The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-21
WOULD NOT REMAND
DECISION RENDERED IN CASE or
LAMM EFT AL, VS.. THE PARROT.
U. S. COURT HAS JURISDICTION
Suit Will Be Tried There, Instead Of In
the District Body-Whealan VS..
the Rio arande-Demurrer to
Answer Overruled,

Judge Knowles rendered three de.
cisions today in important matters heard
by him few weeks ago.
The first was on the motion Of the
plaintiffs in the case Of Daniel Lamm
and Julia MacGinniss against the Parrot
Mining company, motion having as Its
object the transfer of the suit from the
United States court to the district court.
The motion was overruled.
The action was first brought in Judge
Clancy's department of the district body.
but on motion of the Amalgamated COM
pany, which is practically party to the
suit by reason of the fact that it con-
trolls majority of the shares of the
Parrot, it was transferred to the fed
eral court
Question Of Jurisdiction.
Shortly afterward the plaintiffs raised
the question Of federal court jurisdiction
and presented motion to remand the
case to the district court.
The argument was made on the prOpo-
sition three or four weeks ago and taken
under advisement by the judge, who, by
his decision today, settles the question
of Jurisdiction in favor of the Amalga-
ma ted company.
Immediately after the decision AttOr-
ney A. ]. Shores, for the Amalgamated,
asked the judge to set a time for hear
ing the motion to dissolve the order
restraining the Amalgamated from pay
ing dividends on the Amalgamated stock
held by Parrot stockholders in exchange
for Parrot stock, and the judge named
next Friday.
Could Not Be Taken Up.
In view of the fact that the question
of jurisdiction had to be determined
first the restraining order motion could
not be taken up until after the jurisdic
tion matter had been passed upon.
The second matter on which the judge
rendered a decision was the plaintiffs
demurrer to the defendants plea in
abatement in the suit brought by Katie
j. Whealan against the Rio Grande
Western Railroad company, to recover
judgment for $4,000 damages for the
death of her son, a fireman in the em-
ploy of the defendant.
Along with the demurrer was a mo-
ton for judgment on the pleadings.
The court sustained the demurrer and
denied the motion for judgment on the
pleadings.
Non-Joinder Of Parties.
In it's plea in abatement the defendant
ma intained that there was a non -joinder
of parties to the complaint, for the
reason that the suit was brought by
Katie j. Whealan alone, when William
Whealan, her husband, now a resident
of Colorado. should have Joined in the
issue in order to make it lawful. as the
law provided that where son died
leaving no wife or children the father
and mother We're entitled to share the
estate equally and should he Joined in
an action to recover damages if the cir
cumstances surrounding the death war;
ranted the institution of a suit.
Motion Is Sustained.
In the suit brought by the Butte &
Boston Mining company against the
Montana Ore Purchasing company to
quiet title to the water Of Park canyon,
the motion of the plaintiff to strike cer-
tain portions of the defendants an
swer We're sustained.
This is the case in which the Montana
Ore Purchasing company is alleged to
have secured control Of the water by
sinking shaft on mining claim.
thence drifting along the course of the
stream to a point beneath a reservoir
and tapping the water from below.
The fluid was being piped to the M.
o. p. smelter until restraining order
was issued by the court.