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THE BUTTE INTER MOUNTAIN
VOL. XXII NO. xo6 WEATHER FORECAST. BUTTE, MONTANA, MONDAY EVENING, JULY 21, 1902. FAIR WEATHER PRICE FIVE CENTS JONHN W. MACKAY, TIl WESTERN MINING KING, DIS IN LONDON ai One of the notable events of Mackay's life on the Comstock was the vi sit there of General Grant's party of Qlobe-trotters at the time the general ano they were encircling the weriRl. A pioture of the party, with f'air, Mackay, J. H. Kinkead, who was- governor of th e state at the time, and Mrs. Gillespie, wife of a Comstock superintendent, is loere presented to the readers of the Inter Mountain. The picture is one of thea most celebrated ever taken in the West. Thousands of copies have been sold of it, and it is a fine likeness of the people portrayed in it, as they were at the tic.u it was taken. They were all arrayed in the costumes in which they mad ea visit to the depths of the Con Vir -C ginia mine, and the photograph was taken in the works of the mine near the mouth of the shaft. Beginning atythe of t-John W. Mackay, Mrs. Gtlecelne, wife of a Cotrstock superintendent; A eneral Fred Grant, Mrs. U. l S. Grant, U. S. Grant, Mrs. James G. Fair, Governor J. H. Kinkead, James G. Fair. Figure in front-President Grant's. Japanec servant. MARYLAND STORM DOES MUCH DAMAGE TWELVE PERSONS ARE KILLED AND THE DESTRUCTION OF PROP ERTY SAID TO BE GREAT. STORiM CAME WITHOUT ONE MOMENT'S WARNING Many Handsome Trees Uprooted Bodily and Tossed About, Blocking the Streets-Plate Glass Windows Blown in, and Telegraph and Telephone Service Very Badly Crippled. [ily AS$.ICIATrD rIEss.] Baltimore, July za.--The tornado which struck Baltimore yesterday afternoon, in volving the loss of i2 lives and a wide spread destruction of property, was the severest that has been known in this latitude for 17 years. No storm had bcen forecast. Almost without a mo menet's warning an irresistible wind, ap parently in the nature of a whirlwind, came up from the southwest, and in an iiistant the waters of the harbor were con verted into a seething cauldron. Frail boats were capsized, while the staunchest vessels at anchor were violently rocked. A careful estimate today shows that 200 houses were unroofed during the storm. The roof of the William Street Independ ent Methodist church was lifted high In the air and blown over the roofs of other houses, a distance of 50o feet. The stone spire of the Holy Cross Catholic church was hurled to the ground. A part of the roof of the Trinity Protestant Episcopal church was torn off, while the historic steeple of St. Mary's Star of the Sea Catholic church was completely destroyed. The public squares and parks were dam aged badly. Patterson park is a scene of desolation. The whole extent of these pleasure grounds is strewn with broken branches and uprooted trees, and the debris completely chokes up the driveways. Many handsome trees in Franklin square and 1)ruidl Iill park, as well as the shade trees, were uprooted bodily, falling across thoroughfares and temporarily choking them. Much damage was done to house fronts in all sections of the city by falling trees. In the business section, numerous plate glass windows were blown in, while the telegraph and telephone service was badly crippled. Rain in European Russia. BY ASSOCIATED PRIIESS. Keiffe, European Russia, July 21.-A torrential rain storm, accompanied by vio lent wind and hail, broke out over Kieffe yesterday afternoon and turned the streets into veritable torrents, flooding cellars and drowning IS occupants before they were able to escape. Large trees were uprooted and railroad embankments were washed away, necessitating the suspension of traffic, The losses sustained are very heavy. IN OLD DAYS AT COMSTOCK Story of How Mackay and His Partners Struck It Rich and Their Subsequent Careers- Came Into the Town Dead Broke. Butte is full of people who have some time in their checkered careers had the honor of meeting Mr. Mackay, this city being the Mecca of Nevadans and Com stockers who lived in the Sagebrush state and on the famous lode in the days when Mackay was one of the most prominent figures