The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-19
MICHAEL DEWITT. AGAIN
AIEMPORARY INJUNCTION
b butte q Boston Claims That 1t Is
the Montana Ore Purchasing
Company Under q DIFF
ferent Name

II seems. according to the new com
plant OF the Butte & Boston company,
on which a temporary injunction has
been issued by Judge Knowles. that the
taking of ore from the Michael Dewitt
claim is not yet stopped. Ii is o n
tended that the ore which IL Is now
claimed is being extracted from the
Michael Dewitt is O being done by
the Montana Ore Purchasing company.
but by the same people under another
name. the Chile Gold Mining company.
The defendants I'm the new bill of COM
plaint are the Montana Ore Purchas-
ing company. Chile Gold Mining COM
pany. John MacGinniss, Edward l..
Whitmore and Carlos Warfeld.
In the bill of complaint the plaintiff
recites that IL is the owner of the
Michae Dewitt lode claim N that ON
or about March "a last the defendants
wrongfully and unlawfully entered
upon and into the Michael Dewitt lode
claim by means of underground work.
ings and by tunnels. shafts, crosscuts,
levels and drifts and mined and ex-
tracted from the said premises large
quantities of bic ores of the rea-
sonable value of $4,000. and that ever
since that date the DEFENDANTS have
continued to mine and extract ores
from the said premises belonging to
this complainant and are now mining
and extracting ores therefrom n
threaten to continue SO to do unless
this court shall. by its injunction. re-
strain and enjoin the defendants from
SO doing.
That the said ground Of complaint
is valuable almost exclusively for he
minerals therein contained and that the
same Is very valuable for the copper.
silver and gold ores which are found
therein In large quantities. and that IL
lie these ores that the defendants are
now extracting and mining. and threat
en- to continue to mine and extract in
the future.
That the said ground owned by this
complainant Is of the reasonable value
Of more than 500. 900. and hat the said
ores which the defendants have ex-
tracted and threaten To extract are of
the alu of $4,000.
And you orator further alleges that
IL has no means of a~scertaining the
quantity of ores the defendants are
extracting or may extract. and IL they
are permitted to continue to extract
said ores. IL would be altogether un-
certain and indefinite as to what
amount of ore or the value thereof
which may be extracted In the future.
as in the past. n hat this complain
ant will be compelled to rely. tn n great
extent. upon the good faith and show
ing of the defendants as to the amount
end value Of the ores which they have
heretofore and may hereafter extract
from the said premises.
That unless the defendants are en-
Joined and restrained from mining and
extracting the ores. this complainant
will be required to bring numerous ac-
tions for the determination of the dam
ages which IL has sustained and will
sustain by reason of the ~trespass.
That on the 18th day of May this
complainant brought an action at law
against the defendants to recover the
value of aid ores. and said action is
now pending in this court.
Wherefore wour orator prays that
the defendants be forever enjoined and
restrained from extracting any ores
from within the limits OF the Michael
Dewitt. pending the trial OF the title to
said premises"
The restraining order asked for i'm
the bill of complaint vas signed by
Judge Knowles yesterday. May % is
set as the day for hearing the sppli-
cation for an injunction and as to
whether an injunction will issue pend
ing the said trial of the title To the said
premises,