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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 27, 1903)
THE MORNING OREGONIAN, TUESDAY, OCTOBER 27, 1903. HIGH fENCE MUST G Silverfield Defeats Frank in Suoreme Court. TECHNICALITIES DO NOT WIN Alleged Will of Esther Louise Men denhall Declared Void Because Not Signed Before It Was At Mested by Witnesses. A contract trill be construed so as to arrjve at the intention of the parties and where It was agreed that a fence shutting off light and air shall not be built on a certain line, the con struction of such a fence within a foot of such line will be heid to be within the prohibition of the contract. The document purporting to be the will of Esther Louise Mendenhall Is held to be oid because the signature , of the testatrix was affixed after the signatures of the attesting witnesses. SALEM, Oct 25. (Special.) The Su preme Court today handed dowji de cisions in four appealed cases, affirming the decisions In the court below In each Instance. All the decisions were in Mult nomah County cases: SMverfierd.vs. Frank. Saul Silverfield. respondent, vs. Slg mund Frank, appellant, from Multnomah County, J. B. Cleland, Judge; affirmed. Opinion by Justice Bean. This was a suit to enjoin the violation of a written agreement concerning the use of real estate, and to compel the' defendant to remove a certain fence or structure from the premises. Plaintiff and defendant are the owners of ad Joining property In Portland. Prior to the time defendant purchased his prop erty from plaintiff the parties had agreed in writing that defendant should not erect a house on the south 20 feet thereof, and "no fence, other than a wire or Iron fence, six feet high, shall be erected on, the north line of said south 20 feet during the ownership of said north SO feet by said Silverfield." The north line referred to was the dividing line Between the two properties. Thereafter plaintiff erected two houses on his property, whereupon defendant constructed a solid board fence IS feet high, not on the north line, but within one foot of it and threatened to extend the fence and paint it black on the side next plaintiff's houses. This suit was then brought and in the court below re sulted in a decree for plaintiff as de manded and- defendant appealed. The defendant contended that he could build any kind of a fence he desired any place except on the north line. The Supreme Court, in affirming the decision In the lower court says: "The object to be accomplished In construing a contract is to arrive at the Intention of the parties as expressed by the language used. There is no room for argument as to the purpose and Intent of the parties In making the contract in question. The defendant desired to pre vent the construction of . a building by the plaintiff so near his dwelling .as to interfere" with the use and enjoyment tterejf xMmsolt, andLfamJJy. Thp plain tiff's 'object was to avoid the construc tion by the defendant of a fence or struc ture south and east of his buildings, which would Interfere with the use there of by his tenants. For these purposes only, the contract was made, and,, keep ing this fact in view, there is no difficulty In interpreting its language and arriving at the Intention of the parties. . . . The manifest Intention of the partiea should not be avoided and their purpose thwart ed by any technical construction. The fence or structure ' erected or purposed to be erected Ty the defendant Is within the prohibition of the contract and the decree is affirmed." Mendenhall vs. Mendenhall. In the matter of the estate of Esther Louise Mendenhall, deceased, E. and E. B. Mendenhall, respondents, vs. Rush Mendenhall, executor, appellant from Multnomah County, A. L. "Frazer and M. C. George, Judges; affirmed. Opinion by Justice Wolverton. Mrs. Mendenhall died March 9, 1S9S, leaving a writing bearing date Novem ber 19, 1S97, purporting to be her last "will and testament It named her hus band. Rush Mendenhall, as executor, giving him all her personal property ex cept certain articles bequeathed to Eliz abeth C. Mendenhall, a daughter of her son, Elbert J., and the use of her real property during his life; to her sons, Edward C.