there. All kinds of recollections of Mackay and countless tales of his rise in life are met with among the ex-Nevadans. Mackay was the most silent of the four men who discovesed, developed and shared the fruits of the "Big Bonanza," which was a body of ore that yielded $1o3.00o0,00ooo and made Mackay, Fair, Flood and O'Brien multi-millionaires. Came in on Foot. It was commonly said on the Comstock that Mackay came into town some time in the early sixties over "The Grade," carry ing his blankets over his shoulders and a belt around his waist which contained $3,ooo in it, his entire fortune at that time. MINNIE HEALY INJUNCTION CASE Supreme Court Unanimously Agree On An Opinion Handed Down in This Celebra ted Case--Written By Chief Justice. (SPECJIAL 'TO INTEIR, MOUNTAIN.J Ielena, July 21.-No work can Ihe done in the Minnie Ilealy mine pending the appeal now in the supreme court. In an opinion, written by Chief Justice Brantly, Miles Finlen is granted the in junction applied for on the ground that Ileinze and his employes were engaged in destroying the mine and at the same time taking out large quantities of ore. The opinion, inl which all the justices concur, says that the plaintiff is entitled to an order for almost every reason, in that he would lose his case even if final decision was in his favor, simply be cause the property would be of no value. The court also says that the district court of Silver Bow had no authority whatever to retain jurisdiction of the case, and that the supreme court has complete control while appeal is pending. Judge Brantly has this to say: Presents Three Questions. "Thle application presents three qutes tions for determination: Whether this court has power to grant the relief de manded; whether, if it has, the facts jus tify its interference, and whether the plain tiff, by asking the trial court to retain jurisdiction of the case for the purpose of protecting the property pending the Fair had been a miner in California prior to the "Washoe" excitement, when the Comstock mines were discovered, and when he arrived on the Comstock,about the same time or a little earlier than Mackay, he became a superintendent of a small mine. Mackay workedas a common miner In the Gold lill m.nes and' in the Hale & Norcross mine in Virginia City, which was the property that started him and his partners toward the towering eminence of wealth that they afterward reached.. - "My fa;ther," said Samuel M. Roberts, clerk of the district court, "worked with Mackay in the Hale & Norcross as a windlassman. They worked together there quite a while." Formed a Partnership. While Mackay was working as a miner and Fair was superintending his little property, they fortmed an agreement be tween. themselves, and with Flood and (Continued on Page Ten.) appeal has foreclosed his application to this court for that purpose. "For answer to the first question refer ence must be had to the constitution con taminig the grant of appellate power to this court : "'Section 23. 'The supreme court may contilnue in force an injunction order made by a district court or judge, grant an in junction order and writ pending an appeal to the supreme court from an order of the district court, or jidge, refusing or dis solvijng an injunction upon such terms and ulnder such rules as the supreme court iay establish.' Explains the Writ. "No action to obtain an injunction must lie commenced in the supree court except in cases where the state is interested, or in which the public is interested. "The writ of injunction, used as it or dinarily is, as a judicial writ, in aid of jurisdiction and not as a prerogative writ, is one of the writs properly classed with other original and remedial writs, and Is in every way suitable to be useid in the exercise of the auxiliary power invoked. "Touching the affidavits tending to show wanton destruction of the workings in the (Continued on Page Three.) MACKAY'S BUSINESS IN SHAPE Said That the Dead Millionaire Did Not Know How Much He Was Worth--Interview With His Former Secretary. SSan Francisco, July 2t.