New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-11-22

,5.,.,,, 1.sislas,,re will consider the most com
pick question that has come before q Ia" iii@he
body IN the history Of the Northwest. Va ~ a
lion depends the future welfare and prosperity Oh
whole state Great interests hang upon It's oe-
cision: the peace and happiness OF one ehuIe 80
and CO parts of three other states eie 80
weighed in the balance. In course OF 'Ae .
the most stupendous battle Of giants since -NdIu
DAILY and William A. Clark WTes'leu l0'
sn the state will be wageo. -. 49,
While tie shutdown OF the properties o. -
Arlslesmated Copper Company IN 0aOi'''-4o' -
she widespread misery and want cotse4oe4i'
st--twenSy Thousand men In MonCana' " 80 e
idaho and Utah thrown out Of work-haFe Deeli &c
,.ea in the daily press the issues and the oirecl
.fst=s Of the Araaigamated and IFS ar0h-elellis
Augustus Reinze. president Of the Cnteu coPF
s0ornpsnv are little understood OUTSIDE "a -
,...e The trouble between the AmalCamated anu
80, ,teresrs IS Of long standing. There are
SIC .,,,ts nendng between the parties, ano so II
-1tricably intermiXed are the hugaaois 'Ist -
hans no living man has them clearly oehlIeo' -
direct bearing the prosperity OF -aoiiA ,- :.
-,.-o,,.-esl-h alone makes them Of popular III
sercst - . -.
T. recent decision, in connection Win sun
,,-o,,rb+ ~, John MacGinniss right hand man 70
rzeinze and vice-president Of the Onliea Colpe-
s-o.ons-- 70 prevent the AnnalgaTra1eo OuFP-
,-o-,1sn- from taking over its IS per cent OF 'ie
s.., r-ocr ~ tbe Boston and Montana Company
,ra az the several corporations merged ll'o he
rnslranated-w-hich suit was based OF Ma -.
yiss's ownership OF one-hfteenth OF Pei -.
she Boston and Montana-juoge OlaleE, - -
state District Court in Butte, oecloeO lie
- rs unlawful that the Amalganaateo' d
,ysvr-Jersev corporation had no right TO ho1u 'Ie
.toel OF another corporation IN Montala' 'ias -
amslvsmated in so many words was an - 49,
a Montana lie ISSUED a permanent Nlyuii0
restraining the transfer Of stock TO the Auais
sna.ed and prohibiting the payment OF CIV ,
- she Aralramated on its IS per cent OF s'o0A
holdings Three millions in divioehas arc ms -
.n re held MacGinniss's application lol "
r.sze- for the Boston and Montana IN aoeS 80
n, 8 previous application, five years Aeo' 81" -
- -, ,,-.s srst instituted, the same Juoge hao
.--s,+es = receiver who held the properly lo' ~
6svs before removal by the Supreme Couir -
costs Of that receivership. allowed pF -
cy were s2Sl.OOo against the properly "a e..
,-,stes being a holding concern, ana d" I
,,- b.,,. held on the same basis as IL heIo
o.. weston and Montana, concluded mat u -
moi continue TO do business In Montana ui -.
conditions without grave danger 10 i'9
rights. Therefore il shut down 49,. .,,i,as
T1,e result can scarcely be conceived. Inc - -,
= r. -os+ interest Of the State, and upon OlieilI
ensnss the daily bread OF so large proper non =.
she population that the SHUTDOWN W. -. -
sn every hamlet To say that 'le - a.
,,s-aJvzed industrially puts 1t in milo loINi. "a
-. =, mediation between Heinze ana the A"iai-
~,ns,ed by a board. consisting or Cnileo S.a'e
senators Paris Gibson and w A Clarh' I leilSli s
aaroes / Hin Of the Great Northern iNall"0S 80
90 x.
,.s,sv would concede the demands OF the o'nei.
,. She state turned its eyes on the Governor. ana
remauded an extra session OF the leslsia'u'e u SEC
what could be done -, =. -,
For weeks Governor Toole refused either TO can
she session or 10 state his views OF the situauoIl-
II, ms elected three years ago the Democratic
.icl5et His term expires year from next January
TO stem popular sentiment at TINS JuIc.uie, II
snight easily be seen, was TO court poOcal ooiiElo.
Yet i The face Of the petitions from every part OF
.n.a
demands personal letters and committees OF DUST
ness men from all the larger towns swept INTO ms
office. Finally. on November 10 he issued the can
ske6 converting the legislature in special session
on December l.
F5is long delay while he considered the situation
and his deliberate survey of the issue at a time
=, hen petitions and demands from every part OF the
krate were pouring in bring to the front d man
heretofore little known outside his own State The
great power vested in gubernatorial office in Mon
lana was clearly shown. With the stroke Of his pen
he could start the wheels Of commerce cause TO be
resumed a payroll OF enormous magnitude. restore
prosperity 20 the whole people Of a commonwealth
and Danish the wolf that already was barking at
she doors OF thousands OF lowly homes. Had Gov
srro- Toole refused to call the assembly it is posi-
bic that the shutdown might have continued in
scfnItey-perhaps until far into next year In this
event the suerngs Of the miners and their families
and OF those indirectly dependent the industry
On region Of long and severe winter would proba-
bly, have been extreme.
Because peculiar condition exists in the statutes
and the courts OF Montana. In the frst place. the
Supreme Court has laid down the rule, based the
Jaw. that IL viii not review findings of fact by a
trial court. co2hning itself solely 10 reviewing
Fhe conclusions OF law. Thus il the trial court
necides that the set Of facts presented by the
plainu6 Is true. and that the set Of facts pre-
scented by tie defendant is false no matter how
overwhelming the defendants contradictory evil
cence may be. that finding is not subject TO re-
SeiF nd al slr fr.a
81 LAID down, it is in Montana that mining Iiti-
cation OF the character existing between the Anal
samaJed and Heinze need not be tried before a
5ury. and when the trial courts persstenty refuse
10 allow juries. the situation is clear. Further
than this there is change Of venue law applica-
bic 20 civil actions ii Montana One may protest
Hntn black IL the face that the trial nudge in a
lawsuit Is preJudiced. but he has no redress
Practically all the immense LITIGATION between,
Aeinze and the Amalgamated lies in the district
court IN Silver Bow County. Of which Butte is the
Eest The Amagamated Company and the Butte
newspapers declare that The copper king owns
absolutely two OF the three judges Of this court
These statements are made ana repeated often
During the shutdown every daily nevyspaper in
Butte went after these judges rouChshod. accusing
them O. absolute bias bat not an editor or re-
porter manager was even accused Of conteupt
of court The Amalgamated Company issued a
long statement from the record. showing that in
ef and onchalf years OF litigation OF all its thou
sands o. appearances before these judges on trials
orders hearings applications and the various other
processes BY which a litigant goes before court
only twice had il ever secured anything which ap-
preached q cavoraol ruling. The Amalgamated
Corlrauy declares that II cannot get Justice here,
and that IL Judce Clancy's decision in the Boston
and Montana is good law its property liable
20 coulscatIon or Cnfriendly receivershipS at any
zine ana that accordingly legislation is needed.
The Butte Miners Union. perhaps the strongest in