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The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, October 27, 1903, Image 1

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Committee Will Report on
:ailure of the Heinze
Counsel for B. & M. Says
It Is Impossible to Get
Justice Here.
Forbis Charges That His
Client .lave Never
Had a Chance.
The Butte Miners' union will hold its
regular meeting tonight when the com
mittee appointed to meet F. Augustus
Heinze and to hear what he had to say re
garding the MacGinniss stock in the Bos
ton & Montana company, will make its
The committee will report that.the offer
to purchase the MacGinniss stock by the
Miners' union was rejected. It will also
report that F. Augustus Heinze accused
the miners of having been bribed and cor
Aside from the report of the committee
there is little business to transact at the
meeting tonight. The miners have en
deavored to use their best efforts to alle
viate the distress of the community and
have failed.
An interesting development of the day
is the fact that John F. Forbis, of counsel
(Continued on Pase Eleven.)
Replies to Attacks Made
by F. A. Heinze Upon
H. H. Rogers.
The following answer by Mr. Scallon to
the attacks made upon Mr. Rogers by Mr.
Heinze in the Butte Miner of Sunday was
omitted from the Inter Mountain yester
day because of voluminous reports of in
portant events occurring late in the after
Mr. Heinse again assails Mr. Rogers
with vituperation. Mr. Heinze's asser
tion in this last statement of his can be
branded as "Helnze inventions and Heinzee
slanders." The time has passed for minc
ing words in dealing with Mr. Heinze.
For more than three years, .week after
week, Mr. Heinze has caused to be pub
li;ed against Mr. Rogers the wickedest
_fdV foulest slanders. Anyone who has
Sappened to read the Reveille, or who is
adquainted with itg character, knows what
tle conduct of Mr. Heinze has been in
that particular. It has been prgo.e in
equrt that Mr. Heinze paid the expenses
of the publication of the Reveillp. Fpr
some oecasional reference in the Reveille
he might deny responsibility; but for a con
tinuous and persistent course of slander
and dirt-throwing, kept up week atter
week by his boon companion and editors,
paid with his money, he cannot escape
responsibility. In the light of these facts
the assertion that, "no statement with
reference to Mr. Heinze and his friends
has been too malignant for Mr. Rogers to
father," is not only untrue, but hypocriti
cal and base.
Ahe assertion that Mr. Rogers is respon
aible for the alleged shutdown of the
plants of the Colorado Fuel & Iron com
pany, is another mendacious one. Mr.
Heinae's alleged dispatches regarding it
bear all the evidences of fake. The prep
dispatches have not reported any such
threatened condition, and the statement
that Mr. Rogers is respoqisjle for it is
wholly and absolutely without foundation,
and can be nothing but an invention of
Mr. Heinze. Mr. Rogers is not even an
officer of the Colorado Fuel & Iron com
Mr. Rogers has constantly counseled
patience and self-restraint in this contro
versy, and his counsels have had much to
do with preventing justifiable reprisals,
Mr. Heinze is very likely to continue
the manufacture of slanders against Mr.
Rogers and others, They may well
be passed up as such without requir
ing specific denial in each instance. They
have been, and doubtless will be, so nu
merous that it would be useless to try to
keep pace with the prevaricator. Mr.
Rogers himself has been content to main
tain a dignified silence and leave it to the
final judgment of the people of Montana
to determine what manner of man Mr.
Heinze is, what credence he is entitled
to, and to give to each one his dues. Mr.
Rogers has always asserted his confidence
that in the end justice would be done,
Since the formation of the Amalgamated
(Continued on Page Five.)
"I think the Miners' union know
they do not need his (Heinze's) pro
teotion. 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 out of wagep."-From William
Soallon's reply to F, A. Heinze.
Addresses Open Letter to People of Mon
tana on Present Crisis in Camp.
