The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1903-12-01
MONTANA COPPER WAR.
Crisis Reached in the Extraordinary
Session of LEGISLATURE.


Session of Legislature.
Helena, Mont, Dec. 1.-The extra
ordinary session of the Montana leg
i~slature which convened today il
pursuance of the call issued three
weeks ago by Governor Toole is
likely to be the arena for a gladia
torial contest as fierce and as in
tensely interesting as the session o.
several years ago which witnessed
the titanic struggle between Copper
King William A. Clarke and Marcus
DAILY for a sea- in the United States
senate. In the present instance the
results are far more momentous than
in the case of the struggle for the
senatorship. The future welfare
and prosperity of one entire and por.
tions of three other states a be
said to depend upon the action of
the session. Arrayed against each
other in the gigantic fight is F. Au-
gustus Heinze. of the Montana Ore
Purchasing Company, backed by the
independent copper men of three
states, and the Standard Oil Compa-
ny, as represented by the Amalga-
mated Copper Company.
The aim of the session is to pass
a law whereby mining cases may be
taken from one court to another
when the judge in the initial court
is shown to be prejudiced. Other leg
islation of like character has also
been promised. A so-called fair trial
was passed by the last legislature,
but was decided by the supreme
court to be unconstitutional on tech
nical grounds.
The present situation is due to
L coup executed by F. Augustus
4einze, president of the United Cop
Der Company and the arch enemy of
he Amalgamated interests. One of
his ~lieutenants, a young mar named
John MacGinnis. was the owner of
L few shares of the Boston and Mon
ana Copper Company. He secured a
restraining the Boston and Montana
company from paying dividends to
the Amalgamated, on the ground
that it is contrary to the laws of
Montana for one corporation to own
stock in another corporation. Fur
thermore, on application, he secured
L decision from Judge Clancy in
which the later said he might at any
time appoint a receiver for the Bos-
ton and Montana. By these decis-
ions the Amalgamated was badly
and, the flair trial" bill
being nullified by the supreme court,
it could not secure the transfer of
the matter to another court.
After vainly bringing pressure to
bear upon the governor to call an
extra session of the legislature. the
Amalgamated shut down it's mines.
throwing 10000 men out of work,
General Manager Scallon announcing
under the laws of Montana the
company could not secure justice.
and that it would be useless to OPP
the mines until assurance of
air treatment was given. He also
said that the mines should be reop-
ened whenever the governor should
a call for a special session of
he legislature to pass remedial leg |
Station. True to his promise, Cen
oral Manager Scallon ordered every !
nine and smelter re-oDened on the
lay Governor Toole issued his call
or the special session. ,
Now, in slang phrase, cit is up to"
he legislature to frame, in response |
popular demand, a change of ven
lie, or change of judge bill by which !
| litigant may avade going before a
judge. and a bill changing |
he practice SO that the supreme |
court may review findings of fact, |
'endered by a trial judge, as well
Is conclusions of law.
Such legislation will not be enact
I'd without a bitter struggle. It is
O be a battle to the death between
he Amalgamated on one side and
he Hainze forces and adherents of
he United Copper Co. on the other.
one side or the other it will be
/ Waterloo.