The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-29
DUAL INJUNCTION CASE
Criss-Cross Litigation Argued
Before Judge Clancy.
HAUPT VERSUS THOMAS
The World Quartz Lode Claim Seems to
Be Decidedly Under Government
by Injunction-Both Cases
Continued.

Inc uOuDle injunction case growing
out of the attempt of II. L. Haupt to
! jump the city residences and lots of
f. w. Thomas and John McGovern and
locating the World quartz lode claim,
came up for hearing before Judge
Clancy yesterday on the counter in
functions, and on an order citing
| Thomas to show cause why he should
not be punished for contempt for OBJ
tanning from Judge Clancy an injunc-
| ton to restrain the enforcement of an
injunction issued by Judge Lindsay on
the application of Haupt. Before the
hearings We're taken up the defendants
in the several suits filed their answers.
EraStus w. Thomas and John e.
McGovern in their answer 10 the suit
brought by Haupt denied that the
ground in question was open to loca-
ton on the first day of January, 1896
or that Haupt discovered within the
boundaries of the ground a well-de-
fined vein of mineral bearing quartz
They also denied that they were insol-
vent, and admitted that Thomas pre-
vented Haupts employees from doing
any work on the ground, as he had
good right to do. He did not use force
or threats, but notified them that he
was the owner of the premises and
would not allow them to excavate
and throw the ground and rocks
against his house. Continuing the an
swer alleges that on the first day of
January, Haupt attempted to locate the
World lode claim on the ground in con
troversy, but never discovered any
mineral bearing quartz as required by
law. and he abandoned the location. 1t
is farther recited that the premises are
situated in the city and since 1882 have
been occupied for townsite and resi-
dence purposes. The city has popu-
lation OF more than 10000, and the land
is close to the center of the city, and
in the third block east of the main
street OF the city, and for many years
has been held for residence purposes
and is now occupied by valuable build
1ngs and dwellings. the plaintin made
the attempted location not for the pur-
pose of acquiring or holding the land
for mining purposes, but for townsite
ana lot purposes, and with the purpose
of extorting money from the various
owners or poSseSsorS of the lots and
property situated in block No ] of the
Thornton addition, and he well knew
at the time that the ground was of a
non mineral character. the property
owned by the defendants situated on
the Blue Jay lode claim and Zelia mill
site and their predecessors in interest
have for many years occupied and i'm
proved it by erecting dwellings and
other buildings, and occupying it as
residence. The defendants ciaim that
the World location is of no effect except
to cloud their title to the property, and
was made for that purpose. and to an
noy the defendants and induce or force
them to pay him money to avoid liti-
cation and to relinquish his pretended
location. The defendants asked the
court to adjudge them to be the owners
OF the premises respectively claimed by
them, and that the pretended World
lode claim be declared invalid, null and
void. and that the plaintiff. Haupt, be
restrained from asserting any right to
the premises.
Haupt, in his answer to the coun-
ter action brought by Thomas, made
a general denial of the Iatter's right
and title to the ground. anG alleging
on his own behalf that on the first
of January 1896. he discovered we'll
defined vein of mineral-bearng quartz
and located the World claim. On the
18th of this month he attempted to do
the representation work and was pre-
vented by the defendant and on the
18th he secured the restraining order
to prevent Thomas from interfering
and the injunction is still in force.
Haupt put up a bond in the sum of
$1,000 to protect Thomas against dam
age in case the matter should be de-
cided in his favor.
The contempt matter was taken up
first and o. NJ. Hail. counsel for
Haupt, argued that Thomas was guilty
of contempt when he applied to Judge
Clancy and secured an injunction pre-
venting Haupt from doing representa-
ton work on the ground after Judge
Lindsay had issued an injunction re-
straining Thomas from interfering with
the work. Judge Mediation argued to
the contrary and the court gave it as
it's opinion that it was not contempt
and dismissed the matter.
Haupts injunction was next called
up, but one of Haupt's witnesses was
not present, and Mr.. Hall was not
ready to go on with the hearing. Mr.
Mediation objected to a continuance
but the court was inclined to grant it,
and told Mr.. Mediation that he should
be satisfied that he was not fined for
contempt.
I'm way we are very much obliged
to the court for that replied the at
torney, but | might suggest that we
did not plead guilty.
The court however, decided to con-
tinue the hearing on both injunction
cases until this afternoon at O'Clock
The cheap prices on boots and shoes