The Anaconda standard., 1895-11-24
Butte DEPARTMENT.
COPPER In SOLUTION
LedfOrd's Injunction Suit Against the
Anaconda Company Heard.
HE SAYS THAT HE IS LOSER
The Mine People Say That They
Are Not In the PreoIpItatIng
Business-Under Advise
ment by the Court.
HE SAYS THAT HE is LOSER

The order to show cause in the in
junction suit of w. L. Ledford against
the Anaconda Copper Mining COM
pany was heard by Judge Mediation
yesterday morning. Mr.. Ledford had a
lease on all the water of the st. Law
renee and Anaconda mines for the pur-
pose OF precipitating the copper in
solution and in his suit charged that
the company had violated the contract
or lease by going in the precipitating
business itself and destroying the value
OF the water so far as Ledford is con-
cerned. The Anaconda company de-
MED that It had gone into the business
In its own behalf but admitted that It
had prcipitated some OF the copper in
the water for the purpose of protecting
the pipes In the mines, but offered to
give Mr.. Ledford mis- share OF the cop
per SO precipitated. The company did
not deny Ledfords rights nor question
the lease. but denied that he was dam
aged because the copper precipitated
by the company is still In the mines
and ready to be turned over to Mr..
Ledford.
In an affidavit filed to the company's
answer Ledford yesterday morning
reiterated his charges and said that
on or about Sept. IL the company did
commence the precipitation OF copper
and that so far as the Anaconda mine
was concerned the company was still
carrying on that business, but that
they had evidently ceased doing II In
the 81. Lawrence, judging from the ap-
pearance of the water. He concludes
that the work of precipitation Is still
going on in the Anaconda mine be-
cause since the 18th OF September the
tnt- l.oc al
cent. of copper as compared with what
1t contained before that time. In Au-
gust, he says, his clean up had a gross
value of $3.50, while for the two
months of September and October II
was only $500. He claims that prior
to September his average gross re-
ceipts from his business was $4,000 a
month. Ledford further alleged that
he was not permitted to go through
the mine for the purpose of investigat-
ing matters. but he was informed and
believed that the company was still
precipfating copper between the 600
and the 700 of the Anaconda. John B.
Welcome, who represented Mr.. Led
ford. argued to the court that the COM
pany's admissions gave them no ex-
cuse for depriving Ledford of the water
in the condition to which ne was
originally entitled. Mr.. Welcome said
1t was a fact that the value of the
water was constantly increasing in
value instead of decreasing as would
be shown by the present condition OF
the wafer
w. w. Dixon. representing the Ana
conda company. said an Injunction
should not he granted where there was
no danger of serious or irreparable
damage to the plaintiff. Under Led
ford's contract the company is not
Obliged to raise the water from the
mines at all, but IL so disposed could
shut down the mines and permit them
to I'LL with water and the plaintiff
would not get a dollars worth of
water. If the company found 1t impos-
sible TO pump the water up in its pres
errt condition by reason OF its destruc-
tion of the pipes and was prevented
from treating the water so that IL
could be pumped, an injunction might
In effect say that the mines must be
shut down The company claims the
right to adopt reasonable means for
raising the water and making II possi-
BILE to do so with the least expense
and damage to IT'S property. The COM
pany admits placing scraps of iron in
the water in the mines for the purpose
OF precipitating some of the copper in
solution and making 1t less destructive
to the pipes. 1t is done to make II
more practicable to raise the water and
@aOA " atfNANN VI any Oh
the benefits he is entitled to under his |
contract.
Mr.. Dixon said the rapidity with
which the pipes were eaten was |
startling. Various experiments have |
been tried but none were successful |
and finally iron was put in the water |
20 make II possible TO raise the water |
at all. AS far as Ledford's legal rights |
under his contract goes the company |
could have ceased raising the water /
the very day after the con-
tract was signed and he would have
had no recourse and no water Mr.. /
Dixon read the affidavit OF John p.
O'Nenl, superintendent of the Ana
oonda mine. and said 1t was entitled
TO at least as much weight as that OF
Mr. Ledford. Mr.. O'Neill recited the
fact that there was so much copper
IN solution In the water that some
thing had to De done to save the pipes.
The company Is still making expert
ments. and temporarily they put some
iron scraps into the water to precipi-
tate some Of the copper. and continued
II not exceeding seven weeks When
Mr.. Ledford brought his suit the pre-
cfpitarion was discontinued and the
water was raised in tanks. and there
has been no precipitation since about
Oct is.
Mr.. O'Neill accounts for the appar-
snt decreased quantity OF copper in the
water by the fact that in pumping II
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