The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-02-18
VACATED HIS ORDER
Supreme Court Finds That Judge
Clancy Exceeded Authority
in Comanche Case.
Mullins, Backed by Heinze, May
Not Examine the Books of
Boston and Montana.
special 70 The Journal.

special 70 The Journal.
Helena, Mont, Feb. 1S.--The supreme
court took the wind out of the sails of
District Judge Clancy of Butte beca use
of his noted order in the Conlanche case.
permitting Patrick Mullins to examine the
books of the Boston & Montana company.
The court said that Judge Clancy had en-
tirely exceeded his authority and vacated
his order by ordering the matter taken out
of his hands and brought here On writ
of certiorari.
The Boston & Montana Consolidated
Mining COM any some time ago bought
the Comanche mine from Patrick Null
Inns. Shortly afterwards unusually rich
ore was discovered and the mine became
one of the best producers in Butte. Null
Inns then sued the Boston & Montana for
the recovery of the value of the ore ex-
trated and also the mine itself on the
ground that at the time of the purchase
the Boston & Montana was aware of the
rich ore contained in the mine and had
therefore defrauded him out of his rights.
Mullins applied to Judge Clancy :or an
order permitting him to examine the books
of the Boston 4 Montana to ascertain the
amount Of ore extracted, which was
granted. The Boston s. Montana appealed
to the supreme court, with the result that
a writ Of cerorari was issued and in it's
opinion the court took occasion to declare
that Judge Clancy's order was altogether
too sweeping in character and also sat
down upon the contentious Of Mullins at
tornevs that the supreme court had no
jurisdiction
F. Aug. Heinze is supposed to be be-
hind Mullins in the matter.
Land Commission Shortage.
Representative Everett of Choteau
county created sensation in the house
to-day when. in presenting, resolution
asking for an arid land investigation com
mittee. he said that the commission was
represented by an attorney and the com
mittee should have one, too. The house
adopted the resolution and allowed the
committee $500 for that purpose.
Everett prefaced his resolution with
some sensational remarks. declaring that
the report of the expert hired to examine
the books of the commission showed that
1000 had been absolutely misappro-
priated and that the bookkeeper Of the
commission had been found short $4.I0C
by the commission itself, but had done
nothing.
Signed Editorials.
Representative MacGinniss introduced a
bill ir the house providing that newspa
per editorials shall be signed and that the
authors be held personally responsible FOL
libels. The bill also provides that the
names Of the owners of the papers shall
he printed on the first page at least once
every thirty days. This is aimed at the
Amalgamated papers. -.-., q. 81. :
Northern Pacific Comes Down.
In it's bubble with the members Of the
legislature over annual passes, the North
ern Pacific Railroad company came out
second best. '-a'-@ ..
Word has been received from President
Mellen that the sixty day passes will be
renewed at their expiration and made
good for the remainder Of the year. This
semi compromise has been accepted ant
the legislators took back the sixty day
cards, with the understanding that be.
fore the legislature adjourns they will b.
supplanted by ANNALS. -"
The Great Northern, as usual, supplied
ANIMALS in the first place. o.. .......