-and Elgin R., one dollar each; to her son Cyrus J., it devises one-third of her estate at her husband's death; to Elbert J., one-third for the use and benefit of himself and family during his life, thereafter to be divided equally be tween his wife, Harriet, and their isue; and to her said granddaughter, Elizabeth C, the remaining one-third. This In strument was admitted to probate on May 5. 1898,. and on December 6, follow ing, the respondents filed a petition con testing It The writing bore the signature of Esther Louise Mendenhall and the names of Ed Dennlson and Lizzie B. Dennlson, as subscribing witnesses. The single point in controversy was whether the testatrix subscribed the instrument or acknowledged Its execution In the pres ence of the subscribing witnesses! After setting forth the substance of the testi mony in the case, and commenting upon Its weight, the Supreme Court holds that the evidence Is such as to "Impel us Ir resistibly to the conclusion that the will was neither signed nor the testatrix's signature acknowledged In the presence of the subscribing witnesses, nml Vi- fore that it was not as a matter of fact, attested as by law required." The husband had testified that the tes tatrix signed In the presence of the wit nesses, and that he" saw her write her signature. The attesting witnesses testi fied that the husband was not in the oom at the time, and that she did not sign in their presence and that they did not know whether her signature had been attached at the time they signed. Ed and Al Mendenhall testified that they saw the will some time after it had been signed by the witnesses, and that the signature of the testatrix was not then upon it Ferguson vs. Reiger. W. Ferguson, respondent vs. b. H. Reiger. appellant, from Multnomah County. M. C. George. Judge; affirmed. Opinion .by Chief Justice Moore. This was an action brought in a Jus tice s Court to recover 5250 alleged to be due upon an agreement made upon plain tiff delivering certain merchandise and store fixtures to defendant The case was tried in .the Justice Court and again in the Circuit Court, and came to the Supreme Court upon an appeal from a Judgment In favor of the plaintiff for 2o0 and interest from the time the mer chandise was delivered. The Suprenfe Court holds that as the Jurisdiction in a Justice's Court is limited to the recov ery of 5250, no Judgment could have been given in that court for interest antedat ing the judgment On appeal the cause is tried in the Circuit Court as if originally commenced therein. "Considering the complaint as having been originally filed in such court, we think It had no au vv" b the preaaqt injtfa..a. tn 1vq judgment for interest antedating Its ren dition, for the statute prescribing the form of complaint provides that It shall contain a demand for the relief which the plaintiff claims. If the recovery of money or damages be demanded, the amount thereof shall be stated, and as interest after the breach of a contract Is recoverable only as damages, the failure to demand the same In the complaint rendered the Judgment therefor erron eous." As no exception was taken by appellant to this particular part of the judgment at the time of Its rendition, the respondent Is allowed his costs in this court and the court below, and the cause Is remanded with instructions to enter Judgment for plaintiff for 5250, with interest from date of Judgment ap pealed from. Helney vs. Helney. Joseph Helney, respondent, vs. Arthur and Albert Helney, appellants, from Mult nomah County. A. F. Sears, Judge: affirmed. Opinion by Chief Justice Moore. This was an action of forcible detainer of a tract of land known as the Joseph Helney farm. In the Justice Court judg ment was for plaintiff and defendant ap pealed. They filed an ordinary appeal bond without providing for payment of twice the rental value In case the judg ment should be affirmed. On motion the appeal was dismissed and appeal was taken from this order to the Supreme STREET SCEXE IX Court Thirty-six days after the notice i-i --. i cult Court made its order dismissing the J ojjciii, uic upjjcuuuc unercu tu me me , kind -of bond required by law. The Su- j nreme f!ourf hnMn thnt tn nnvoa nf thin I :: - - : ,: , . . ... . kind the additional bond providing for ; v...