To The People of Montana:
Mr. Hetine, in his statement published
in The Miner of Sunday morning, October
as, lets the cat out of the bag and con
fesses to the true nature of the warfare
which he, with Mr. MacGinniss and their
associates are waging against the Amal
gamated company, and the local conm
panies in which it is interested. He says:
"Should the supreme court hold with
Judge Clancy in his recent decision, it is
possible that Mr. MacGinnis' interest in
the Boston & Montana company might
eventually represent to per cent or even
more of that property." The meaning is
plain, They expect Judge Clancv to con
fiscate and wipe out of existence all of
the stock of the Boston & Montana com
pany owned by the Amalgamated com
pany, and thereby give all the property of
the Boston & Montana company to the own
ere of the few remaining shares, namely,
less than one and one-half per cent of
the stock. In the next line following the
above quotation, Mr. Heisnze describes Mr.
MacGinniss' position as a "fortunate posi
tion." To lawyers who had read the
pleadings in the case, it was already clear
that confiscation was the object sought.
The public tlay nut have knuwn it, but
they now have it upon the authority of
Mr. Heinze himself that confiscation and
spoliation antd destruction of the property
of the Amalgamated corna any is what they
are seeking, together with the driving out
of the Amalgamated. That is what they
hope and expect to get from judge Clancy.
We believe that Judge Clancy will give
them, so far as he can, all that they ask
or may ask of him. If the Amalgamated
company can be despoiled of its interest
in the Boston & Montana company, it can
likewise be despoiled of its interest in the
Anaconda company or any other company
within this jurisdiction in which Mr. Mac
Ginniss might acquire a share of stock.
Mr. MacGinniss did hold, and probably
does yet hold, some shares of the Ana
conda company. If the ownership of the
controlling interest ot the Boston & Mon
tana company or of any of its shares it
the Amalgamated company is illegal, then
its ownership of the stock of the Annt
conda company is illegal. and It'.- utmn
agement of the latter is also unlawful.
The question involved in the suit of
MacGinniss against the Boston & Mon
tana company does not relate to the Bos
ton & Montana company alone; it is
broader. It is whether the Amalgamated
The committee of IS, appointed Sun
day night by the Silver Bow Trades and
Labor assembly to arrange for a mass
meeting and to draw up resolutions to be
presented to the meeting, held a session
yesterday afternoon over the lied Boot
It was decided to issue a call for a mass
meeting to be held at the auditorium on
Thursday evening at 8 o'clock.
The committee also submitted a set of
resolutions which were finally decided
It was also decided to keep the purport
of the resolutions secret and the commit
tee gave out a statement for publication.
It was decided that the speakers se
lected should ntot discuss in any manner
the merits or demerits of the controversy
existing between the Amalgamated Cop
per company and F. Augustus Heinze.
It is at the meeting to be held at 5
o'clock today that the speakers, five in
number, will be selected for Thursday
A member of the committee was seen
today and was highly indignant that some
member had given out the text of the
"Now that it has been stated that the
resolutions would direct that a committee
would be sent to Helena to confer with
Governor Toole, the whole resolutions
might as well be published. The member
who gave out the information ought to be
severely censured, for we admitted the
Inter Mountain representative on his
promise to print only the statemtnent given
to the press and ,he kept his word."
Resolutions of Thursday.
The resolutions to come before the meet
ing Thursday night, deplore the state of
affairs existing at the present time and
states that charity from any source will
not satisfy the public, nor will it be aso
cepted. They further request that a com
mittee composed of Ia men, selected from
the ranks of organized labor, wait upon
Governor Toole and request that an ex
traordinary session of the legislature be
convened for the purpose of enacting suit
able legislation, doing away with the ex
isting defective mining lawe and enact
ing in their stead fair and equitable legis
h.a e above committee will be directed
to act with the Miners' union and carry
out the program as outlined by them.
