The Anaconda standard., 1895-01-11
OVER THE P0ULIN LODE
Interesting Suit Involving Right Of
Way for the B., a. &P.
GETTING AT THE VALUE
Judge Mediation Is Spending Some
Busy Hours Listening to the
Disputes of Corporations
and People.

BUTTE, Jan. 10.-The condemnation
suit of the Butte, Anaconda d Pacific
against William Mcnamara and Kate A.
Mcnamara, owners of the Poulin lode
mining claim, came on for trial before a
jury in Judge McHatton's court this
morning on an appeal of the defendants
from the award of the commissioner for a
right of way over the mining claim. w.
w. Dixon appeared as attorney for the
railroad and Z. b. Howell for the defend
ants. The jury selected was composed of
John o. Jones, Thomas McCrimmon,
Peter McCabe, V. c. Whiting, c. r.
Tucker, c. w. Ellingwood. w. o. Roberts,
Adolph Reichle, A. w. Noble, William
Woodward, Thomas Gray and r. G..
Huston.
The right of way over the Poulin lode is
$40 feet long by 30 feet wide, with four
feet additional taken from the Montana
Union right Of way, with which the b., A.
& z. runs parallel. The commits
sioners awarded Mr.. Mcnamara
$50 as the value of the ground
actually taken, which Mr.. Howell told the
jury was grossly inadequate. The attor-
ney stated that the defendants would not
claim that the ground not taken was dam
aged moro than il was benefited and that
tho testimony would be confined to the
value of the ground actually taken. T. L.
Baker, civil and mining engineer, was
the first witness called and Mr., Howell
asked him as to the value of the whole
Poulin claim in order to arrive at the
value of the right of way. The question
was objected to on the ground that the
defendants disclaimer of damages and
benefits precluded them from introducing
testimony as to the value of the whole
claim, and long argument followed,
after which the judge took the matter
under advisement until the after
noon session, at which time
he sustained the objection, basing
his ruling on supreme court de-
cision to the effect that the market value
of the ground was the basis of determin-
ing the price to be paid for it. The value
of the ground must be fixed independ-
emily of its value TO the mine or TO its
owner, or what it is worth to the railroad.
The witness said it would be impossible
TO fix value on the ground under such
circumstances, as its principal value was
in reference to the PoulIn mine. How
ever, after a great deal more argument
and number of questions put in differ
ent forms, Mr.. Baker said that the right
of way was worth at least 50 per running
foot or 81 ,110 for the 80 feet.
Jacob Schwenk testified that the Stella
and Carrie mines, which adjoin the Pou-
lin, would require more dumping ground
than what they now have If they should
be developed to any great extent and the
ground in controversy would be valuable
for that purpose. He also testified that
the ground would be worth 81 or So per
running foot. Other witnesses for the de-
fense testified to about the same state of
facts. The trial of the case was not con-
cluded when court adjourned this even
ing.
A transcript on an appeal in the case of
Charles Swanson against ID. j. Hennessy
was filed to-day by the defendant. The
plaintiff had secured judgment in a South
Butte justice shop for S166, claimed to be
due for merchandise, livery bill and for
labor performed.
Attorneys George Haldorn and O. j.
Blodgett went to Deer Lodge to-day TO APP
pear in the habeas corpus proceedings in
the case against Louis Byer, one of the
three men charged with cattle stealing.
Mr.. Blodgett is attorney for Byer and Mr..
Haldorn has been retained by the Stock
association TO prosecute the case against
Byer and his partners.