The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-13
UNITED STATES COURT
Judge De Haven Listens to Johns
town Lode Case.
A TEMPORARY INJUNCTION
Had Been Granted and the Present
Hearing Was Upon Making 1t Per-
manent-Both Companies Claim
the Ore.

ton of Judge De Haven in the United
States circuit court yesterday. The
matter up for hearing was an injunc-
company VS.. the Montana ore Purchas-
ing company in regard to ore in The
Johnstown lode claim. part of which Is
owned by each party to the suit, and
each side claims to have the only true
apex. and hence owns the ore. A tenn
porary injunction order was made on
June 20. and the present hearing is 10
determine whether or not this tenn
porary restraining order shall be made
permanent.
The complainant claims that at va
rious times since January |. 1897. the ue-
PENDANT ~wrongfully and unlawfully and
through its agents. representatives and
employees entered upon and into the
premises owned by the complainant
and upon certain veins having their
tops or apices within the said premises
by underground levels. crosscuts and
other workings and extracted from said
premises large quantities of valuable
ores of the value of S25. 900. That at
the time the injunction was issued they
were still extracting ores from this
ground, and threaten To continue to
10 SO uilltsS restrained DN Injunction.
The ground is placed at the value of
more than 500, 000. That on June 20,
1898, the complainant brought an ac-
ton against the defendant to recover
the value of the ores so extracted from
the Johnstown claim. The ores. 1t is
claimed. belong to the complainant by
reason of the fact that it is the owner
of the veins and the tops and apices
thereof.
John F. Forbis presented the case yes
terday morning for the complainant.
and examined Lee Hayes, who was the
only witness examined on the side Of
the complainant Mr.. Hayes testi-
mony was that the ores in question
have their tops in the portion of the
Johnstown belonging 10 the plaintiff.
Judge Mediation presented the Ease
for the defendant yesterday afternoon.
+. II. Trerise was first examined. He
worked for the Boston e Montana COM
pany. he said. up To 1895. and i'm that
| year he was ordered by the manager Of
the company to stop work on the 700
foot level because the ore there belonged
to Mr.. He!nze.
Were the workings cunnected?"
Yes, at the 450."
Not below"
mo"
Mr.. Forbis. on cross-examination,
asked the witness:
How long have you been with the
Montana ore Purchasing company
About a year and a half"
"Since this litigation began"
Yes"
did the Montana ore Purchasing
company seek your services, Cr lid you
seek employment" asked Judge Nc
Hatton.
Il believe sought employment"
j. A. MacFarlane was next examined.
and testified to the apex of the veins
being on the ground Of the Montana
ore Purchasing company.
+. Augustus Heinze, president and
general manager of the Montana Ore
Purchasing company. testified hat the
property was bought by him i'm the
spring of 1895. He had previously
worked il on a lease. He had worked
these ore bodies right along. and had
never had any intimation of the Boston
& Montana company claiming the
ground until the papers I'm this action
were served.
That ended the testimony. Mr.. For
his argued the case for the complain
ant. and then court adjourcnd until
to-day, when Judge Mediation will ar
que.
In the same case yesterday a motion
was made by the complainant that the
defendants he adjudged guilty or con-
tempt of court i'm having violated the
Injunction order issued Jun 20.
The motion is supported by an am
davit from Frank Klepetko. superin-
tendent of the Boston & Montana com
pany. who says that on July I the de-
PENDANTS extracted ore from the oVo-
foot crosscut. and from the $50 to the
75O-foot levels Of the workings Of ths
Montana ore Purchasing company
Judge De Haven issued an order requlr
ing the defendants TO appear before mn
.IuIv 10 to answer to the charge.
In case 35. involving the Pennsylvan'
Ia. a similar motion was made ana th'
were ordered to answer July
10 to the charge of violating the re
straining order.
In the case of Livingston Cushing We
the American Development a Minini
ompan an order was made permit
ting the referee. f. w. Bacon, To draw
5000 per month salary.