The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-07-23

that the Daily Bank & Trust company Il
not solvent and he also attacks the sola
vcncy of the Marcus DAILY estate, a large
holder in the institution.
In other words, he attacks a financial
institution which has been in business in
Butte for - years, that is owned by per-
haps the strongest financial interests I'm
Montana.
Attack Is Ridiculous.
The attack, of course, is ridiculous on
its face. Every business man in Butte.
particularly the bankers. To- whom the facts
became known today, denounced tho
llcinzc affidavit and its statements as out
ragcous
They with one accord pronounce tho
attack more OF an assault on the COM
munity than on the one institution.
The fact of lleinze's interests IN soma
OF the banks in which he asks the money to
be deposited is significant II is a matter
of comment today among those convcrsant
with the facts.
II this theory of his motive be correct,
the viciousncss OF il for such purpose
will surely be condemned heartily in all
quarters.
The motion to cash the check will come
up in the supreme court at Helena iomor-
row morning. Some interesting proceed
ings then doubtless will be had.
Text Of Affidavit
Following is the llcinlc affidavit on
which the motion is based
In the supreme court OF the state oi Mon.
tann Miles lnlon, appellant, VS. T. Augustus
llcin1c, ct al, respondents. Nos 49, aud l2Jp.
Affidavit ui 4. Augustus llrngc
State ~ Montana. 'tuutV al Ntlttt I!,N
T. Augustus llcinre. being duly sworn, on
oath drpuscH aud says: That he g. one oi the
respondents in tlc above entitled action. That
heretofore aud during the month oi July. r9oi.
the above entitled court granted an injunction
against the respondents, pcndinR the dcfetmi.
nation Of the appeal, upon the appellant riying
nn undertaking IN the sum OF three hundred
thousand Gjup.oop) dollars. That u. !. Hen.
messy aud \. l.. Bray were sufctics on said
undertaking IN the sum oi one hundred aud
hity thousand 8ISuooo) dollars. aud one hun
dfcd thousand Gioo,ooo) dollars. respectively.
That thereafter the court found that said
surciios were not sufficient surrtcs on said
undertaking on Injunction, aud, upon applica.
ton oi the appellant. made an order permit
ting the appellant Ia place ~ the hands of tho
clerk oi SAID coutt "a deposit oi one hundred
and twenty FIVE thousand Gtls,ooo) dollars. as
security upon SAID injunction to the respond
onts Tor any damages which they might sus.
injunction. That, as aihant is informed and
believes said sum Of money was not deposited
with the clerk but "A check OF the DAILY Bank
a. Trust company. or certified by It, ior said
nmount. was placed in his hands. where said
check has ever since. aihant is informed
and believes, remained
That said check is not aud has not been,
sufficient security TO the respondents. That
said Daily Bank Trust company has q capt.
tai stock ui one hundred thousand GIOoooo)
dollars, and more. That the same 10
authorized, under H. articles oi Incorporation.
TO become security upon bonds aud undcrak.
ngs, and that prior 10 aud since certifying
said check. IT has become obligated upon
bonds aud undertakings in very large amounts
and IN excess oi It's capital stock, as aihant is
informed aud believes. That II is engaged in
carrying on banking busincs, and that. AZ
aihani is informed and believes, IT has received
deposits from various persons and corporations
for which il is obligated IN many hundreds Of
Thousands ol dollars
That II has also engaged in guaranteeing
stock oi the Amalgamaied company 10 persons,
corporations or associations, who have pur-
chased the same, and that II has guaranteed
value for said stock. and that on account
thereof, and on account oi the fact that the
said stock has very largely deprecated in value
since said guarantee was given, IL has become
obligated IN large sums on account thereof
That, as alhant is informed by his counsel,
and verify believes, II said appellant should be
liable ON account Of the granting OF said in
junction, IL would be very difficult, II not i'm.
possible, to obtain satisfaction Tor the damages
which the respondents aud particularly this
litant, would sustain by reason oi the said
injunction having been granted, out Of or on
account Of, said certified check, and that the
damages occasioncd by said injunction will be
very large.
That this court heretofore, in cause No. 1850,
entitled "Boston a. Montana Consolidated
Copper Silver Mining company versus Mon
lana Ore Purchasing company ct all" as alfi-
mt is informed and believes, required and
directed the clerk Oi this court to cash certified
'hecks which had been deposited with him as
security by the respondents in said cause in
he sum Of three hundred and fifty thousand
S35DoOo) dollars and TO deposit the proceeds
II the same with several banks in the city oi
Butte.
That there is in the city Of Butte the follow
ng banks and banking institutions, which aih.
mt is informed and believes solvent and
and would constitute safe deposto.
les for the proceeds Of the said check to.witi
FIRST National bank, w. a. Clark Il Brother,
State Savings bank, Aetna Banking a Trust
ompany and the Silver Bow National bank;
nd that aihant believes, in justice to himself
nd to the respondents in said cause, and
nder the conditions existing with reference
o said check and said DAILY Bank x Trust
ompdny, that ins honorable court should
equre the clerk Of this court to cash said
heck and 10 deposit proportionate part Of
he proceeds thereof with all or several Of the
boye' named banks banking institutions,
nd that ahant believes that the same is neces-
ary 10 the protection Of the said respondents
the aboye'entltled action and particularly
rhant, who have suffered and who will suffer
cry large damages on account OF the said
junction, in that they should not be required
rely upon said check for any recovery, or
Ompelled to bring action on account thereof,
ut should have the benefit OF having the cash
eposted and placed in such condition that 1t
lould be applied to any recovery OF damages
hich may be had by them.
Afhant further says that said DAILY Bank X
rust company, in its business dealings and
isociatons, is interested with the appellant
i'd his successors in interest in the above
ltitlcd action, and is adverse to the respond
ats.
Afiiant further says that he is informed and
,lieyes that Margaret DAILY, widow OF the late
ARGUS Daily and the estate Of said Marcus
aIu Inr oil Of II