The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-06
Concsntrator at Corbin Which
Pollutes tho Priekly Pear
Creek.
Owner Of the Land Be-
low the Mill Wants
Damages,
n J.. Hall Suing the Helena and Liv-
ingston Smelling and Reduction
Company vt BOULDER.

ne ll6lcu0 ulla lllNluHnpVA 1AAoASApR "AANS
luction company applied to the United
tss circuit court yesterday for . writ OF
kiorari to be directed to the district
1T Of Jefferson county. John j.. Hall
q suit pending before that court against
smelling company for damages growing
OF the dumping Of thilings from the COM
US smslter at Corbin on his land.
smelling company wanted the suit
d before the United States court, but
district judge overruled the motion.
ere ID no dispute between the parties az
he facts, but thoy want the United
tes statutes involved in the question to
construed. The smelling company has
|oyernment patent to the millsite at Cor
and to tho adjoining land, and has been
king the smelter for six years.
also took up and appro pri-
d the waters of Priokly Pear creek to
used in running the mill. Priority of
bit 10 also alleged. Hall brought his ac-
b for damages on the ground that the
lings, slum and debris from the mill are
Fmitted to flow down the creek, choking
bitches. The questions to be decided
whether the statute under which the
npany obtained its patent gives the right
use the waters of the creek for mining
4 manufacturing purposes in suoh a man
that tho debris flowing from the mill
all run over and upon Halls land, and
1t he took his land subject to the rights
the company, and whether the vested
d accrued rights shall be interpreted to
ban merely the u%sufruot of the water
shout the right to pollute the same to
oh an extent rs may necessarily occur in
D use of the mill. Hall claims he has q
hit, as a riparian proprietor, to have the
ktor of the creek flow over his land In Its
tural state FREQ from foreign substances.
In Session To-day.
The supreme court will convene to-day at
on. Since adjournment the supreme
urt chamber has undergone sorne changes.
be room has been t%astefully fresooed and
new bench has been placed in the north
d of tho room for the use Of the judges.
Ter the bench, on the wall, has been painted
Q coat OF arms of Montana, showing the
kure of q miner and Il ranchman, and the
miliar inscription, "Oro y Plata" Tit
esent session will be . busy one there be-
Y u AuulD6E III CaDO6 - AVuAAARs LAo
lem is the appeal of Mrs. Kate ID. Edger-
n from the decision of the district court
this county in her case against E.. d.
for separate maintenance. Sew
al cases were fled yesterday.
Fol Trial.
The following oasen have been set for
ial in the district court:
DEPARTMENT NO. l.
Dot. S-523, Gordon OF al. vs.. Mady Cloth
q Co., Lindeke ct al. Va. Mady Clothing
D.; 543, Lampher ct al. Va. Mady Clothing
o.; 551, Peck ct al. w. Mady Clothing Go.
b.. Brown ct al. Va. Mady Clothing Co.,
b7, Triest ct al. w. Mady Clothing Co.; $50,
|ineer OF al. vs.. Mady Clothing Co.; 639,
uppenheimsr OF al. VS.. Msdy Clothing 60.
eO, Lampher ct al. Va. Mady Clothing Co.;
E|lO, Hart ct al. vs.. Mady Clothing Co.; 538
Goodyear Rubber Co. VS.. Mady Clothing
TO-; 544, Gordon ct al. vs.. Mady Clothing
TO-; SAG. Benjamin q Go. VS.. Mady CLOTHING
TO-; $50, American Hosiery Go. vs.. Mady
Clothing Co.; 554, S%tsinhardt ct al. Va. Mady
tlothing Co.; $50, Hansens Empire Eur Co.
d. Mady Clothing CO.; 572, Portage Hosiery
DO. vs. Mady Clothing Co.; 542, Lewis Knit
ing Co. vs.. Mady Clothing Co.; 592, Olson
al. va. Mady Clothing Co.; 626, Alling 81
lie w. Aoay oAoUAAAAk WY otSg ~
Is. Mady Clothing Co.
Oct. 1851. silver Bell Mining Co. vs.
Hotter.
Oct. 1896, Kisselpangh Va. Montana
Railway Co.; 377, Thornvall vs..
Endall.
Oct. l4-153, Barton W.. Hiqgs ct TX; 1868
Rector Va. Alexander; 943, Whittier ct al
oct. I5-s21, o'conners Of al. vs., City o.
Oct. 16-4957, Blake vs.. Davis; 903, Gil
christ Bros. ct al. Va. Gromm d Green.
Oct. 17-b16, Foote va. Jockey ct al; LII
(akoski w. True Fissure Mining Co.
Oct. 19-Yellowstone journal Publishing
20. Va. Kinsley.
Dot. 2O-State va. Diehl.
Oct. 22-4967, Story VS.. R~ohrbaugh; 1869
Story VS.. Treacy; 4971, Shaw vs.. Richards
Dot. 23-State VS.. Jordon.
Oct. 24-34s, Hogan ct al. vs.. Bach.
Oct. 26-665, Mares ct al. VS.. Schumacher
Oct. 27-3789. Newall vs.. Meyendorf.
Nov. 3-331, Reilly VS.. Nell.
Nov. 4-1003, Edgerton VI. Edgerton; Dur
an W.. Edgerton.
Nov. 1o-SCartwright Va. New York Lift
Co.
DEPARTMENT NO. 2.
OCT. 12-3972. Hotter ct vs., Briscoe.
Oct. 1873, Thornvall Va. Thornvall
Bog, Emdall vs. Thornvall; 1890, Hershfielt
Ut al. va. Clarke, Porter ct al.
Oct. l-2O2, HAIRY vs.. Crescent Mininl
Co.: 80, Frasher d Shepherd vs.. Jefferis; $50
Cusick Va. Helena District Telegraph com
pany.
Oct. 15-475O, Schaas Va. Jefferis; 266
Kleinschmidt vs. Spencer ct al; 1l42
Va. Friedman ct al.
Oct. 16-1172, Weinkle vs. True Fissur'
Mining company.
OCT. 19-34s, st. Amour vs.. Parent.
Got. 2O-738, Lindsay O. Co. W. Jacobs
Sultan d. Co.; S18, O'Brien vs. Kleinschmid
OF al: 852, Kinsley vs.. Beattie ct al.