--lRichard Dey, a close personal friend and former confi dential secretary of the late John \V. M..ackay, says in an interview: "I don't suppose Mr. Mackay iiiiiscl Itew within $.io,ooo,ooo of what lhe was worth. But his busilness was in such order aull arrangements were so carefully made that everything will go on just as Ihough he we.re still alive. lie was president of the Mackay-llentnett ('aile ctmptliy, pre. idelnt of the Postal 'Telegralphl ctpaula and pr.siident of the prospective Pacilfic: ,.I ie rcial Cable company, vice president of the Iti.e $7,t(i,0ooo sugar relinery at Yon. k(rI , N. Y., of which (Gus Spreckl s is ilesident, a director of the (Canadian l'a a iic railway, director of the Sotuthern I'a tile anod director of the new pI,rlosedi r,ulroad from Hlavana to Santiago, , ula. "lhe was one of the largest owners of the \Vhite Knoh ('upper companly of M;ikay, Idaho, to which the IU:iou Pa citc is building a 9o-mile braunch. "Ile was interested with ('harls 1). lane in the Will Goose .Mining colupatly ;t N.me. lle was heavily iuterelted in lhe S.prague Elevator and l Electrical works of New York. San Francisco Property. "in Sanl Francisco Mr. Mackay owneil half of the Nevala block, the t(rand opera houise and the big lot at the southeast corner of Market and Fourth streets. "Ilh owned, togiether with Flood, the turi turi ranch of about t,utu acres in 'all Mateo counity, the I'olemati track of Ilot 1,5oo acres in andtil adjacent to III city of San lafacl, and three a-crd; , of tllibr land in Meindocinoo cou.ty, Hey i, ilnwd several thoulsalnd acres of wood loi in Nevada bectweeun Rtenr and I"'rtniker. "lI. New York city he owned the I'Postal 'Telegraphl building, a 16 story structture, ;li1 he was the largest owner of the ('o.m t rcial Cable compitany's bihling, a I - sl-ry structure, anti the property adj acent( to it. "lie owned the 'Territorial l'intcrprise, Sutton Not in Contempt. Isml., t oA INTr.u +tOr,;IAl:.] Helehna, July 21.--An ordi:r of the Sil v, r hiow district court, holding \Wake.tiail Stlttit guilty of contempt in alleged dis if' yiung of anl injunlctionl order, is ;al nrled by the supreme coutrt in ;in opinion rlttCen Iy Justice Pligtt grantinig the pltplication for a writ oi supervisory coil ttol. Siutton was fined and ordered to jail because lie was alleged to have c(it croachedl on another's piroperty ill miningil in the Silver King and Plymouth proper ti,. Judge Clancy made the order. Dr. Allen Wins. fsi''I;('tr. To INTER Mloi:NT AI N.1 Helena, July 2r.---l)istrict courts have authority unide rt e law to revise the decisions of the state board of medical e.atillcers is the effdet of the decision of the supreme court in an opinion rendered a nlewspalper in Virginia ('ity. No v. Mr. M.ackay iowsll the piIieli.,l ihc slc ciI allil(ic I. died iin l,. hln. "Mr. Mliakay was i member iof thce iP cific: Il 'inh I i llili of Snll I"ralc icsco anid of tIe"1 Merc hcauls' exc 'hangeil. I I wiai a staulc(li rp(i b licai . bill l 'bfore the ivl war hle was ;i d' i'llrat. Ayaii aild again li e re'fiscl i cc Il, scilator from Nt "'Ivadai, aidl 'esihewed lfice. In rel'ligion h wa' s ,I alholic, aul I t off hiis wau'ms t irie ds were l ill' hat,' lishO p Moiitllagli', who hadl jurisdi. ion oven 'ii c \ I h i' l i ;r'll lfor ia'si cllillni.g rlegionslallc i ;I la rgc rl a Ie rt f N vadai, andl A'rchbishop iordan.l. Born in Ireland. "Mr. Mackay for ;i aIclg while virLically s pp r c'llt I cliclh i l. or aphI;il asylnl acic its, c t chilhIre' at Vi .ighi;ia cily, N. iv. Icn N> 'W' 'i'irk he lilcii ained live or '.I fr'ee Ie il . in ho'pitc ls in nclcc iry of hit sicrr \W illie, whco lied h lf ai Ido, i yelrs iago at lthe age of .c,. Mr. iac'k;cy wais always ,y ing good c, ui a tly. A large iliuL ier f lieg.dlair pensioncc .s will miss him. "Mr. Macikay eniei ic Amicirien h lrc ic i e lad as an infant wilh his, father, who wai. afl'terwards iatirc'lic-d. Ihut clllng ill c,67 James t;. Iair, whal wias i i'. Mac'lkay's Ipallter, alr dill haiso , ibll i leci I ula , c.ln ill't rci'en lc r whetlher orr lot the li.cr I';ir a;is natur;alied, si to make sIi ei I air culi Mackay were',' i;ituralized Icgelther ic Vir ginia i ily, N. v., by theijr friel- d Sa;iciy W . lJiallwin, who