The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-01-03
SUPREME BENCH WILL AGAIN IN
vEsTIaATu CONTEMPT CASE.
ISSUE ORDER TO DONOVAN
Montana Ore Purchasing Company
Required to Show That None of It's
Officers, Agents or Attorneys
Were in Contempt.
Especial to Inter Mountain.)

Helena. Jan. 3-Montana's supreme
court Is not yet satisfied that all OF the
officers and attorneys of the Montana
Ore Purchasing company are free from
contempt In the Justification of the Della
ware Surety company bond In the Penn
sylvania case.
The court evidently proposes TO probe
the matter further and fully. and has
asked the attorney general for another
and supplemental report.
On n former occasion Attorney Gen.
eral Donovan. after an investigation
made In New York and Montana, re-
ported that there had been no contempt
committed.
1t seems. however. that the court In
tends to again take the matter up, and
yesterday issued an order to the attorney
general
Mr.. Donovan is absent from the city.
and 1t cannot be learned just when he
VIII commence his investigation.
The courts order follows:
Supreme Court Order.
Whereas, On the 21st day OF June,
1901. this court. by It's order of that date,
referred the matter OF the justification
of the Delaware Surety company to tho
attorney general with the request that
he take such action thereon touching
any contempt of this court as to him
might seem proper. said order being as
follows: No. 1859. Tho Boston IL Nom
tana Consolidation Copper and Silver
Mining company, appellants. against tho
Montana Ore Purchasing company ct al,
respondents. In the matter of the justI-
fcation of the Delaware Surety COM
| pany, the court being OF the opinion that
there Is In the record of the proceedings
had herein from time to time since tho
application was made by appellant on
April 20. 1901, for an order requiring re-
spondents to furnish additional security
| under the Injunction order heretofore
made herein. some evidence tending to
| show that contempt has been commits
| ted, and that the same should not pass
unnoticed. II is ordered that all of said
proceedings be referred TO the attorney
| general for such action as to him may
seem proper and
Whereas, The attorney general, In
! pursuance Of the request, has presented
| to the court his report, wherein he ex-
| pressed the opinion that the Delaware
Surety company had not been guilty Of
any contempt of this court but has
made no recommends lions or statement
IN respect OF the Montana Ore Purchas-
ing company, or It's officers, agents or at
torneys; and
Whereas. Sufficient appears from the
record OF the proceedings TO warrant an
Inquiry as to whether n contempt was
committed by one or more of the officers
representative or agents of the Montana
ore Purchasing company, or of the Della
ware Surety company, or of both; and
whereas, An investigation of the
! question whether or not the Delaware
| surety company, a corporation, had Itself
| been guilty of contempt was not con-
templated by the order of June 81, 1901,
said order having referred only to a sup
posed contempt committed by the Mon
tana Ore Purchasing company or by In
i dlvldual persons and not to the failure
on the part of the Delaware Surety COM
! pany TO justify,
ut Is ordered that the record of the
| proceedings mentioned I'm the order Of
| June n, 1901, be and the same Is hereby
| again referred to the attorney general Of
| the state or Montana, with the request
| that he ascertain, If II be possible so to
do, whether or not any agent, attorney,
] representative or servant OF either the
| Montana Ore Purchasing company or of
| the Delaware Surety company, within
| the Jurisdiction Of this court has been
! guilty OF such contempt and that he
| present the result of his Investigations
| as report supplemental to the report
| now on file."