The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-11-25
|NTERSTATE.CALLAHAN
RECEIVER DISCHARGED
M. A. FOLSOM APPOINTED REF
EREE BY AGREEMENT OF
ATTORNEYS.

The order of Judge DIETRICH in the
federal court in discharging the re-
ceiver for the Interstate Callahan
| company who had been appointed by
Judge Woods Of the state court, and
the appointment of Myron A. Folsom
as sort of referee,to whom all mat
ters involving ore contracts and sale
of the, stock of the company must be
referred, can hardly be regarded re-
garded as a victory for either side OF
the controversy for control of the
great zinc mine. In fact, the order of
Judge DIETRICH merely confirms an
agreement entered into by the attor-
neys for the contending parties upon
the suggestion of the court upon an
nouncing that the motions to dis
charge the receiver and to dismiss the
complaint would be taken under ai-
visement. The appointment of Mr.
Folsom is temporary arrangement
pending the final decision of the real
vital question involved in the action
brought by the Callahan Mining COM
pany and Joseph Boutin against the
Consolidated Interstate Callahan com,
pany. That question is to determine
which is the legally elected board Of
directors of the company and that
question will be heard by Judge Del
trich next May, that is, provided he
holds that he has jurisdiction, the In
terstate- Callahan company being an
Arizona corporation and there seems
to be question as to the power of
any court to pass upon the legality of
the election of it's officers outside the
state in which it is incorporated. In
the meantime the bonanza zinc mine
will continue to enrich it's owners re-
gardless of which side of the contro-
versy they happen to be on.
Judge Deitrich's Order in Full.
Following is the order of the federal
court issued last Monday:
"The motion of the defendant, Con.
solidated Interstate Callahan Mining
company, to vacate the order appoint
ing receiver, made and entered prior
to the removal of the cause from the
state court, and for the discharge of
the receiver, having been heretofore
duly submitted; and upon considera-
tiOn it appearing that the plaintiffs
are entitled to a measure of relief but
that such relief may be afforded with
out the maintenance of a receiver or
or seriously disturbing
the defendants possession and opera
ton of its mining property.
Now, therefore, it Is ordered, that |
the receiver heretofore appointed in |
this case be and he is hereby discharg-
ed and his bond released; that in lieu
Of the receivership the defendants an5
each Of them be, and they are hereby |
enjoined and restrained until the fur
-her order of this court, from making |
my contracts for the sale of the pro-
lucts of said mining company to any
person, firm or corporation whatever
md from modifying or resembling any
such contract heretofore made, and
rom issuing, selling or otherwise dis
posing of any stock of said mining
in excess of the 464,99
shares now outstanding, without the
consent in writing of Myron A. Fol-
iom filed in this case.
"As a condition to the making of this
rider counsel for the plaintiffs in oper
'ourt consent to the discharge of tn,
eceiver and counsel for the defendant
mining company waive an Injunction
'ond and consent to all of the terms
lereof excepting only the provision
ouching the sale of stock"