was ('nite'd Statiies distl ict judge "I think Mr. Maickay 'as originailly a carpent'ler, for whlien I' caie oni the, ('cTi s .cik he' wa's c '(c iderled l a i cllhority .c.c 11ile tinlbhrili." Flags at Half Mast. Saii rcuci'icoi, July ci. Flags are at hulf msit oi thli', Postal T'ilcgracplh ccrn paiy's huihil .in,, the ec 'rehati s' Exchalcngc clci icm;icy i.own hown a'busicicss IhouseIs to day, in r'esp'it t to thie imiemory of lthe late Jolhi W. ;Mack;ay. biy the' chi'.f jistice and IJDr. Arthur G. Allan, now pract'icing i hiutte, therefore gains a deci . ded victory. liThrouglih thle it Itirncy gei-iclrl the lstate board iictv-di i.r a writ of 'review of liriceelingsc icn the lower co cri. This is d nieid bIy thlie hgiher tribunial. The opini.in say's the lowiri court erl hear an appei'lil firom thl e acttion oif the examinerihr in refusinig ;c physiciahn's licinse iand thl e oily furlther prceediing.: possible is imotion for cc inew trial or a regular appeal, Would Not Marry Him, [ Y a .-r I IAId i c r s.' ('icvc'l ld, ()., I iJuly i. ---"Ir'ecdlrick Mor risol of Salecc, ()hiti, while rilding in a carriage on Miler avenuce, wilth Miss Mairy Cowley, today drew acc revolver and tir-ed a bullet tlhrougih hiis brain that resulted ill his cdeath shortly 'afterward. Miiss. Cow Icy's refusal to marry himn was the cause. SUPREME COURT TO RESTRAIN HEINZE INJUNCTION ISSlUI I) ORDLRING IIM AND JOHNSTOWN MINING COM PANY TO CALL HALT. MUST SHUT DOWN MINNIE HEALY PENDING A iRIAL Plaintiff Mu- t file an UtndertakinU in Sum of $:300,000-- Ls . .ton I& Montana Company Will Give T7hiu, B1and ,t Once - Mine Will Be Tied tip Until Ue ca.ion Is Confirmed or Reversed. I-. A iitt u'il, s I il e r .ceivd a ",, h..k ill Ihe \li -ll - II+,1ly min- ig 'u ll It lty. di cisif- t in Ittu lit t;ul,,, tr II ,in iv by . ile's Ilitnli whiich wr1 l ds e. Ill Iti til, dwllI till the aII;- ll ill ter aki- , tat , 1 t to the s pre t elll It by thu Ilatml r .\Al'ntuna cUno li.ly, sIclllt-tiso l Itl lill it, tIhe I nIIIIal pltlitufri in the s itl iet, I. ',.l n ,t Ie, i tu d. Ti tl' stlll p ' "-" w(i t lita Ith ti e n couri t i lslhioul rhle ing, lhiuit,,i a l J( t h tuith stltln r lc irg rt. pIpllly tol rtritlain, Illl ltint i i th or er propl,'ly. 'lh, order i, :'s . 10 llows, : "i t is th,'r ehsrt ,lth dtttel that n t i jInec ti issut t relluilgy th tlht t-it defen a tli bhe rsrllaintl d f' li h al v l i --i riilo ll rvill Ig any trei from the Mhoi1rt. Ih.ly chaim pIr.lng thie alppal heruin, or tilay the wiltl sci Ilh o er otf this cout; proleis d that titl"o the ciuta, shall issue this l uatNlill shall file witl the clerk lo this court a. undertaking ill the 00tin of $SJ,0,o0,, with at last two goo<d mu= l sullicicut slrli,., for the full lllluntl ol the penalty thereof, tile t ,;s e to be aoll ditioned as I ln vi,h.4d by law in such cases, t-l 0]urlies to bhe aplqrovw'd by the clerk of this court. AndI pr0vided futlwhr, that the dhl'fcdats m;ay do whallt tt r work maiy eO llecc.lsary to l'preserve the lop.'nty dtll lllig the pel hdency of tihe alppeal." Basis of Appeal. In this suit it will he retw b'.h'r='l that Jul.e llarny rei ,lretl a decision in favor of lh int. and against the ,hefendanls at the trial of it, and th t the pIl aintilf took an alpplcal to this slpreme court upon two or thrll.e nallters- upon ilte ritling of lHarney striking out cl rtail] ;laL Itl , ame'nding the dct rct and refusing :0 new trial. It is about three months ago since the alplcal, were taken. ..Iter they were filed the plaintiff applied to the Supreme sour'. for an injunction against lheinze and the Johnstown comnpa:ny to stop thens from mining the property in order to preserve it till .uch tile as the supreme court should reach the appeals and pass upon them. This application is what the upper court pa.lssd o.l tuolay. It grant.eI the order asketd for so that the 'tine might not be mined out hy the defendants before the plaintifl shuuhl have received a hearing in the supremt l court. The order issued today will become oper ative as soon as the lhston & Montana company shall nave iled its bond for $joo,+ u0u, which will be done at once.