The Butte inter mountain., 1903-10-30
RUSHING APPEALS
TO SUPREME COURT
JUDGE CLANCY SIGNS, SETTLES AND
ALLOWS BILLS OF EXCEPTIONS
IN THE TWO CASES.
EARLY DECISION HOPED FOR
Thought Supreme Court viii Advance
Cases on Calendar, in View Of
Paramount importance.

The appeals have been perfected and are
ready TO be taken to Helena and filed i'll
the supreme court in the two injunction
and receivership cases in which John Mac
Ginniss and Daniel Lamm are the plaintiffs
and the Boston Il Montana company and
the Amagamated company and their off
GERS are the defendants.
In the similar case in which MacGinniss
and Daniel Iamm are the plaintiffs and
the Parrot company and the Amagamated
company and their officers are the de-
PENDANTS the appeal will be perfected this
evening, it is expected.
In the first named cases the lawyers for
the defendants, having prepared their bills
Of exceptions, yesterday accepted the
amendments presented by the plaintiffs,
MacGinniss and Lamm, and last evening
presented the record thus formed to Judge
Clancy
Signed by Judge Clancy
Judge Clancy signed settled and allowed
the bills of exceptions as presented, Attor-
ney l.. o. Evans having taken them to the
judges home and presented them to him
there, and they will be taken TO the SUI
prcine court at once.
When the same preliminary course has
been taken today in the Parrot case the
appeal in it will follow Immediately TO the
supreme court and then all three cases
will be in fair way OF final settlement by
the latter court within a short time.
The appeal record is very voluminous,
the bills of exceptions being composed of
the full transcripts OF the evidence, in ques-
tim aud aud n trsneuHptis
amount of work had to be done by the de-
PENDANTS lawyers and copysts to get it
into form in so short a time, Judge
Ilancy's decisions in the three cases being
only a week old. The vital necessity for
the appeals and conclusive determination
of the issues presented by the cases caused
every effort to be made TO hasten the per-
fection Of the appeals by the Boston &
Montana, Parrot and Amalgamated conf
panys lawyers.
Rushing Appeals.
Fully month or more in time was saved
| by the expeditions manner in which the
| bills and amendments were prepared and
| settled.
When the appeal records have been filed
| in the upper court they will have to be
| printed, according to the procedure of that
| tribunal, and the printing may take n
week or so. An effort to hurry this fea-
| ture of the preparatory and formal work
will lie made also and it will be finished
as soon as possible.
| 1t is customary to wait till the record
| has been printed before bringing case
| appealed before the attention of the SUI
| premc court, but owing to the great inn
portance to the city of Butte and the state
OF Montana Of these suits motion will be
made at once asking the court of last re-
sort to advance the hearing OF the appeals
| in these cases to the front OF its motion
calendar.
| May Advance Cases.
| II is believed that the supreme court will
be prevailed upon by an appreciation oi
the great public interest i'll the cases and
the deplorable effect they have had upon
the greatest industries of the common
wealth to advance them upon the calendar
for an early hearing.
II this is done and the printing of the
record at Helena is hurried in the mean
time the appeals ought to reach a hearing
before very great length of time, prob
ably within four or five weeks.
When the appeals are presented to the
supreme court the defendants will take
the ground that the evidence was INSULT
Lamm and MacGinniss and therefore
should be set aside.
The bills of particulars in which the
evidence failed to support the allegation.
of the plaintiffs complaints will set out
one point after another, in which the eyi
dence was insufficient.
The defendants will contend that ther,
was no evidence to show that the Amalga
mated Copper company was organized will
the aid OF the Boston & Montana compan.
for the purpose of turning the propert,
OF the latter company over to foreign
corporation.
Amaleamated Not Trust
It will be contended that the evidence
did not show that the organization of th
Amagamated company was for the pur
pose of creating a monopoly to control TIL
copper production, as alleged by Lamm ant
MacGinnss, and that there was no evi
dence to show that the Amalgamated com
pany has been operated or been attempted
to be operated as a trust
1t will also be contended that there wa
no evidence to show that the Amalgamate,
company is disqualified to own stock in til
Boston & Montana and Parrot companie
or to vote stock Or have it transferred upol
the books of the latter companies.
The other allegations of the plaintiff
will be met in the same manner and tn
evidence in full at the trial submitted il