- ui tmuc, must be iri'en rind thnt whore nn surh underlaklnsr Is eivpn. thi unnpllnnt r-nn- ,ot amend under section 2249 of .the code. .tu 1.111s tMc, me uei.enua.nis uiu not give even a defective undertaking of the kind nrescribed. and this belnu so. there was nothing to amend by." As the CIr- cult Court did not secure Jurisdiction of j tho nnnoal u ic hM thnt th nnm w the appeal. It Is held that the appeal was propeny dismissed POLITICS AT ASTORIA. Call Issued for Republican Primaries November 4. ASTORIA. Or.. Oct 2C Special.1 The Republican City Central Committee Issued a call tqday -for primaries to be held Wednesday, November 4, and for a con vention to be held November 5, when a ticket will be named for the city election December 9. The committee met this evening and selected the list of delegates to be voted for at the primaries. The officers to be elected la December are a Mayor, Auditor, Police Judge, Treasurer, Surveyor. Superintendent of Streets, one Pollce Commissioner and three Council- ' men. A Citizens' ticket will also be I men. A Citizens' ticket will also be named, but no call for a convention has yet been issued. It Is also stated that for the first time In years there will be a Democratic ticket in the field this Fall. Heretofore the Democrats have united t Wltn tne Citizens' nartv in both thf olrv and county elections, but now some of the leaders announce that they are deter mined to have a 'straight party ticket CLARK LOSES HIS SUIT. Supreme Court Denies Petition "for Writ of Certiorari. SPOKANE, Oct 2G. In the suit' brought bv Patrick Clark and others airalnst th Buffalo Hump Mining Company and the I Empire State Idaho Mining & Milling of the Plaintiffs for a writ of certiorari. ! says a special to the. Chronicle from Wo.1!iirnn Tkl .1 - 1 .1 I Washington. This finally determines the case In favor of the defense. The suit Involved a lot of ore said to have been taken from the Missing Link and Ella mines, In money values to the amount of about 51.000.000. and was made j interesting bv livelv chares of fraud ' ChTrSIweny." pmoSs !LL?.? 1 erties 1 are now owned by -cni.iy "sure ui me ueiense. xne prop-; the Federal Company. CONSTABLE WAS OBLIGING. Permitted a Wily Thief to Escape His Clutches. LA GRANDE, Or., Oct 26. (Special.) Dan Purdee. charged with stealing a shntenn fmm T.-1- i 1 .. I shotgun from Kirtley's barber shop today, also with other offences, was arrested by Constable Martin. While they were on their way to the Jail the prisoner re quested that he might stop and see his sister at a point on the street He asked the officer to remain outside so as not to excite his sister. He stepped boldly Into a residence which He had never seen before, asking the lady of the house If he might pass through the backyard. The officer was awaiting his return, but the prisoner failed to show up, and at last accounts was still at large. Chamberlain' ConRh Remedy. No one who Is acquainted with Its good qualities can be surprised at the great popuiamy oi vnamueriain a uough Rem-' edy. It not only cures colds and grip ef- I ffriinllv and nermancntlv hut nntn,n. ; -; -- . . - fiuicuu f leciuany anu permanently out prevent triMa HIiia:rR from rpcnittfncr In m.w. - . .. ... yiiiuumu- nla. It is also a certain cure for croup nooplng cough Is not dangerous when this remedy Is given. . It contains no opium or other harmful substance and may be given as confidently to a baby as to an adult It ie also pleasant to take. When all of these facts are taken into consideration it Is not surprising that peo ple In foreign lands, as well as at home esteem this remedy very highly and very few are willing to take any other after having once used It For sale, by all drug- OFFER BY HEINZE Counter Proposition to Buy 4 MacGinnfss'Stock i AND END THE LITIGATION Makes Proposal to the Miners In Mass Meeting at Butte, but . the' Offer Is Rejected by President Scallon. BUTTE, Mont, Oct 26. All chance of an immediate settlement In the war between j thdblg copper Interests, composed of the i Amalgamated Copper Company on one side and F. Augustus Heinze on the other. SHERIDAN, SHOWING THE BANK BUILDING TO THE LEFT. was dispelled In a statement issued to- jwb.. . uj j.icoiuc.11. t imam octtiiuii, iiuuu of the Amalgamated Copper Interests In jioniana. Mr. Scallon's statement followed a pro- n,.i . .1 i -- it.i uiw "muc u .h. nemze in a. mass j meeting of 15.000 miners of Butte, called ' mis aiternoon by