The Butte inter mountain., 1903-08-28
Remarkable Spectacle Is
Witnessed in Minnie
Healy Case.
IS STRANGE SCENE
JuriSt Refuses to Compel
Corporation to Obey His
Own Injunction.

Judge Harney this morning judged be-
tween the United Copper company aud
the Boston & Montana company, and .he
Boston x Montana company was granted
nothing, while the United Copper COM
pany got everything it asked for and
more.
Judge Harney refused to stop the
United Copper company from mining the
rich ore of the Minnie Healy mine.
He refused to make the United Copper
company obey his own INDUCTION to stop.
Refuses to Hear Evidence.
He refused to hear the evidence and
arguments of the Boston & Montana Min.
ing company OH its application asking
him to enforce his own injunction.
He refused to grant the Boston & Mon
tana company even n temporary restrain
ing order to protect it from Heinze's in
cursons on the Minnie Healy rich ore.
He refused the Boston & Montana
company all these things without permit
ting a bit Of evidence to be offered III
the matter.
He refused them at n time when the
supreme court is on a vacation, and the
Boston & Montana company is helpless in
his hands and unable to appeal to u
higher tribunal.
He also refused to transfer the Minnie
Healy case to another court for trial.
He also refused to grant a continuance
of the trial
He refused to hear these matters, and
disposed of them summarily.
One OF the noticeable features Of the
hearing, proceeding, or whatever il was,
that escaped nobody, was the manner
in which the court talked, and his ap-
pearance.
His speech was slow, his utterance
was sometimes too low to be heard, and
his enunoiation was occasionally so thick
that he could net be understood.
From these peculiarities and the
bright crimson hue OF the Judges
countenance il was the opinion of sew
eraI persons that he was not in a con-
dition to conduct court, but in state
where the remarkable character of the
proceeding was not surprising.
But he granted the United Copper COM
pany everything asked of him, and he did
that summariy.
He set the trial OF the Minnie Healy case
at its request for the 10Th of September,
thing the Boston & Montana company
wanted.
He did, indeed, overrule the United Cop
per company's objections to the hearing of
the injunction application, but he after
ward gave it everything it hoped to gain
by the objections by refusing to finish the
hearing or grant the application.
The scene in Judge Harney's court this
morning while the Boston & Montan COM
pany and the United Copper company were
wrestling over the Minnie Healy ledges,
and the Boston & Montana company was
Being denied every right it claimed, even
the right to be heard was so interesting an
exhibition to even the court loungers who
were not concerned in the matter that
everybody gave the proceedings fasci-
mated attention.
To Enforce Injunction.
One of the matters set for hearing was
the application of the Boston & Montana
company asking the court to enforce its
own injunction in the Minnie Heay case,
or revive it, if the court took the view
that an order of revival was necessary for
that purpose, owing to the reversal of the
judgment in the case by the supreme
court.
The injunction was made before the
trial and continued in force afterward on
the appeal, yet, since the reversal of the
case, the United Copper company has in
its face mined and is now mining the
Minnie Healy ores.
The Boston & Montana desired to be
heard on an application to have that
stopped.
The other matter set for hearing was
the motion Of the United Copper company
to advance and set the Minnie Healy case
for another trial.
First Motion Denied.
The first named motion was denied and
the latter granted. Before that was done,
the Boston & Montana company presented
a motion asking the court to transfer the
case to some other county for trial on the
ground that Judge Harvey was disqualified
to try it again.
This motion got lost in the shuttle. while
1t and the other matters, includ - the
United Copper company's objections to the
hearing of the motion to revive the in
junction, were being discussed
Judge lIarney asserted, however, that
he did not believe he was disqualified from
trying the case again, and, while he did not
override the motion in set order, he dis
regarded it, and set the trial for Septenl-
Der I6.
After the proceedings were opened, they
were carried along in go as you please
manner. Neither side was instructed or
permitted to present its motions and petit
tions in all orderly fashion, and Judge Nc
Hatton, for the United Copper company,
kept clamoring to know whether the mat
tcrs were being heard or not
The judgment and rulings OF the court