The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-04-01
BIGGEST IN HISTORY
A Mining Suit in Which The Dam
ages Are Laid at S2,2OO,OOO.
ITS PRETTY WELL MIXED
Litigation over Three Million DOL
lars Worth of Ore Extracted by
the q. & ". Through the
Mountain View shaft.

The decision of Judge Knowles in the
United Statrs court at Helena In the
injunction suits ot the u. q NJ. compa-
ny and +, Rollins Morse. chairman
~ the reorganization committee OF the
Butte and Boston comapny. against
the Montana ore Purchasing company.
In which u was sought to cstop tho
latter from working the Michael Dewitt
and Pennsylvania lodes. will be fol-
love ed 10y the heayi, st damage suit that
has ever been tried In the country. AZ
ter hearing the arguments In the Mi
Chael Dewitt case. In which a restrain
ing order To cniuin the Montana ore
Purchasing company from operation.
the claim was applied for. Judge
Knowles refused To grant the order.
and set the case for hearing on April
II.
In the Pennsylvania case the court
announced that IL would hand down a
written opinion as To whether or not the
injunction against the NJ. u, r, COM
pany would he dissolved or not. In a
few days. The officials Of the NJ. o. +.
company considered that the plaintiffs
had a much stronger case against them
In the Dewitt ease than on the Penn
sylVanla, and they are elated over the
decision. Manager McGinniss of tho
NJ. -, l.. company stated last evening
that as soon as the necessary papers
could be prepared suit would be insti-
tuted against the H. A NJ company for
s. 200 O0O, which, II il claimed, is the
net value OF the ore extracted by th.h
latter company through the mountain
View shaft from the west 100 feet of
the Rarus lead. This liz said to have
been the principal ore supply OF the
Mountain View, and II Is said that
nearly all OF the ore has been taken
out. II Is alleged that the lead was
from To II feet wide, and that It's av-
erage assay was 90 per cent copper.
The NJ. %. T.. company claims that
the value of the ore thus unlawfully ex-
tractcd was a little more than $1,000
900. and that the net value was 2.20O,-
00o. The Boston and Montana compa-
ny's damage suit of sso0.O 900 against the
NJ %. 4. company. which involves an
other part III the Rarus lead. will come
up at the September term OF the United
States court.
The Injunction suits which are now
before Judge Knowles at Helena In
NolVe some very complicated and inter-
esting points of mining law. The plain
THIS. the u. a NJ. and u. A Il. compa-
nics. rested their case ON the claim that
the lead runs out % both side lines of
! the Johnstown claim, which overlays
| the Rarus, and OF which the larger part
| In owned by the NJ. -. l.. company. The
defendant showed that Il was mining
under the rights of the Rarus patents.
! and that the lead went out Of the end
| lines Of the Rarus. Besides the rights
conveyed by the Rarus patesnts they
| also had deed 10 "A controlling Interest
| In the Johnstown from the same people
who decided the remainder of the Johns
town To the B. a NJ. company. II was
| further developed from the affdaNtts
that the predecessors In interest To the
| B a NJ. company had decided 10 the
| owners of the Rarus "A portion OF the
| Pennsylvania lode in order to make the
/ lines of the Iiarus straight. II was
also shown that while there were faults
| In the lead which the Rarus people are
| following they are on the strike and
not on the dip. and therefore don't al
feet the extra lateral rights
The interesting feature OF the case
Ia In the popularity Of the Rarus pat
ent. in that while II only grants a
small portion ~ the surface covered
| by the Rarus location. IL grants a pat
ent To |. .gls feet of the Rarus lead. and
that while the lines under the surface
are not parallel the surveyed lines
bounding the lode make a perfect par
allelogram. II In claimed by the NJ. @.
+. company that IN they were working
under the rights acquired by the deed
| TO part Of the Johnstown claim. and the
lead departed from the claim through
the side lines as claimed by the plain
tins. they, the NJ q. 4. company.
would not have extra lateral rights.
/ hut that in addition they have the
rights conveyed by the Rarus patent.
and that these additional rights not
only give extra lateral rights, but more
than 300 feet of the lead than Of the
surface, as conveyed by the Rarus pat
ent and Johnstown deeds. This 100 feet
is claimed to have been the principal
ore supply for the Mountain View mine,
and IL forms the basis for the largest
damage suit in the history OF Montana