Mr. Heinze. who stated i that he would receive anv nronasltion from the Miners' Union looking to a set tlement of the present trouble and would, In return, state his proposition. Fearing trouble Mayor Mulllns had several platoons of police present, but with the exception of the scene when President 5"?? J Zi . . .? P"' of the Miners Union, interrupted Mr. Heinze. demanding an Immediate an swer to the proposition of the miners to purchase the MacGInnlss stock, nothing disturbed the peace of the meeting. Pre3ident-'Long grew very excited, and, with the members of his committee, ab ruptly left the meetine after Welnr.A hnrt 4 told blm that he (Heinze) had the stand. mt. .tieinze. in his address, declared Mr. MacGInnlss had left the town at hl3 sug gestion, because of fear of bodily violence. The miners, at the meeting this afternoon, took objection to Mr. Helnze's remarks concerning Mr. MacGInnlss' departure from the city, and In a resolution cen sured the statement of Mr. Heinze that MacGInnlss was obliged to leave Butte be cause he was In danger of violence on the part of the workers. The authorities are taking every precau t, ".- .iiis every precuu- tIon t0 Preven ,an' disorder and a small rmy 2 special police wll soon be on duty. The saloons and gambling-houses of the city will be closed at once as a result of the turn of affairs. The officials of the city, though they have everything under control, now fear the result when an army of Idle . men, such as Is present traversing the streets of the city, grows hungry. Mayor Mulllns called the mass-meeting to order. Introducing Edward Long, pres ident of the Butte Miners' Union, who, in a few words,. formally submitted the prop osition of the union to purchase the Mac GInnlss stock In the Boston & Montana and the Parrott companies, and thus end the litigation over the interests. Offer by Heinze. Mr. Heinze, as the authorized represen tative of John MacGInnlss then took the nour In nlch he criticized the course of tne Amalgamated Copper Company and V rHUtiil. TT T T T- - . . tne atutude of H. H. Rogers and his Standard Oil associates, submitted a counter-proposal to that offered by the miners as follows: shnX"f ,to ,n Purcfnase het 100 shaiAs ot stock ln the Boston & Montana 3'$ ?i in g? ffrroUComanvownL Sff Jpnn MacGInnlss purchased the 100 r-inniac T " "' . ' share. John MacGInnlss was offered In nw uuuut oo per 1S&9, and at several times subsequent 5100, 000 for the 100 shares of stock ln the Boston & Montana Company. I under stand the Butte .Miners' Union to be will ing now to pay as high as 550.000 for the Boston & Montana stock and 5100 per share for the Parrott stock. I am authorized by Mr. MacGInnlss and Mr" Lamm to state that they do not winh to make anv mnnpr nut nf thn n l n n v.i to make an; money out of the sale of this uuc, on me contrary, are willing to make a sacrifice If a sale thereof will result to the benefit of the miners, labor ers and business people of Silver Bow County and the State of Montana, and I am authorized by them to make the fol lowing offer, towlt: "That John MacGInnlss will sell the 100 shares of stock In the Boston & Montana Company for 5200 per share, or 520,000, with Interest thereon from the date of the pur chase at the rate of S per cent per annum, and MacGInnlss and Lamm will sell their shares of stock In the Parrott Company for 555 per share, with Interest on the amount at the rate of S per cent per an num irom tne date or the purchase of said stock, provided the judgments and orders now entered In the case of Forrester and Y"-CiCU " "iC ui rorreaier am i'acGlnnlss against the Boston & Mon tnnn PnmiMm- anA tVi n, r .. , ons actions with reference to this stock are paid, and the whole controversy with reference to this stock and their rights as stockholders shall be forever settled; and provided further that the five undivided thirty-sixths of the Nipper lode claim, owned by the Anaconda Mining Company or the Amalgamated. Copper Company, shall bo sold and conveyed to me for the price paid therefor by the Anaconda Cop per Mining Company at the time it pur chased the same and, $ per cent Interest uiu vwaw me van thereon from the date when the same was purchased, and the Anaconda Copper Min ing Company and the Parrott Sliver & Copper Company shall give me a deed of