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-
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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
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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.