OCR Text |
Show $40,000 A DAY TOO STEEP, SAYS JUDGE Montana Supremo Court Sets Aside Order, Allowing; 8200,000 for Five Days' Services as Receiver. HELENA. ' Mont., March 31. The Supreme court, in an opinion, by Associate Justice George R. Mil-burn, Mil-burn, has reversed the judgment of William Clancy of the District court of Silver Bow county, allowing Thomas R. Hinds 5200,000 as compensation and $31,116 as expenses for the five days ho was receiver of the Boston and Montana properties in the case of Forrester For-rester and MacGinnls3 against the Boston and Montana, and the suit brought to recover the amount claimed for compensation add expenses, will bo tried again in the lower court. The Supremo court states that the evidence In the records Is not sufficient for It to decide upon a just and reasonable compensation com-pensation for the receiver and for an expense allowance. Chief Justice Theodore Brantly concurs-in the opinion, but Associate Justice Jus-tice William Holloway dissents from the disposition made of the case by the Supreme court. He is of the opinion that the evidence is sufficient for the court to decide upon the amount which should be allowed the receiver. The opinion states that the receiver is entitled to remuneration for his services ser-vices and to be reimbursed for any reasonable rea-sonable expenses incurred while discharging dis-charging the duties of the receivership, but It says that tho property of tho defendant should not be confiscated to pay either such expenses or compensation. |