conveyance, assuring title to all of the veins and ore bodies contained within the said Nipper lode claim, and that the whole controversy with reference to the Nipper lode claim shall be forever settled, so as to enable mo to operate the Nipper prop erty. This will put me In a position to give employment shortly to something over 500 men. "And provided further-that the Miners' Union shall obtain an agreement from Mr. Scallon and Mr. H. H. Rogera that the Amalgamated mines will be kept in con tinuous operation for the next year, and that the present rate of wages which pre vails In the Butte mines and smelters shall be maintained for a period of at least three-years. "As a separate and distinct offer and looking to a settlement of the entire min ing controversies, I hereby further agree to select two men, the Amalgamated Com pany to select two men, and those four to select a fifth, which committee shall have the right to settle all disputes and. the ownership of all controverted ore bod ies, and declare the rights of the respect ive parties, which decision shall be final i and binding. t "Ifhercby bind myself to the prompt and Immediate execution and carrying into effect of either or both of the above offers. If the same be accepted. "F. AUGUSTUS HEINZE." Rejetced by Scallon. President William Scallon. of the Ana conda Company, tonight rejected the prop osition made by F. Augustus Heinze for a deed to flve-thlrty-slxths of the Nipper stock In controversy between him and the Parrott and Anaconda companies In re turn for the sale of the stock of 100 shares in the Boston & -Montana and ICO shares In the Parrott Company, owned by John MacGInnlss. President Scallon character izes the proposition of Mrl Heinze as as tounding and ridiculous and unworthy of consideration. In a sensational statement ssued to the presspnight Mr. Scallon "These offers may look Innocent enough on the face; In reality they amount to a refusal to settle the MacGInnlss cases. They are' a turning down of the Miners' Union proposition, because the conditions of Mr. Helnze's offers are so unreasonable and exorbitant that they are impossible of acceptance. As to the proposed arbi tration, It is one not recognized by law; and It would not be and could not be made binding on Mr. Heinze, and unfortu nately would settle nothing, but would only lead t& more prolonged litigation. To dispose of this last offer first: The law of Montana upon the subject Is stated ln section 2270 of the code of procedure as follows: "Persons capable of contracting may submit to arbitration any contro versy which might be the subject of a civil action between them, except a ques tion of title to real property In fee or for life. This qualification does not include questions relating merely to the partition or boundaries of real property." "The Supreme Court of Montana, in the recent Pennsylvania case decisions, has held. In deciding in favor of Mr. Heinze, that these underground controversies be tween these parties Involve questions of title to real estate, and not merely to questions of boundaries, and then title Is one ln fee. It thus appears that Mr. Hemze proposed a method of settlement which the law does riot recognize, and If the decision was against him, he could snap his fincers at the nrhitrntno on the Amalgamated Company and " keep iiijiiL uiong. "The Amalgamated people are not indis posed tO Settle these COntrovrl.a an any effective method of doing so would receive consideration; and I would sug gest mat tne best way to settle any diffi culty is ior ooin parties to try to be fair. If Mr. Heinze would try to be fair, doubt less a reasonable settlement would be reached. What Heinze Would Make. "It Will be seen at a crlanrn ivhnf ? haul he would make on the proposition 5281.000.000 to be distributed among tho parties to this nice little wrecking ar rangement Heinze, Hinds, MacGlnnissand ineir consorts and tnat is not all yet It i3 also conditioned, and Mr. Heinze states ln so many words: 'Provided further, that the five undivided thirty-sixths of the Nipper lode claim, owned by the Anaconda Copper Mining Company, shall be sold and conveyed to me for the price paid therefor bv ths Arnmn.u r- i tt - ""7 --. vci , KimiiiB ujmpany ai ine time It purchased i the same and 8 per cent Interest thereon from date when