The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-05-17
KILLS COMPLAINT
JUDGE BLAKE REPORTS ExCEP-
TIoNS IN MAC dINNIsS CASE.
PLAINTIFF PAYS THE COSTS
Master Of Court Recommends That
Paragraphs Be Stricken Out in Suit
Against Boston Il NJ ntana and
Amalgamated Copper Co.'s.

Judge Blake, the master to whom was
to the complaint In the suit brought by
John MacGinniss ct III. against the Bos-
ton & Montana Mining company and its
officers and the Amalgamated company
and It's officers to prevent the two com
panies from doing business with each
other, to have the Amalgamated com
pany decalred u trust and prevent tn
Boston Il Montana from paying divl.
dends, has made his report To the court
The report was received from ilelens
this morning and filed In the Unltec
States court.
IN the report Judge Blake recommends
that portions of II paragraphs In the
complaint be eSpunged and that Johh
MacGinniss be taxed with $50 costs.
The expunging Of the IA paragraphs
virtually knocks out the entire com
plant and leaves II only n skeleton OF
It's former shape. He says that ia
larger portion of the Objectionable pa
agraphs contain surplusagc matter
Judge Blake's Report.
After giving the title of the cause III
judge says:
"1o the Judges of the above entitled
court: | have the honor to make my
report upon the exceptions heretofore
taken and filed by the said defendant,
the Amalgamated Copper company. to
the bill of complaint of the said plaintiff,
John MacGinnss. and duly referred by
the order of said court, made and en-
tered upon the 5th day of March, 1902, to
me as Il master of said court. ana duly
submitted for decision by Messrs. Nc
Hatton & Cottcr, solicitors for said
plaintiff, John MacGlnniss, and Messrs
A. j. Shores and e. i. Kelly, solicitors
for said defendant, the Amalgamatcd
Copper company.
"First--That all OF that portlon or
Paragraph 4 Of said bin OF complaint,
beginning with the words, that during
the year 1898 and ending with the
words, and In violation of the right of
the stockholders OF said defendant,
Montana company, who had not con
sented thereto, among whom was this
plaintiff, s impertinent and surplus
age.
Cites Certain Paragraphs.
"Second-That the whole OF Para
graph OF said bin Of complaint, be-
tiff and James Forester and ending
with the words, the rights Of minority
stockholders under the laws Of the state
Of Montaha, is impertincnt ana sur
pusage.
"rhird-That the whole Of paragra nh
of said bin OF complaint beginning
with the words. that In pursuance of
the aforesaid DESIRE and ending with
WDr1H int al
stamped cancelled" Is lmpertlnent and
surplusagc.
Fourth-That the whole of parapranb
OF said bill beginning with the words
plaintiff further alleges that In pursu-
ance OF It's purpose To create and main
tam trust, and ending with the words
In which the said Amalgamated Conner
company owns stock, Is mpertlnent and
surplusage.
'Flfth-That the whole Of Paragraph
y, beginning with the words, that said
Afnalgamhted Copper company was or
saniZed,' and ending with the words.
IN The conduct ana management and
business ana affairs Of said corporallons
III montana and elsewherc,' ls importj
nent and snfplusage."
Concluding Statement.
VI i'ohs oi paragraphs ., 10, H. IL, II,
TO- 10, ~ and lS are also knocked out by
ouog" slake, as being impcrtnent and
snrplusage.
IN conclusion Judge Blake says:
therefore recommend that an order
" h'hne py said court that the matter
heScfiped In SAID exceptions be ux-
puhsea from said bill Of complaint and
tnat the sum OF $50 be taxed in favor
h..
sad plaintiff, John MacGinniss
Rumor Is Denied.
London. Nav ,rh.r, A., -. -,