Arizona republican., 1902-01-29
THE COBRE GRAHDE CASE
The Rallenborg Petition Before Su-
preme Court Yesterday.

The principal matter in the supreme
court yesterday was the action in inter
vention in the Cobre Grande case. in
stituted By Axel w. HaHenborg Of New
York and James Shirley There was an
oral argument not only upon the mo-
ticn to dismiss but upon the merits OF
the case itself. Judge Hawkins and
Col Wilson appeared for the inter
vcnors and Judge Barnes ana United
States Attorney Morrison for the Cobrc
Grande. As has been previously eze-
planned the object Of this action was to
prevent the settlement of the long
standing litigation which had been 60
ing on between the so-called Greene
and Costello factions CT the Cobre
Cr8ndc. The suit was based on Hal
ienborg's objections to the terms of the
settlement though his interests had
been provided for in the negotiations.
on a hea ring OF the case by Judge
Street the petition for intervention was
denied and an appeal was taken. About
ton was begun by the same plaintiffs
at Prescott in which a receiver was
asked for. That suit viii he heard next
month. A precisely similar suit was
begun by Hallenborg in New York last
summer and Hugh Z. Grant. former
mayor Of New York, was appointed re
ceiver. The only property he can con-
troll under that order is about $4,000
belonging to the company on deposit
in New YORK. 1t was sought in that
suit as in the Prescott suit to restrain
the Phoenix National bank from de-
livering up to the Greene people Ger
tain stocks and deeds which had been
deposited in escrow. The injunction
was granted but in the court of appeals
to which the case was taken the bank
was released from the order. 1t is
probably the object OF the prosecution
Of the Prescott suit TO secure the in
junction since there could be no ad-
vantage in obtaining the appointment
of an additional receiver.
In the arguments yesterday Judge
Hawkins dwelt at considerable length
on the. rights OF minority stockholders.
Justice Dosn said that he had under
stood that the plaintiff, Hauenborg.
was enc OF the majority stockholders
and he asked if it were not true. Judge
Hawkins replied that it was. but that
in this case he was acting for the pro-
lection Of minority stockholders. The
case was submitted
In the case of Josish Herbert appel
liant, VS.. Gertrude Harbert. appellee,
from this county, motion to affirm
was granted Similar orders were
made in the case Of Redewill vs.. Ste
vens. from this county. and StCfello VS.
Molina. from Yuma county. In the
case of o. II. Christie. administrator
Of the estate Of James Roarke, vs..
Thomas Armstrong Jr., motion to dis
mise was denied. The case Of Charles
Wartrran Us. J. W. Williams, c. II.
Pierce and Il. G. Pecka. administrator
of the estate OF 9. II. Pierce. was ar
1rliad and submitted and the apDelleeS
were given to January so u file briefs.
In the ma tier of Charles Goldman. adj
u7iristratoI- OF the estate of NJ Worm
ser n continuance was granted to Jan
uary % it having been represented TO
the court that Mr.. Walter Bennett, one
of the counsel for the appellee, had
been detained by the illness of mem
Der Of his family. An adjournment
was taken until this morning.