The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-10-30
APPEALS ARE
ALL SIGNED
TRANSCRIPTS ARE ALREADY IN
HANDS OF PRINTER.
ENTER MOTION TO ADVANCE
Some Fast Work Done by Attorneys
in Great Mining Cases
at Butte.

at Butte.
Butte, Oct. 29.-Two appeals to the
supreme court in the MacGinniss in
junction suits against the Boston &
Montana company have been perfected
in record-breaking time. The injunc-
ton orders were made by Judge Clan
cy last Friday and today by stipulation
Of the attorneys on both sides the two
big records, each consisting OF nearly
400 pages Of typewriter matter, were
settled. The transcripts, including
the evidence and dispositions in the
cases, were then submitted to Judge
Clancy.
Judge Clancy was found at his resi-
dence this evening by Attorney l.. 0.
Evans, and the transcripts were ap-
proved and signed. The testimony is
in full, question and answer style.
The exceptions and amendments that
were served by Judge Mediation were
formal, and after considering them
only a few hours the Boston & Mon
tana company attorneys agreed to
adopt hte amendments and exceptions.
With the transcripts thus amended
they were presented to Judge Clancy
and received his signature. The tran
scripts were then filed in the office OF
District Court Clerk Roberts.
BY this means the %perfecting OF the
appeals was expedited a month as. re-
CARDS the statutory time tnat is al
lowed in such cases, and usually
through extensions of time that are
granted by the court, two months or
more are taken up in the WORK OF
agreeing upon the form of evidence to
be included in the record that is sent
up on appeal.
To Rush the Printing.
The printing of the transcripts and
the preparation and printing OF the
briefs on both sides will now be rush
ed. It is probable that within a week
the two big transcripts on appeal will
se.Tsertady for presentation to the SUI
#me court. In the meantime a mo-
Xon will be made for the advancing
sSf the cases on the calendar in the
higher court, SO that the appeal may
be reached and passed upon at the
earliest possible moment. 1t is be-
lieved that in view OF the urgency
of the situation and the magnitude
of the interests involved in this state
and elsewhere the supreme court will
grant the motion to advance the cases
on it's calendar.
The formal notice of appeal by the
Boston & Montana company and the
bonds on appeal were filed in the
district court today. The sureties on
the appeal bond are Henry Mueller
and NJ. P. Lavelle.
The transcripts and briefs in each
of the three cases will be almost the
same, and the judgment OF the su'
preme court in any n OF the cases
will govern in all three OF them.
The transcripts on appeal as pre-.
scented in behalf of the defendants,
the Boston & Montana company and
the Parrot company, close with speci'
fcations as to the particulars in
which the evidence as presented at
the trial was insufficient to justify
the order and decision that vas made
by Judge Clancy last Friday, October
%, granting an injunction and en-
Joining the defendants.
The following is the title OF the
Parrot case, the appeal in which has
not yet been perfected:
Daniel Lamm and John MacGin
Miss, plaintiffs, against the Parrot Sill
yer & Copper company "a corpora
tion), Charles S. Dickey, Charles D
Burrage, H. A. Gallwey, Sidney Chase
"A. w. Bemis, E. G. Story, R. D. Wi
kie, Amalgamated Copper company q
~corporation), Henry H. Rogers, Will
lam G. Rockefeller, James Stlllman
F. P. Olcott, Robert Bacon, William
Rockefeller, Albert G. Burrage Nano
William Scallon, defendants"
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