The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-24
UNITED STATES COURT
Decision in the Johnstown Lode
Injunction Case.
HE REFUSED TO GRANT IT
But Restrained the Defendants From
Working Under Certain Portions
of the Johnstown Lode-The
Opinion in Full.

Judge De Haven, in the United states
court yesterday, made a decision on
the temporary injunction matter in the
case of the Boston & Montana company
against the Montana ore Purchasing
company. involving the end line ques-
ton Of the conflicting interests In the
Johnstown lode claim. He refused 10
grant the injunction as to the most
important question raised and granted
IL so as to enjoin the defendants from
working under the Johnstown to TIE
north, east and west of the Montana
ore Purchasing company's portion "f
the lain The claim of the Boston d
Montana that the west n
line of the strip decided to the Montana
ore Purchasing company should, ana
was mean to run parallel with the emu
lines of the original Johnstown, was
not sustained by the court. The opln-
ion in full is as follows, after he title
of court and cause:
This is an action to enjoin the Co
PENDANT from extracting ore from GER
tain veins having their apices wlthln
the premises described in the bill OF
complaint. Upon this application Ter
an Injunction during the tendency Cf
the action. | will simply state the con-
illusions reached by me, without at
tempting to state at length. the rea-
sons upon which such
rest.
The deed executed on April 6, 1898.
by the Boston a. Montana Consolidated
| Copper 4 silver Mining company Il
Montana to the complainant, conveyed
To the complainant the legal title to the
premises therein described, notwlth-
standing he fact that such deed was
not executed with the consent OF the
holders of two-thirds of the shares If
the capital stock of the grantor con-
pany. as required by the statute laws
of Montana. Campbell ". Argenta Gold
& silver company, 81 Fed. l.
A part of the controversy between
the parties hereto, relates to the right
to extract ore from lodes or veins be-
longing to what was originally tie
Johnstown lode claim. Each of the
parties hereto is the owner of a por-
ton Of the Johnstown lode claim, ana
both deriving title. from a common
source. The title of the defendant orig
mates in a deed executed to II on March
Z. 1883. conveying all n right, fi''e
and interest of the grantors to that
certain portion lain and mining right,
title and property on that certain ledge.
vein. lode or deposit of quartz an ]
other rock in place containing precious
metals of gold. silver and other metals
/ and situated i'm the Summit valley min
ing district. county of Silver Bow ana
Territory of Montana, and described as
follows. to-wit:
beginning at the southeast corner
of lot ia, n granite stone 26Xl2X6 inches
90 inches deep. with a mound of stone
two and n half feet high, four AMI q
half feet base alongside the stone an
running thence north Q degrees 30 min
utes west. 2l9 feet: thence north 20 de.
grees Q minutes west. 500 feet. from
which corner No. l of lot No. 179 bears
north 20 degrees 2 minutes west, 81
feet distant: thence south "A degrees
80 minutes west. 800 feet: thence soutf
% degrees 40 minutes west, 235 feet.
thence south 80 degrees % minute east
400 feet: thence north IS degrees 30 min
utes east. b67 feet to the place of be
ginning. containing an area of 6 SO lG'
acres. All right. title and interest tina
is now possessed. together with AZ;
that may hereafter accrue through ap'
plication No. 1865. made to the Cnlrst
states government by the grantor'
herein for a patent for lot No. l13, to
gether with all the dips, spurs anC
angles, and also all the metals, ores
gold. silver and metal-bearing quartz
rock and earth therein, n all tht
rights. privileges and franchises There
To incident. appendant and appuTte
nant. or Herewith usually had and en-
joyed.'
"The remaining fraction of the Johns
town lode claim is owned by the com
plainant, and the following diagram
will show the surface lines bounding
the respective tracts owned by the par
ties: