The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-01-23
MONTANA ORE PURCHASING COM
PANY WANT THEIR BOND
MONEY BACK.
NOTICE WAS SERVED TODAY
1t Will Be Based Upon the Report Of
Attorney General Donovan-New
Chapter Will Be Marked In
This Celebrated Case.
Especial to Inter Mountaln.)

Helena, Jan. 23.--J. ]. McHatto,,
counsel for the Montana Ore Purchasing
company. last evening served notice
upon John II. Forbis and H. O. Evans,
counsel for the Boston &c Montana COM
pany, that on next Monday he would
move the court for an order directing
the clerk of the supreme court to turn
over to the Delaware Surety company
the s35O000 given as a bond in the case
of the Boston & Montana company
against the Montana Ore Purchasing
company.
The notice was served upon the Boston
q Montana company's counsel at the
Grandon hotel.
Mr.. Foibls said last night that tho
Boston Il Montana company would re-
slst the motion.
The notice served on counsel last night
declared that the motion would be based
upon the records OF the case and upon
the report of Attorney General Donovan
on file with the clerk of the court.
The report referred to IL the one madc
by the attorney general after examining
into the facts OF the Delaware Surety
company upon the order of the supreme
court.
The introduction of the proposed mo-
ton will mark IA new chapter In the It'll
gatlon that has involved the Boston g.
Montana and the Montana ore Purchas-
| Ing company
| When the supreme court yesterday
morning took up the appeal In the case
! OF the Montana ore Purchasing company
against the Boston g. Montana, Chief
| Justice Brantly announced that the court
| would consider any suggestions counsel
/ desired TO make with reference to the
disposition of the $780, 900 In cash now
In the hands OF the court.
| The matter, however was not referred
to by counsel for either side, their argu-
ments being devoted wholly to the ISSUE
involved In the appeal under discussion.
! Claims Of Counsel.
Council for the Montana Ore Purchas-
Ing company claim that the action
brought by the Boston e Montana COM
Dany. involving the disputed ground In
the Pennsylvania mine. has been finally
settled.
The Boston e. Montana attorneys on
the other hand declare that IL has not
been disposed of, and the question Is ono
yet to be determined.
Practically the same questions are in
volved In the two actions,
The Boston e. Montana company
brought an action originally In the
United ftates court to restrain the Mon
tana Ore Purchasing company from en-
croaching within the lines of the Penn
sylvania claim.
Judge Knowles granted n restraining
order. which was afterwards dissolve
by the United States circuit court of ap.
peals The Boston a. Montana company
then commenced similar action In the
district court OF Silver Bow county.
The injunction was denied. and on ap-
peal the supreme court affirmed the
order of the lower court on condition
that the Montana Ore Purchasing CONF
pany give bond to protect the Boston
g. Montana company while the owner
ship OF the disputed ground was at issue,
The bond was originally 100000 but
had been increased until it amounted I'd
81 900.
The last increase Of the bond was made
at the petition OF the Boston & Montana
company and amounted to $3.50, 900.
This bond was furnished In cash,
through the Delaware Surety company,
the money being paid hfo lho court and
deposited by II In several banks.