The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-04
JUDGE CLANCY ASKS
FOR THE BRIEFS
JNTlMATED HE WOULD GIVE LAW
YERS TEN DAYS TO
FILE THEM.
WANTS TEN DAYS FOR STUDY
Affidavits Read in the Decision Of Mac
Ginniss Against the Boston g. Mon
tana Mining Company.


John MacGnniss against the Boston
Montana Mining company and others, in
which MaeGinniss asked the court to ap-
point receiver to take charge Of the Bos-
ton Il Montana property, and to issue an
injunction forbidding the company to allow
the Amalgamated Copper company to take
possession OF its plant and business and
operate the same.
Wants the Briefs.
At the opening of the session OF the
court this afternoon, Judge Clancy an
nounced to the attorneys that he should
like to have briefs in the case.
II briefs are drawn and submitted upon
the plan outlined by the judge it will be
about 80 days before a judgment in the
suit is rendered by him.
In reference to this matter the court
said:
Il saw the position you gentlemen took
in this matter at the outset, and judge it
is very important case. l presume you
want to keep a record and renew your mo-
tions TO dismiss.
Thinks II Proper.
II think il is proper you save your side
of the case. But think il is right to go
through and get evidence, and I'd like TO
give you about 10 days to prepare briefs,
and Id like 10 days to study them and
then let you gentlemen make arguments.
"The chancellor is within the purview Of
the old heather mythology. He is sup
posed to have Argus eyes and Briareus
arms; TO see everything and reach every
thing.
"If you want to do that all right. IF
you want to do some other way we will
see about it,
The attorneys concerned in the case
made no remarks on the subject, and the
hearing was proceeded with.
Dispositions Are Read.
Judge Mediation had read the deposi-
tions Of Mr.. Winsor and Mr.. Ladd be-
fore the forenoon session was ended, and
he completed that OF Mr.. Addicks.
He then offered an affidavit by Frank
lin Beal, used in the case in the federal
court.
Mr.. Shores objected to it on the ground
that it was not admissible because it
was not entitled in that court. Ex,en-
sive argument followed on the subject,
and the matter was before the court at
latest accounts.
1t is thought the hearing will last a
day or SO longer Judge Clancy will
postpone it this evening till next week,
as he wishes to hear his motion calendar
tomorrow.
Mr.. Shores Speaks.
When the case opened this morning Mr..
Shores for the defendants, rose and said:
II intended to make suggestion at the
opening Of the case, and will make it this
morning. before the hearing is proceeded
with The next case is that OF John Mac
Ginnss against the Boston & Montana
company and its officers.
'It is about the same as this case, and
| do not see any reason for repeating the
whole hearing. ! am willing to enter
stipulation that the decision in this case
be made the decision in that case"
Judge Mediation, for the plaintiff re-
piled: THAT is satisfactory to the
plaintiff"
"Verry well.' said the court.
"There is still another case, the case OF
Lamm and MacGinniss, after the one men
toned by Mr.. Shores" said Judge Nc
Hatton. II have not had anything to do
with it, and do not know anything
about it.
Away on Vacation.
at has been in the hands of Mr.. Jones.
He is away Oh vacation now, fishing
or something of the kind. We tried to
find him when this hearing was set, but
did not succeed. | shall have to ask for
a continuance in it,"
Mr.. Shores then offered to allow the de-
cision in the case being heard to cover the
third case also.
However, Judge Mediation said that the
Parrot company was interested in that
suit, and that the issues or allegations were
possibly somewhat different. He was will
ing to take up Mr.. Shores suggestion, if
it could be DONE but would have to look
into the matter.
"Well take time to sec about it" inter
jected the court. Now, then, ! guess we
can proceed with this hearing"
Judge Mediation opened the hearing
then with the reading Of deposition made
by Henry II. Rogers.
In answer to the interrogatory as to what
his business was, Mr.. Rogers had replied:
II have so many occupations ! will say
am merchant
President Since August.
The deposition said that Mr.. Rogers had
been president of the Amalgamated Cop
per company since August, 1901, and that
the company named had acquired stock in
the Boston & Montana company
Mr.. Rogers said in the deposition that
the Amalgamated company still owned the
stock at the time the deposition had been
made.
He said that the Amagamatcd company
had received dividends from the Boston 4
Montana company prior to June, 1901 but
he did not know how many dividends the
company had received.
Mr.. Rogers explained how the stock
of the Boston & Montana company
had been acquired by the Amalga-
mated company, and said the lat
ter corporation had acquired over
90 per cent of the stock by the payment
of five and one-third shares OF its stock
for one share of the Boston & Montana's
stock. 1t had also acquired stock in the
Butte K Boston at the rate of five and
one-third shares of its own stock for one
and one-third shares of stock of the latter
company