the same was purchased, and the Anaconda Copper Mining Com pany and the Parrott Silver & Copper Company shall give me a desd of convey ance assuring title to all the veins and ore bodies contained within the -said Nip per lode claim, and that the "whole con troversy with reference to the Nipper Lode claim shall be forever settled, so as to enable me to operate the Nipper prop erty.' "Tn o mnat Inr. V. 1 .1 1 f . t , "itcwm, nciu uuiure me JierK of the Supreme Court in 1S00. Mr. Heinze. upon nis oatn. testinea tnat his 31 thirty sixths Interest ln the Nipper was worth 55,000.000. This was in the Pennsylvania case, when he was required to Justify as a bondsman. If his statement under oath was anywhere near true. It would follow that, according to Mr. Helnze's sworn testimony, he would get In addition to tho enormous sums above mentioned an In terest worth, according to him, 5S05.450. "But there is something more Important yet Involved ln this condition. He must get deeds from the Anaconda and Parrott Companies assuring him title to all the veins and ore bodies "within the Nipper claim; in other words, granting to him all he claims under the Nipper title. Un der that he could lay claim to a large portion of the Never Sweat and Parrott mines. "The value of the property wh'sh Jtfr, i J Heinze thus covertly seeks to obtain by ""a uicr cannot dc szaiea ounanu, qui it is enormous. For their little 100'shares of Boston & Montana stock and their SO shares of Parrott stock, MacGInnlss. Heinze & Co. would get millions of dol lars. Note also that the market value of MacGInnlss stock. Judging from the presr. ent quotations of the Amalgamated and Parrott Is leas than MacGInnlss paid for It These figures were, of course, not ex plained 'or stated by Mr. Heinze In his printed offer. How shall such a proposi tion be characterized? Is it not the rarik est gall? "In addition to that, he makes- another condition, which 13 really an insult to the Miners Union, as well as to Mr. Rogers and myself. He requires the Miners' Union to obtain 'from Mr. Scallon and Mr. Rogers an agreement that the Amalgamated properties shall be worked continuously for one year, and that wages shall not be cut for three years,' as It the members of the Miners' Union needed any whip or driving by Mr. Heinze to pro tect their rights, and as If there was any danger, or as If they needed this self-constituted protector. I think the Miners' Union knows It doc3 not need his protec tion. I think they know that their wages are not In danger for three years, or at all. Neither Mr. Rogers nor myself would stand for any cut of wages. "WILLIAM SCALLON." CAUSE OF THE SHUT-DOWN. Origin of Contest Which Has Stopped Mining in Butte. The shut-down of all the Amalgamated Copper Company's properties In Mon tana Is only a step In the great war of litigation which has agitated that state foryears. The Amalgamated wishes to buy F. A. Helnze's copper mines and snfelter at Butte, but does not Intend" to pay his price; Mr. Heinze Is determined to worry the Amalgamated. Into paying his price. Hence the litigation. ' The contending parties own adjoining mining claims ln many parts of Butte and have burrowed into them to a depth of thousands of feet. As the extra-lateral-right law al lows the owner of a claim to follow his vein to an unlimited depth, no matter whether In doing so he crosses the side lines of his claim or not, this, condition opens the way for no end of contests. When a man runs a cross-cut from his vein and thereby runs into a party of miners running another drift In his di rection. It Is the most natural thing In the world for each owner to accuse the other of trespassing on his ground. It is Impossible to decide which Is right until the veins of. the two adjoining claims 'have been traced down from the surface to the point of conflict By the time this decision Is reached the cases have bean appealed and remanded two or three times, the property Is plastered with In junctions and orders of survey and the only people who have grown richer in the process are the lawyers and stenograph ers. One of Helnze's lawyers remarked after losing 550 at poker: "Well, that's about one day's pay from Heinze." Mr. Heinze has a whole regi ment of lawyers employed at about the same price, and they are the gainers by the Butte