The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-11-18
INTERSTATE-CALLAHAN
IN THE FEDERAL COURT
JUDGE RULES ON TWO MOTIONS
AND TAKES TWO UNDER
AMUSEMENT.

The Interstate Callahan case occu-
pied the attention of Judge DIETRICH
In the United States district court al
Occur d'Alene last Monday and Tues
day, and his ruling on two motions
and his action on two more which he
has taken under advisement may lead
to satisfactory adjustment of the
difficulties which have divided the
company into two warning factions.
The appointment of receiver a Few
weeks ago by Judge Woods upon com
plant filed by the Callahan Mining
company was followed by a stay OF
proceedings until application could be
made by the present management OF
the Consolidated Interstate Callahan
company to have the case transferred
to the federal court This application
being granted by Judge DIETRICH, the
case came up for hearing In Occur
d'Alene last Monday.
Motion to Remand Denied.
Judge DIETRICH having stated In his
order transferring the case to the fed
eral court that If desired he would
hear further argument on motion to
remand to the state court, motion to
that effect was made by attorneys for
plaintiff on Monday. Arguments In
support of the motion were made by
Louis Hanitch, of Superior, Wis, and
John p. Gray, of Occur d'Alene. Argu-
ment against granting the motion was
made by WIN G.. Graves, Of Spokane
on behalf of the Consolidated Inter.
state Callahan company The motor
was denied.
One motion Granted; Two Under AID
visement.
Tuesday morning Joseph B. Cotton
OF Duluth, attorney for the Interstate
Callahan company, submitted thre'
motions to the court. The first was t
strike from the record the appearance
OF Louis Hanitch as attorney for ant
the answer Of p Fl. Nelson as presi
dent Of the Consolidated Interstate
Callahan company. This motion wa
granted.
The second motion was to dlsmis
ard vacate the order Of the state cour
In appointing a receiver for the In
tarstate- Callahan company and to dis
charge the receiver
The third motion was to dismiss tn
complaint Of the Callahan compan
asking for a receiver on the groun
that it did not show sufficient facts I
sustain the action.
The argument in support of thes
motions was made by Mr.. Cotton. II
was followed by John p. Gray for tn
Callahan Mining company in oppos
ton to the motions, and the argumer
was closed by VIII G. Graves In sur
port of the motions.
Taken Under Amusement.
Judge DIETRICH announced that h
would take the last two motions undo
advisement and would make his ruin
before the adjournment Of the preser
term. In doing so he stated that Will
he had not made thorough examina
ton of the papers in the case, 1t ap
peared to him that to place the affair
of company that is apparently in
highly prosperous condition into tn
hands of a receiver was a remedy to
drastic, and that some other metho
should be devised If ii was found tha
relief was necessary He intimate
that the contending factions Nigh
agree upon referee to whom shoul
be referred any question in conflic
which involved the welfare of tn
company. This suggestion from tn
court seemed to be favorably receive
by the representatives Of both fac
tions, the only point of difference be
ing the limitation to be placed upo
the power Of such referee.