New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-02
THE AMALekMATED UPHELD.
Kontana Supreme Court Says Copper Com
many Can Hold Stock There.

ss.le.,. Mont Feh THE Montana supreme
Co.. ro-5a, reversed the decision or Judge
clar~y is Butte. go the Injunction suit o. 1ohl'
Ncef-ris AGAINST the Boston and Montana COM
NAM This is the suit which caused the SHUT
Gown of All the Amalgamated properties ia
Montana hast summer. The case involved me IN
junction issued by District Judge OlallcE
against the Analgaras.ted Copper company ;
holding and voting stock in Montana companies.
Tho decision is very vorunous anc Tar reach
tnp The substance is that McGinnis is prl-
~ste individual and has no right to MAINTAIN
an action agains; the Amalgamated company
doink business in Montana or on the point as
10 whether Il is a monopoly; such action Is oilis
rnaintainabls by the State; that under the e'i-
A. n, the record the Amalgamated Copper
Company Is neither a trust nor a rnohoPols' '""'
,,nser the laws O. Montana enc corporation may
hold as completely as an Individual STOCK Ii
other such corporations and that the same Is
no, AGAINST public policy. House bin No. To- Is
incidentally discussed and its constitutionaIi'g
.,rbeld The case is remanded for further pro
.,aad,,es not Inconsistent .cith the Supreme
Courts views.
House bin 10. IS2 was passed in 1879. ana
,,etoes bv Governor Smith on the ground that
4, WAS corporation measure. 1t was then
rassed over the Governors veto. The law gives
oorporations the right 20 acquire stock In olleI
companies and 70 vote II.
The decision Will release the Boston and Mon
tsna dividend provided the Supreme court does
moi grant a rehe8rlng. A remirtiIur OF me 81
rrer,a Court viii not be handed down 70 r nrteeh
,5sys In the mean time counsel for McGinnls, IL
IS said VIII ask for rehesring II me hlol.ol =
denied the dividends OF the Boston ana MOI
tana become available.
The news OF the action Of the Montana Su-
r-erne Court caused rally in Ama4gaInated
Copper stock from 47ls 10 sos. 1t closed at
rosS. a net gain for the dey Of 29s points
Mr. McGinais. who brought The suit which
has lust been adversely decided by the Montana
Supreme Court is in this city al present stay
fng at the waldorf-Astoris. He said last night
The decision OF the Montana supreme Court in
that to-day reverses in paft on. me -, -
that the AmalEamated Copper company could no1
own. vote or control stock ~ l1e sdsluis- -
pany and which enjoined s3e009 in DIVIDENDS
This decision TODAY wall DC stayed IOI 'ii
Meanwhile none Of those dlylcencs are aNtilaole
Conrauv and II any application 10 TIE supreme
Court FOR p rehearing is granted. those DIVIDENDS
conc and i,erfaps rerrnane-tIv. because the Su-
preme Court merely pointed out that a private IN
s-,ssf laws OF Montana which are the strongest
~ any State in the Union. Bat the supreme Court
brouEit ny me state. J viii therefore. instruct
my attorneys % aTply 70 the Attorney Senfral 10
proceed under those statutes.
This decision ln no way affects any mining titles
In Butte and no one IS interested ~ INC pfoSeeo-
the Hrlrze LITIGATION or the Minnie Healy mine.
The supreme Court has second time awarded the
possoseion 81 she Minnie Itealy mine to i. AE-
49, S,riiiis, ,izes rom The fact 16sf the
Eealv case the same day as the McGinpis-B Os-
ton a.It Montana Copper Mining Company case.