The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-05-28
THE TROUT MINE SEIZURE.

THE TROUT MINE SElZOhE
A Basis for the Adjustment OF the
mess Matters, Which is Accep'ed
by Both Parues.
The seizure of the Trout mine has oeen
for some time the occasion OF cons'uefao'e
talk and interest. 1t has Threatened W 70
an expensiy, and vexatious matter, ioas-
much as the parties who seized the mp'0
had violated the law and Subjected them
calves tn serious criminal proceedings, WINE
at the Same time thew had performed "ork
on the mine aud been swindled out OF tle'r
nav by the North western Company. ihree
things appeared evident to us: l.. i""'
the men had acted without legal adviser +;
ID. That both parties preferred an AMIGA
bile settlement; Sd. That the sooner IL was
done the better. We therefore suggested
that the miners employ counsel aud ADJUST
a basis of settlement OF the civil Differences
a.d trust to luck for the criminal part. IL
both parties were satisfied with the oasis
of settlement we did not see why the NINE
should be held any longer, or there se con-
tiuuance Of proceedings beyond service Of
papers now issued. ,
The party We spoke of last week visited
the miners and selected J. A. Quinn, Esq"
and Mr.. M. Duffy to act for them. ineS
reached Deer Lodge Sunday. Judge
Knowles was engaged as counsel, and after
consultation with Mr.. Napton, Mr.. George
W. Irwin, In presence of both parties are"
I'D a basis of settlement, which we give De-
low, which was signed by MIR. Caplice Tor
himself and Caplice s. Smith, and which on
Tuesday was taken to Phrlipsburg by Mr..
Quinn for ratification or rejection by the
miners. As it is said 70 differ only in mi
nor particulars from the memoranda sub-
mitted by tina miners, there is little jsspIice
nlaced in possession under the provisions.
The entire amount due the miners can Do
pa,d in a few days after the other indeoted-
ness is liquidated, and from the statement
If the miners, there is ample ore in the
slopes to liquidate all claims. The affair
has been serious detriment to the business
of Philipsburg, and it is to be hoped opera
,;o,s will soon be resumed ou basis result
inc satisfactorily to all. Following is the
memoranda submitted:
ARTICLES OF AGREEMENT
Made and entered into this 9th day OF May Iso' oS
and between the drm OF Caphce q sh''h anu
John Caplice, OF the County OF Deer Lodge ana
Territory of Montana parties OF the nrs' P"it'
and John Moore. James Murray, NJ. Fern, ID
McCr,aerty. ]. Sullivan, w. p. Jones, Jam's
o,nonper W. Blizzard, P. Mulligan, Thomas
ros,.r lanes Brennan. Chas. Walker, Nei'l
Dupcan. l.. Munseu, w. Mc1rthe. WIN. bnfke'
NJ cunningham, James Milligan, j. ii. conno's'
Louis Laiblin, ole Copeland, and ID Dempsey
=, the comfy and Territory aforesaid, parties oil
the second part, witnesseth-
The nares of the first part agree that John Moore
~. annotated To make examination OF the DOCKS "
Iohn Caplice Superintendent OF the trout 'ne' anu
IN. hooks of Caplice g. Smith, and OF all easeS' reo
ord. and papers bearing upon the receipts ihco's
.xpenditures and disbursements IN ana aoo"' t"'
premises known as the Trsut mine, received OF IN
CURED by the parties of the first part ana tnaI T"
John Moore from said examination shah ASCERTAIN
Tho .x.ct sum now due from the Northwestern Com
pany of Philipsburg, Montana to said parties vi III
srs, mar, that said party of the fret part turtle
agrees that the parties OF the FIST part VIII '"N' w
r. ou, mine and after deducting tue current expense
=, oossor, for mining and milling the ore produce
from soid mine. use the surplus net dividend yieIdc
Co., sia ora,st To the pay ment of the amount
the debt II any ascerta'ned to he due and owing IrCi
o., Nor,huestern Company to said parties o; tn
fra, mart; 2d, To retain the sum OF sd'50" IN IN
I'D nj CapIice a. Smith, to be held for the payme'
a any INDICTMENT that may be recovered against thei
In favor of the First National Bank OF Helena, IN
| All, now pending IN the Second Judicial Distri'
court of the Territory Of Montana for the county
| Deer Lodge: Sd, To the payment PIE rata OF IN
.sv.ra sums doe the said parties Of the second par
| az fuly set forth and shown 10 the schedule heret
| .,r.vpd and marked Exhibit A, and sald pait'
| ~ the frat mart agree further that John Moore
.ome person equally suitable 10 be selected ny u
,r,.s of the second part shall be appointed To son
n,ition In and about the rking OF said mine, WI
| shou have access 10 the books aforesaid once
| m,n,h when he shall have the right TO make IL
and comp,ee examination of each and all thereof al
| te entitled To take sLatemeni thcrefrom PTo0tae
| rnat I,se y1s-,ss Apsss,-sSs -i-h -" ~ss'
rples of conduct and requirements OF capacity ne o
| empIoyee. In and about the working oil saia min
and sub;ect to discharge BY the superintendent IN OF
er employees and said parties OF the hrst part II
Their ayree that they viii work and niue said mine
| m,nIike manner and purchase No new machi
| ey nor incur expense not actually necessary 10
tr,ct the ore from said mine and said parties Oh
ar.t mart farther agree that they Will use que agen
AID all possible economy and efforts In maRiug Gu
, | tracts with mill men for the cseap reductloh Oh
or. nroduced from said mne,or. In event the o'es
Ia Skinned or sold to better advantage thah reduc
IA nrties of the fret part agree 70 use that mels
I A,d I'm considerationof the covenants aud agr
on,s act forth heIeinbefore, IL is agreed by the
a.. - the second part that they viii yield to the
H.. NJ the 1rst part the fall, quiet and peacea
+ possession Of the Trout mine and the ~e'Hs III
II ,bout sa,d mine and 1t II further agreed oy 'ne
Ties of the second part that the parties OIL the
b., | mari shall withhold the sun OF so5oO, WHICH .
Al Al, be retained by said parties OF the hret part
10 Indemnify them for any Judgment that may DC rec
q Grad apaint them by the First National Bank OF
: an. N r in the suit No. -452 now pending in
| second Judicial District Court % the Territory
Montana In and for the county OF Deer Lodge
le Indictment for such sun shall be obtained III
anti or IL Judgment shall be Of less amount the
10 retain sum equal to the paymen. thereon ana
ia nart,es of the second part further ag' ee that
- nco rata payment 10 them by the parties OF The
u mart sha ne subject 1st To the current and neces
srpepse, in wo, king said mine ID, The accrued
c,rre,t CHARGES for the lease OF said TrDEt mi
| "a The accrued and current charges for insurnnc
~. mill property 4th, The necessary charges I
w.,chman nj the mill, ms required by the policie
n insurance 9th, For the representing ana taxes oil
compapy: aud 9Th, TO paying the sum aseertaine
rI,x.t strns alarm fnFn