The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-10-29

administration of justice in the state,
and that for that reason he would not
dissent from the opinion rendered by
a majority of the court.
Accordingly, the case came back
and was recently retired before Judge
Clancy, who, finding the facts the
same as on the original trial, held the
law as stated by Judge Harvey and
as affirmed by the supreme court.
This latest development in the
Montana situation is but a new phase
of the long continued effort by the
Amalgamated interests to drive
Heinze to the wall.
AS to MacGnnis Stock.
so far as the Forester and Mac
Ginnis case is concerned, in which
an Injunction was granted by Judge
Clancy the other day, this is an old
case which has been in the courts
since 1897. In that year the Amalga-
mated, thinking that it was faring
better in the federal court than in
the state courts, was very anxious to
get all its litigation with Heinze in
to the federal tribunal. The Boston
& Montana Copper company, one of
its principal subsidiary companies, is
a Montana corporation, and 1t was de-
sirous of making it a foreign corpor-
alton in order to give the federal
court Jurisdiction of their matter in
litigation. 1t therefore organized
another Boston & Montana company
under the laws Of New Jersey, with
its principal office in New York, and
Undertook to compel the holders of
the stock in the Montana corporation
to transfer its holdings to the new
company and receive its stock in lieu
thereof Forester and MacGinnis
had only a small holding, but they
did not choose to make this transfer,
and therefore brought suit to enjoin
it.
The case was tried before Judge
Clancy, and he sustained the con-
tentiOn of Forester and MacGinnis
The case was promptly appealed to
the supreme court, where it was
again decided in favor Of Forester
and MacGinniss, Judge Clancy's deci-
sion being affirmed upon every point.
This decision may be found in the
55th Pacific Reporter, page 229.
Bars the Receiver.
THE AmaIgamated still resisting
the enforcement of this decision,
Judge Clancy appointed a receiver.
The Amalgamated people thereupon
refused to permit the receiver to take
possession. and closed down all their
works as they have recently done,
throwing thousands of men out of
and allowing their smell
-ers at Great Falls and Butte to
freeze up.
process was issued against the
in charge Of the property for
he purpose of Furnishing them for
contempt Of court, and to prevent the
service Of these writs, they all fled
rom the state, with the exception of
)ne, who concealed himself in the
lepths of a mine for many days A
writ of assistance was then sued out,
md the receiver was put forcibly into
possession Of the property. The Off
;ers Of the company then experienced
L change of heart and came into
,ourt, promising to reconvey the
to the Montana corporation
ind abandon the New jersey corpora
ion entirely.
This they have failed to do, and
lave evaded it in many ways, until
hey completely exhausted Judge
Clancy's patience. In consequence
If this he has issued the restraining
order about which so much fuss is
low being made, and the only fault
hat can be charged to Judge Clancy
5 that he did not issue the writ two
lr three wears ago"