copper war. The present crisis has come through tho efforts of Mr. Hemze to prevent the ab sorption of the Boston & Montana Com pany by the Amalgamated. The Amal gamated arranged for the uorlght sale of the Boston & Montana properties, which include several of the best mines In Butte and smelters both' at Butte and Great Falls, to Itself. But Helnze's man ager, John MacGInnlss, secured 100 shares of Boston & Montana stock and used them as a basis for litigation to prevent the consummation of the deal. He se cured an Injunction from Judge William Clancy, of the State District Court of Butte, who grants any order Heinze asks and with almost equal uniformity re- j fuses any petition or motion made by tne Amalgamated and Its constituent companies. - Then, the Amalgamated lawyers tried a new" tack. They organized a new com pany under the name of the" Boston & Montana Company, of Montana, In ex change for the stock of the new company. Before this deal could be completed Heinze stepped In again and procured the" Issuance of an Injunction by Judge Clancy and the appointment of a receiver, for the transfer would have enabled the company to have all Its lltigtion with Heinze trnsferred to the Federal Court where Heinze has no such friends as Clancy and where the injunction mill and the legal procrastination factory do not work as regularly in one man's favor as they do In the Butte courts. The final decision- went against the transfer to the new company as contrary to Montana law and the property had to be-given back to the Montana company. For five days Clancy's receiver, a Populist politician who had sprung from nowhere In the tur moll of 1896, had possession of the prop erty, and for this he charged the modest sum of flOO.OOO. while he asked 54O.000 for his attorney. Clancy cut the bill ln two and assumed the air of having done the Boston & Montana a great kindness. Then the Amalgamated returned to the original scheme of exchanging Its stock for that of the Boston & Montana and made the exchange with regard to all the stock except the holdings of John Mac GInnlss and perhaps one or two others. At the regular time the dummy directors put In office by the Amalgamated de clared a dividend on Boston & Montana about a year and a half ago. Before the date set for Its payment arrived MacGin nis applied for an injunction against the payment of any dividend to the Amalgam ated, on the ground that the absorption was in violation of state law. Clancy promptly granted a temporary Injunction and the Amalgamated as promptly ap pealed to the State Supreme Court. That uuay reiuseu to cunsiuer me case until It had been tried on Its merits In the lower court Clancy has now held the trial and made the Injunction permanent The Amalgamated has appealed, but says that ln the meantime, as it cannot get the dividend earned 'by the Boston & Mon tana mines, it will not operate them. It also takes the position that the attacks on Its title render the operation of mines in Butte unsafe, so It shuts down all of them. , There Is no doubt ln the minds of those familiar with the situation that both parties are playing for political effect with the voters of Butte. . Heinze has been able for yean to dictate the noml nation and election of the three District Judges ln Silver Bow County, of which Butte Is the county seat, and he has been able to do so through the votes of the miners, who form the bulk of the popula tlon. The Amalgamated seeks to put him ln the position of depriving these men of their Jobs and thus to turn them against him. At the same time, the Amalgamated managers know that many of the miners will move to other mining centers rather than camp ln Butte In Idleness through a long shut-down. This means the mi gration of a large proportion of those who elect Helnze's candidates for Judges. When the Amalgamated mines are again put In operation It may be presumed that those men who are known or suspected to be friends of Heinze will not get jobs and the mines will be manned with men who can be counted on to vote as the In terests of their employers dictate. Amid all the aspersions cast on the In tegrity of the Judges of Silver Bow Coun ty, no shadow has been cast on those of any other District Court of Montana or on the Supreme Court. The interests of tho mining companies are