It was decided that in the event of a
settlement being reaohed, prior to Thurs
day night, the Imass meetlig will be oalled
company has any right to hold any stock
in those corporations: whether it has any
right of property in the stock, and whether
that stock or its proceeds is to go to the
stockholders, to the rightful owners, or
indirectly, but effectively, by its coufasca
tion and destruction to become the .prop
erty of the people who have. no interest
or right to it whatever. It is in the nature
of a test case, involving the whole broad
question of the rights of property of the
Amalgamated company and of its right to
The present conditions have occurred as
the culmination of years of outrages upon
these companies in the litigationl against
them. All the property of the Amnalga
mlated company is involved. Its very
right of existence is involved. The prop
erty rights of these various companies are
involved. A systematic campaign, which
we do not hesitate to characterize ns
blackmail, has been prosecuted against
them in the courts. These companies are
debarred, seemingly without any present
remedy, of their constitutional and sacred
right to the trial of their causes by im
partial judges. The constitution guaran
tees an impartial justice without sale, de
nial or delay. We leave it to any fair
minded man acquainted with the condi
tions to say whether these rights have
been accorded to them. The two judges
before whom these cases have been tried
are admittud by all who are acquainted
with the situation to be either corrupt or
so hissed and prejudiced that it is inm
possible for the Amalgamated company, or
any of these companies, to obtain justice
or event a decent trial. With such cot
ditions, with so much at stake, with a de
cision of conuliscationl already made, and
a threat of receivers hanging over these
companies, with the possibility of the ap
pointing of a receiver for any colmpany
for which one may he asked, with the
possibility of at any time Judge Clancy
departing from what Mr. leinze in a most
remarkable characterization called "his
moderation," a crisis in these affairs ha4
been reached, and it must he met, not only
by the companies, but by all interested.
While these things have been going on,
some fair minded people have 'reproved
or indignantly protested. Of the public
genetally many have been indifferent,
either through lack of knowledge or in
formation of the conditions, or because
denial of justice not affecting them did
not attract their attention. Some' have
laughed, and some have applauded the
proceedings. These, of course, were
Heinze m.en. Others have believed, or
MacGinniss Says He Did Not Leave Butte for Fear of
Violence, and Heinze Said' He Did.
"Now, my friends, a great deal of criti
cism has been made with reference to' the
action of Mr. MacGinniss in leaving this
city. I want to say to you that I am re
sponsilble for Mr. MacGinniss leaving
"And I want to say, furthermore, that
while the rank and file of the men under
stand the situations as they present them
selves to them, there are a lot of cranks
in every community, and the newspapers
here in this city since this agitation was
started, and purposeely, to bring about
their own ends, have done everything they
possibly could to incite the good men of,
this city to riot; they have done every
thing they could to inflame them. If Mr.
MacGinniss owned certain property, he has
a right, if certain people want to buy it, to'
negotiate with them if he wants to sell,
and nobody has got the right to come be
fore him and point a gun at his chest and
say, 'If you don't take this price, why, to
hell with you.' "-F. Aug. Ieinse in his
court house speech yesterday.
Helena, Oct. 7.--The Northern Pacific
today began using the new union depot'
which has been erected this year at a
cost of about $7o,ooo, near the site of thqs
old depot. As soon as the railroad traoe
connections have been made the Gresta
Northern will also begin to use the depot.
The depot is not entirely finished, bug
the ticket department and the waiting
rooms can be used. The railroad company,
has donated the old depot to the Centrs
Presbyterian church, provided they .mo.i
it at once. :
"These (Heinze's) offers may
look innocent enough on their faces. I
In reality they amount to a tfusal
to settle the MaoGinmes oases; they
are a turning down of the 'Miners'
union proposition, besouse the oon
ditlons of 'Mr. Heinze'e offers are q.
unreasonable and ' exorbitant that.
they are Impoeslble of aooeptan~qe.l
-From William Soallon's reply to
P. A. .Ieine.
aecsted to believe, that this fight was a
good thing to keep up. Others again
have held to the view that this was nlcely
a l.ht between two corporations in which
the public had no interest and which they
ought to leave to he fought out amongst
thenselves, irrespective ot whether eqlluity
and justice were akininnistered, or of the
inlpedilnlnts to justice which the unfor
tunate condition of our laws create. Now,
however, when forced to it hly self
protection, these companies hiate sus
pended operations, people have come to
realize that these questions are of public
interest. We are glad thie piutlic interest
is, arused. If public interest and puhlic
sentiment will enforce the correction of
the conditions which have Ibrought about
this most unfortunate cuhlination, and
which have been for years productive of
the Inost crying injustices sad tllrirag~'
it will do tmuch to restore nIlluorl conll
ditio ts.
