank holds warrants fol-
about $4,000 and there are about $40 600
worth outstanding besides all having
been issued to Riddle & Roach coatract-
ofS, IN payment for the erection of the
building. The original law provided for
the payment of seven per cent. in terest
from the date of registration of war;
rants drawn on the school of mines
building fund. In 1891 law WAS passed
changing the method of raising money,
providing that bonds be issued and q
new fund be created called 'ruhe state
school of mines building interest and
sinking fund" The state treasurer con-
cedes that the warrants are payable out
of this fund. but is in doubt as to the
payment of interest, and refuses to pay.
} The bank claims the state cannot
change the terms of the original con-
tract under which the warrants were is-
sued and the work done. The state
treasurer was ordered to pay the inter.
; est o" show cause February 4.
i. Articles of Incorporation We're filed
with the secretary of state by the Cas-
oade Lime Co.. of Great Falls, to engage
in mining andsquarry.ng business The
capital stock is 100000 Incorpora tors
and trustees, j. f.. Williams, 5. r. Jen-
sen. j. A. Largent. The Ahrens com.
pany of Great Fills is also incorporated
to engage in the clothing and dry goods
business, Wholesale and retail. Capital
stock $35, 600. Incorpora tors. T.. II. Hh.
rens, l.. NJ. Ahrens and l. S. Watson.