confined to the western part of the state, for Eastern Montana is almost entirely given over to the livestock interests. The Supreme Court has carefully held the balance even and has rendered decisions strictly ac cording to the law and the facts, fre quently reversing the decisions of Clancy and the other Butte Judges, and has rapped them over the knuckles severely when their decisions have been flatrrant- ly unjust The contending copper mag nates have often sought relief through the Legislature, but the representatives of the "cow coynties" hayo almost la- ASK US i 1 " It contains ALL the medicinal elements of cod liver oil, actually taken from genuine, fresh cod-livers, with organic iron, and other body building ingredi ents, in a deliciously palatable and easily digested form. It is therefore recognized as the r GR EATEST STRENGTH known to medicine REMEDY FOR the Chronic GcSds Hacking Coughs Sure signs of danger ahead. VINOL is the exact medicine needed. It does not upset the stomach, and it surely heals and renews the irritated, diseased sur faces that cause the cough. Try it at our risk. Bronchitis Soro Lungs l. There is no medicine so valuable for restoring strength to the throat and lungs as VINOL! It is the grandest lung medicine known. This we guarantee. ' Debilitated All Tired Cot. It is not natural to feel continually tired. We guarantee VINOL will bring life, strength and vigor to the debilitated, run-down system. To Gain Flesh To Get Strong - - We know VINOL will make flesh faster than any preparation containing grease. We can prove that VINOL quickly creates strength. Old Peooio Weak People Need a strengthening and invigorating rebuilder. VINOL is of exceptional value in such cases. VINOL positively rejuvenates old folks. Money Dack to those not satisfied. Nervousness Irrltabhity. Diseased nerves are due to overwork, insufficient nourishment or slow breaking down of general health. VINOL actually rebuilds the entire body and heals ragged nerves. Pale Women Palo Children Pale, haggard faces show that the blood is poor and thin, also indicate im perfect digestion. VINOL will correct such troubles as surely as the sun shines. Nursing Mothers You know the life and future development of the child depend upon proper nourishment VINOL helps nature change food .into body material. VINOL costs nothing unless it benefits. THIS WARRANT IS PRINTED ON EVERY VINOL PACKAGE. THI8 BOTTLE TO HELP YOU i if you take it for for which it is it does not, getthemoneyyou paid forit l it s.yours kjGutohaveit.Wewantj l pay onlyfrom those. who fited We mean exactly what we say in this Warrant without reservation or equivocation. We know VINQL is the best tonic preparation and general rebuilder of health known to medicine. We bank our reputation and fortune on its being wholesome, delicious and most efficacious, and on the fact that no other maker can produce anything like' VINOL. The statement that any other medicine is the same as VINOL is false. Don't take our word for it try it yourself at our expense if it does not help vou we stand the loss it costs you nothing. Woodard, Clarke & Co. DRUGGISTS variably thrown out bills designed to tinker with the courts in the Interests of either party. ANTI-TERRITORY MEN WIN. Alaskan Convention Is Bolted by the Opposition. SEATTLE, Oct 27. A special to th Post-Intelligencer from Juneau, Alaska, says: The antl-terrltorlal delegates cantured the convention hert vestftrdu v nnd otantoA J. B. Hamlin chairman and "W. Shorthlll secretary- Ex-Governor Swlneford bolt-' ed the convention. He Is a strong advo ABOUT H) fflOBEHN original GUARANTEED Weak Mothers OP VINOL IS any of the ailments recommended. If , bring it back and and we want , are bene by cate of a territorial form of .government and the defeat of his friends sent him out of the convention. The Valdes-Eagle road was enthusias tically Indorsed by the convention. There was a good representation from Southeastern Alaska present and the Third District had a number of delegates in the convention. Nome was not repre sented. Gravelle Pleads Not Guilty. HELENA, Mont. Oct 26. Isaac Gra velle, believed by officers to be the leader In the Northern Pacific dynamite con spiracy, pleaded not guilty ln the Dis trict Court this morning. The Information charges assault in the first degree.