'rile remedies for the unfortunate con
ditions which now obtain can only ihe
found ill the removal of the causes which
have produced t:hemn. 'these rcmtelits
must, to lie sutlliientlly colmpreheislliv,',
he providedl by the people and Iib the
legislature. They must secure the rilght
of every citizen to all impartial adminis
tratiini of jistire \Vithot hiat there
will he no real si;lion oif the presaint
diictulty. The people have 1no1w realilcal
that wrongs affectiing imlividut,ls., pr
soalni or corporate, mllt3y in the tong rlunl
affect the people tluhemselv. 'They have
now realiled their interest, and the'y
shouldl see to it that ni(i mcre trillilng
palliatives should lie regardled as sufli
clent. And we will hope. that it will Int
lie forgotten that theste companies have
rights, andi that those rights. ;and thleir
determilnation and ii nfoinCiunt it, are tint
to be lost sight of if a satisfactory olu
tion is to be found. l'irhaps this may
be loSt sight of to slllne e\tenllt ill tilhe
consideration of, and excitemelnt c'autl;sedl
by. the widespread elfcits of the prt'scutl
It is idle to say that the remedy by
appeal is sufficient. The rules and the
decisions of the supreme court are such
tltat in casets which involve the deter
iuitiOlion of coUnt ovrrtedl quest; ions of
fact, the sulpreme court loes tii review
the lower court where the evilence is
conflicting. The supremCe court has satid
ihat in such cases the decision of the
it il cou.tt Is conclusite. It therefore fol
iows as a necessary rousgetullence Ilhat hll
andt that the lower julg. is ahsil.,tc. "']tat
11Y ASSUi'IAT IIi t'fti.i.'I.
Salt I.ake, ()'t. a7.--Iohn .afc;illisns,
vice president of the I'nitI.d (iopper (om
pany of Iltutte, laiste last night as informedl
of the result of the meeting of thei Miners'
union at lIunte yestc,lrday. ays thle Ileral..
Mr. Macit;inniss refused to :tcipt the offer
miade by the Miners' union to purchase his
share of the loston & Mont ai, stock bc:
cause lie said that, although hi( otwned the
iostoni & .Montlana stock alutlc, yet lie was
interested in so many ways with Mr. F.
Augustus Ileinze that "his fight with the
Standard Oil men who ccontrol the Antil
gamated, are my fights.,
"I have had several offers for my stock
of more than double that offered by the
Min' ra' union and have refuse.ld them all."
said Mr. MacGintiss. "I look upont the
offer 1n the light of a bribe to dlesert Mr.
Helnze in his great tight to keep Montana
independent of Standard Oil control, po
litically and industriously."
J. W. Blabon, fourth vice president of
tha Great Northern, and General Manager
F. B. Ward arrived in Butte today from
the East in a private car attached to the
Selar train. They were met at the depot
y Archibald Gray, assistant general
right agent, and will probably remain
here until tomorrow morning.
Louis N. Hill, a vice president of the
toad, is expected to arrive tonight from
tls west over the Burlington and will join
the party. There is a report current at
reat Falls that J. J. Hlill will arrive there
Thursday and come'on to Butte to try to
ixediate the differences that closed the
Itiaes, but this cannot be verified.
