The Butte inter mountain., 1903-10-30
CALL FOR AN EXTRA SESSION
Butte Business Mems Association Adopts
Timely Resolutions,


The Butte Business Mems association
held a meeting last evening for the pur-
pose of considering the present industrial
crisis i'll this city and state and to take
whatever steps should be found advisable
for the purpose OF securing the reopening
OF the Butte mines and smeters and the
allied industries elsewhere in the state.
The association, after a discussion of
all the elements of the case, passed resou-
tons tavoring Il special session of the
legislature for the enactment OF laws to
relieve the situation and favoring the ar
bitraton of the difficulties between Heinze
and the various mining companies at
tackled by his litigation.
The following resolutions were passed
by the association. whose meeting was at
tended by most of the chief business men
Of the association and the town.
Resolutions.
Resolved That it be the sense OF this
meeting that the governor be requested to
call special session of the legislature for
the purpose OF enacting such laws as would
tend 10 relieve the present industrial con-
dtions, and that the president and secre-
tafy of the Business Mems association be
instructed to advise him OF such action
BE II Resolved, That ii is the sense Of
the Business Mems association OF Butte
city, Mont, that the legal controversies
and disputes between the Amaigamated
Copper company and its constituent com
panies on the one side. and the Montana
Ore Purchasing company, T. Augustus
Heinze and his associates on the other
should be settled by arbitration ii pos
sible, and that such settlement would be
conducive 10 the best interests Of the peo-
,,1a at .t,n 4
BE 1t Further Resolved That this as
sociation does hereby appeal to the re-
spective parties to agree upon a plan of
arbitration whereby the rights of the re-
spective contending parties will be left to
the judgment OF board OF arbitrators, to
be fairly selected by the parties to the
litigation, and that the parties enter into
an agreement to abide the decision of
such arbitrators, when made, and to exc
cute the necessary written agreement,
deeds and conveyances to make the same
effective i'll law and forever settle the
disputes and contentious existing
And, Be 1t Further Resolved, That it
IS the sense OF this association that the ac-
eeptance of such plan would result in
very speedy settlement of the matters in
dispute between them and would result in
all Of the mining properties in the Butte
district being operated and continuous en-
ployment given, and is highly desirable"
Speakers.
Among the representative men OF the
city who spoke at the meeting were Henry
Mueller, w. d. Clark, w. McC. White,
Judge w. O. Spcer, Donald Kennedy, Z.
A. Morley, l.. p. Forestel, Dir. Murray,
?. J. Brophy, J. r. Wharton and Alex
Mackel
Mr., Mueller favored special session of
the Legislature, He was supported by MANY
others OF the speakers. He was also in
favor of arbitration. Mr.. Clark believed
in the special session of the legislature,
and while not opposed to arbitration,
urged call for session of the law
makers.
One OF the interesting speeches of the
evening was that of Attorney Z. B.
Howell who discussed that phase of the
situation regarding the inability of the ST.
preme court to furnish a remedy for exist
ing conditions. He pointed out that it is
idle to say that if wrongful decisions are
rendered by trial courts, there is adequate
remedy in appeal.
Mr.. Howell showed that in questions of
fact the supreme court has laid down the
rule that the findings of the trial court are
absolute. Thus, If the evidence is con-
flicting on the trial and the trial Judge de-
cides that the set of facts presented by one
htigant are true and the set presented by
the oposing side false, however manifestly
unjust and untrue this may be, the Sill
preme court wild not reverse the findings.
The supreme court deals with questions OF
law exclusively If the court has erred in
law that is reversible, but if Interpretation