The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-07
ORDER WAS MODIFIED
Boston e. Montana Company May
Do Development Work.
BUT MUST STORE ALL ORE
A Decision Against Kirkwood in the
Order to Show Cause-He Exceed
ed His Authority-Case Not
in His Jurisdiction.

Judge Clancy yesterday made an or
der modifying the Injunction in one of
the suits of the Montana ore Purchas-
ing company against the Boston &
Montana company. The order reads
as follows:
Hereafter the defendant shall be
and he is enjoined from mining or ex-
tracing ore from the vein in the Penn
~sylvania claim. designated by defend
ant as vein No. 3, and from veins and
ore bodies in said claim lying north Of
said vein No. 3. also combinations of
said veins as claimed by plaintiff to the
west. and said injunction shall apply
only to such veins and ore bodies above
mentioned, or the portions thereof
which lie between a plane passed
through the east end line of the Johns
town lode claim extended to an inter-
section Herewith and a plane down
through the west end line of the portion
of the Johnstown claim owned by the
plaintiff continued In its own direction
until it intersects the west end line OF
the Pennsylvania claim, or that line
produced. Said Injunction as hereby
modified is continued in force upon the
bond now on file herein. The defend
ant, Notwithstanding this injunction,
shall have the right to do all necessary
development work, but shall store all
ore extracted in doing such work"
Attorney Evans, for the defense,
asked that the bond. which was only
50. 1000, be increased. He said the evil
dence at the hearing showed that the
Injunction necessitated closing down a
large portion of the mine. Mr.. Mo
Hatton opposed the increase Of the
bond and the court declined to require
IL.
The order TO show cause in the case
of the state eX rel. II. G. Reynolds
against w. +. Kirkwood, a Meaderville
Justice Of the peace, was heard by
Judge Clancy yesterday morning and
was decided against Kirkwood. Reyn-
olds had been defendant in n suit
brought in Kirkwood's court, and as
he was a resident of South Butte
township he asked that the case he
transferred to one Of the justices Of
that township. Kirkwood made an or
der transferring il to Justice Ducie's
court and Reynolds paid all the costs
which had accrued up to that time. La
ter Kirkwood changed his mind and
sent the case to Walkerville and Reyn-
olds appealed To the district court,
| tidlullIlE lldl hiIhN obh Hdu tAttthsu
his authority and had lost jurisdiction
over the ease after he had once made
an order transferring II to South
Butte. At the hearing yesterday il
was claimed in behalf Of Kirkwood
that the first order had been made on
condition that il would be agreeable
to the plaintiff in the action against
Reynolds. but that the party afterward
objected and for that reason the case
$50 ..A4 -, NN,1lrAH,f1Ia T.,Ima rla 49,
said the action of the Justice of the
peace locke bad, and that he had no
further jurisdiction after the first or
der of transfer had been made.
Edouard Berthemet, through his
agent, c. G. Rueger. yesterday brought
a suit against George $. Holbrook and
about % others to regain possession of
the Atlantic lode claim and for 81. 900
damages. He alleges in his complaint
that hc is the owner OF the property
in question and that on July |, 1898.
the defendants entered upon the pos
session of it and ousted the plaintiff.
He claims TO have been damaged in the
sum of $1,000. FOR which amount he
asks Judgment. and also for 800 a
month as the renta value of the prop
erty.
In the case of G. Il. Dutton against
George \. Cobban and others n suit
for injunction m damages on account
Of ore alleged To hav been wrongfully
taken from the ground owned by the
plaintiff, a notion, TO dissolv the at
tachment was argued and was sus-
tanned by the court upon a bond in the
sum OF $500 being filed by the defend
ant.
Mrs. aura Willard was yesterday
granted authority to 10 business in Ter
" name as a sole trader. She told
Judge Clancy that her husband was dis
sipated and had contributed nothing TO
her support in five years, hut that she
did not want to get a divorce because
she had religious and conscientious
scruples against il.