London, Qct. s..-Once again King Edward
has shown his sympathies with victims of ap.
pendicitls, This time ttl..'ufferer was James
iHardie, M. P., the labor leader, who under.
went a successful operation yesterday. T'he
king today seat a letter to Sir Thomas Bar.
low, the royal physician, saying he has a fol.
low feeling for all who have to go through
an operation for appendicitis, asking Sir
Thomas to report the condition of Mr. Hardie
and sending thi litter an espression of sym.
becomes of supreme htpnortance and Is i
conlliderationl of the greatest ilnomenllt,
lnow that these judges are deatling not
such caseu there is no righlt of review,
merely with preliminary questions or pre
lintinary remedies, bit are now dea'ling
with the decisive issues and imerits of the
cares anld plreparing to try so a111naiy io
thtem. At best, the power of the sulprenme
couri to correct any inlljustice eomlmitted
hy the lower courts in limited, however
great many lie the desire of that court to
do justice. In a came which was before
tlihe supremlle court somlle yea'lr ago ill re
]ation to the Ic Latlter of thel vi I)vis tate
( it Montaina, ja. .1) . in which the court
had to deal with lmatllers relating to the
alleged bina of the court helow, the court
saidl :
"We dlieapplrove of every cu.ggestionl nnd
clahin that a ju lldge, who is swayed ley
pe'rsional bias or pIrejtudiu'c is Ipowerless to
injure his fetes or render aid to his
friends, tbecaiuse his cerrors can a te cor
recleld upon appieal to a supelrior tribunal.
There are lpresunptal Ion iin fiavotir oIf aius
rulings which cannott hel igntoried, etld heT
ican make IIrdr(, which iclannotli ' e dis
itillce, Iunless there- has beln 1 gross
abuse of his discretion,"'
I',tder the law of prlocdulre, as inter
lpre-lIl by the . 1preea 1 rt.ttr, it is also
in the power of outr tlivrsar;ies' I dei'
pIrive these comilanuics of a jury trial tia
tiny lcse.
At lihe tI e ic ta of it all, so fur as ltre
public i s well an the parl its are coneil
crnled, lies the great elireiion ofi whether
the hill of lRightis of Mncllanta, which
aundertakes te t rguaeiantee, in Section (t,
A 1 icle III of the' c aions tltieuti , 'l"that
coutrt of justicen shall he openl to every
person,, and slll a peedy riemey ai lforld
ed for every injury of pli son. , prop
ctty or charact ier ; tiand that rightl
land justice shall h ete administered
witl httt sale, denial or delay," slhall ie
maude an eITetelie reality for the protee'
lion of the whole people, or whether it
shllal lie allowed to be a delusiol and a
t'he right of the Amullgauted coan
paniiy to holdl 'lock in t'hese eoltpaes,
in othlier words, the right of e'xiste-lnce,
insa qluestion tlhat it not a mderely ia legal
one; it i te ltaig hely of state lpolicy, and
in that rest eclis a polaitical all well as n
judicil question.
Upon the whole case, we conisdentlly ap
Peal to the judgment anad sense of fair
Ilc.r of the pepcle of MfotttUta.
But Committee As Yet
Does Not Know What
is to be Done.
ItY A Fyc'IATt II Pita.-NS.
St. Paul, (jct. 4. -Jamne" I. hill, when
asked by the Asocitated cPress if he hadl
fixed a date when Jhe could meet the ie
diation compinty proposed by I'r eidelit
Strain of (:reatl Falls, Monti., to adjustl lthe
Aaltg;am.atedl - leinze case ill Moutanit1,
Said :
"I do not wish to say aleything about It.
I have not decided oni the date. If I cat
do iaty good I will be glad to do so, but I
don't want to talk for publicationi, as pub
licily might do a great deal of hunrm."
"The value of the property which
Mr. Heinze thus covertly seeks to
obtain by this offer cnn,t be stated
off-hand, but it is enormous. For
his 100 shares of Boston & Montana
stock, and h!s 80 shares of Parrot
stock, MacGinniss, Heinto & Co.
would goet millions of dollars."
From William 8callon's reply to F.
A. Heinze.
Cape lHayden, llayti, Oct, 27.--The
Dominican cruiser Independence off Pu,
erto Plata, the portion on the north coast
of Santo Domingo, which point is in the
hands of the revolutionists today and
prevented the Culan mail steamer Maria
Iferrera from entering that port. The In
depencia then left Puerto Plata, going to
wards the American mail steamer Cherokee
coming from Monte Cristi in order to
prevent her from touching at Puerto Plata.
