The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-11-19
one MORE ACTION
JOHN M'GINNISS BRINGS An
OTHER SUIT AGAINST B. & NJ. I
ASKS RECEIVER BE APP0iNTH
Desires That B. & M. Directors De
Restrained From Permitting ANAL
gamated Copper Company to Con-
troll and Manage B. b M.

John MacGinniss today brought anoth-
err injunction and receivership suit
against the Boston & Montana Mining
company and it's officers, ostensibly de-
signed to prevent the Amalgamated Cop
per company from taking possession OF
it's property and directing it's affairs.
MacGinniss says there are 100000 shares
of capital stock in the Boston & Mon
tana of the par value of s25, and that he
owns 9S of such shares; and that he
purchased them relying on the Boston
E. Montana conducting it's own business
affairs and controlling it's own property,
in conformity with it's articles OF incor-
poration.
In His Name.
He says the stock is entered upon the
books of the company in his name, and
that he brings the action in his own be-
half and for the benefit Of all other
stockholders in said company similarly
situated with him. and who may desire
to join herein.' He is informed and
believes that there are such stockhold-
ers, and upon such belief alleges the
same, saying that they live in New York,
New jersey and other states.
MacGinniss says he believes the prop
erty of the Boston & Montana is worth
millions, and that the company can
carry on it's business here and earn and
pay ito it's stockholders large dividends
out of it's net earnings"
He further says that substantial rea-
son for his purchase of the stock he
holds was because the Boston & Montana
is a Montana corporation, subject to
Montana laws, and that he considered
such laws as safeguards to the protec-
ton of his interest and rights and the
interest and rights Of the minority stock
holders in such corporation.
He alleges next that disputes will arise
between the Amalgamated company and
the Boston & Montana as to which owns
veins in their respective claims. and
that the former company has no rights to
or interest in the Boston & Montanas
property or business under the law, ana
no right to exercise any control over it,.
Conspiracy Is Alleged.
He then says that, without the plain
tif's consent" the directors of the Boston
& Montana and a majority of the stock
holders Of the company 'conspired TO-
gether and by joint consent, act and CO.
operation, permitted the Amalgamateo
Copper company to take and assume
charge of the Boston & Montana's prop
erty and business and control and carry;
them on, and that it is carrying on the
business and controlling the property
now."
MacGinniss says that this is against
his will and wish. He asks that the
Copper company will con-
tinue to carry on the business and control
the property of the Boston & Montana,
with the aid Of the latter's officers, unless
those individuals are enjoined by the
court from acting in conjunction with IL.
MacGinniss also alleges that, without
right and without the consent OF this
plaintiff and other minority stockhold-
ers similarly situated" the Boston I
Montana and it's board OF directors piad
over to the Amalgamated company q
large sum of money and that the latter
has converted the same to its use.
He further says that If the Amalga-
mated company is permitted to control
the Boston & Montana it will determine
tt at -.aluable veins and lodges belonging
to the latter do not belong to 1t. and do
belong to some other corporation in
which the Amalgamated Copper COM
pany is Interested; that the latter will
vote the Boston & Montana stock and
that the directors of the Boston & Mon
tana will permit this. although they will
know 1t Is unlawful and against the
plaintiffs rights.
Pay Over Large Sums.
MacGinniss alleges that unless enjoined
the Boston & Montana will pay over
large sums to the Amalgamated Copper
company which the latter will not be en-.
titled to and the Boston & Montana ana
it's directors do not keep the books OF rec
ords of the corporation in this state. AZ
required by law, and that they are not
fit persons to act as directors of the conn
pany.
MacGinniss asks that receiver be
appointed to take charge of all the prop-
erty, business and affairs of the Boston
& Montana, and to hold and administer
the same under the order Of the court,
and that the court declare vacant the
Offices Of the present directors. He wants
the present officers and directors of the
Boston & Montana enjoined from taking
orders from the Amalgamated Copper
company.
He also asks that they be enjoined from
allowing the Amalgamated Copper COM
pany to interfere with or direct the busi-
ness Of the Boston & Montana from
transferring any Boston & Montana
property to the latter; from permitting
Amalgamated Copper company directors