Helena, Oct. 2a.-Frank P. Ryland, a
miner and prospector, was killed in a run
away near Lincoln, in the northern part
of Lewis and Clarke county, last Sunday.
His neck was broken.
The news of the fatality did not be
come known here until today, when the
body was brought to town.
Dr. Otse Yaeger, the coroner, will prob
ably conduet an inquest this evening.
unsel for B. & M. Says
It is Impossible to
Get Fair Hearing.
Again and Again Has He
Been in Court Only to
be T urned Down.
Attorney l:orbis Says Oft
en Robs Clients of
Right to Appeal.
"It wonlil he anlit o tlermils llanlu 1 1 "
task l. undertake .i discussiiii i. the
uiinsi phlase's l tihe prelsent litigation.
It wniddl e eitilher instructivt e n r vlii
tertlaiiing, rea'ihtg. There probablly tever
hais tten it litigation .here such la vast
nlltllnl r of it hau v hu11e1 ir trouitght. i, .
of thestn Iae r still pIudling. The ipreteiL.ns
of adljusting the rights of the variomiu
pirties int Ihte iturtts fare well uildert.r. di
Ithitth it it tillth part is k lnown to th
tgenerail pIuhlic.
Pending Many Years.
Tlhis lititiut hats been proceedling now
fIr six ;and nu -hatlf years. I)uring all iof
this time I have Iiutu ttively engau.g t
ini it, ais an ahttorney for thue hlsuton & Mtt
( tuntinl .tl n .agre live.)
Utterances by Union Here
tofore Not Given to
Montana People.
At y.sterdlay's meetihg of the Mioetrs'
nllion flh,, vioroull reehlut ollos, not here
ItIfre pI lished, were adopted:
Wihireas, The miniers f liuIte realize
that ,ltustiono s if law iare qtltstins of
power, and that the real conditiion of
pIw er is vcled in tlhic peopei theClbt IVe;
V'lhreai, A weaklness or defect is aip,
parent ill tlhe laws of Montana as it re
liits toi the condllllct a ld opratlion or ii ;n -
;ucrilenllt of ilndustrial enterpribes, that
vitally concern the well beitng of all the
people of Mollnitnar; andl,
WVherlas, Such w'eakness or defect in
the laws of this state has brought disti Yie
htjlo the wage earners aiiied is respoin.,ible
for tie calamlnitous silllation that conlfronts
the entire state; and,
Whereas, These defects can only he
remedied by that power that is vested in
the people acting througlih their duly elect
ed legilators or representatives; and,
Whereas, It will become liecessary to
convi le the legislators in special sessiol
to enact such legislation as will be neces
sary to relieve the strained situatioul that
harrows an entire colnmonw'ealti ;
Therefore, lIe it resolved by the miners
of Silver low county, in special meeting
:sassembled, that they petition and pray the
governor of Montana to iiinmediately call
an extra session of the legislature, so that
as speedily as possible and that without
any delay, they may improvise such legisa
lation as will accord with the fundamental
laws of the state and justly deal with all
interests, and particularly have a regard
for the best interests of the state and its
lie it further resolved, That a committee
of five be appointed by the chairsman of
tils meeting to present these resolutions
and prayer of the Butte miners to Gover
nor J. K. Toole, so as to gain the speediest
retsults, to the end of relieving or amelio
rating the grave situation that harasses
the tultitude--men, women and children,
who aire dependent upon a daily wage for
their livelihood.
"As to the proposed arbitration,
it is one not recognized by law; it
would not be and could not be made
binding on Mr. Heinze, and unfortu
nately would settle nothing, but
would only lead to more prolonged
litigation and uncertainty."-From
William Scallon's reply to F. A.
Ilelena, Oct. 2a.--Detective McFetridge
of the Northern Pacific is gathering in ad
ditional evidence against Ike Gravelle al
most daily and believes he has a strong
case against the alleged dynamiter. He
believes that by preferring other charges
besides that of assault already perefrred,
and having the sentences made cumulative
Mr. Gravelle stands a pretty good chance
to spend the rest of his life in the penul

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