The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-04
IN THE FEDERAL COURT
No Session Will Be Held Until
Next Monday.
THE HEINZE CASE AGAIN
An Answer Filed Denying That the In
junction Has Been Violated - De-
PENDANTS Did Only Necessary
Development Work.

The session of the federal court
which was to have been convened yes
terday was again adjourned, owing to
the inability of Judge Knowles to be
present. Under instructions received in
the morning, United States Marshal
McDermott formally convened court
and adjourned again until Saturday
A short time later a telegram was re-
ceived from Judge Knowles stating
that he will not open court until Mon
day and accordingly still further adj
journment will be taken until that
time.
Through its attorney the defendant
in the suit of Il. Rollins Morse VS.. the
Montana Ore Purchasing company, F.
August HeinZe and Arthur p. Heinze,
filed an answer yesterday in the federal
court to the order of the court entered
at the last term, directing that the de-
PENDANT appear and show cause why it
should not be punished for contempt
for extending the 450 level of the Rarus
mine in the Michael Davitt lode, con-
trary to the courts order. In the an
sWer it is denied that the Injunction
has been in any way violated and it is
alleged that the injunction did not pro-
hibit the defendants from doing any
necessary development work for the
purposes of the suit and the extension
of the level was. as the defendants be
lieve material development work
made to prepare a part of this cause
for trial. 1t is further alleged that the
extension of the level was given into
the charge of James MacFarlane with
instructions to remove and store the
ore. 1t is intended that the level is
merely prospecting level and that no
ore was taken from underneath the
Michael Davitt lode claim.
1t is also alleged that r August
Heinze is the owner of an undivided
half interest in the Snohomish lode.
lying north of and adjoining the
Michael Davitt, that as the defendant
believes. the lode or ore body upon
which the level was extended. has it's
apex in the Snohomish lode and that
the same, east of the plane of the east
end line of the Rarus lode claim be-
longs to the owners of the Snohomsh.
1t is further alleged that, since the be-
ginning of the action, the Butte & Bos-
ton Consolidated Mining company has
become the owner of the Michael Dav-
lit lode and leased the right to extract
ores from underneath the surface of
the Michael Davitt lode. that by virtue
of an understanding with the leSSees,
the defendant secured the right TO ex-
tend the level and to extract any ores
encountered therein, lying underneath
the Michael Dayitt lode. and that as
the defendant believes, the plaintiff has
no interest in this suit.
The defendant then sets up that L.
August Heinze had u right to half the
ores thus extracted and tan account
for the other half. that the work was
done with the understanding that the
defendant had the right to do it for
the purposes of the suit, that the work
was done under the direction of L.
August Heinze and that there was no
intention of violating the informa-
ton
Accompanying the answer is an Aft
davit of James MacFarlane, attesting
the truth of the statements contained
in the answer. which the court is asked
to make a part of the answer. The
court is asked to dismiss the citation
for contempt.
In the suit of the Boston & Montana
company against the Montana Ore Pur-
chasing company. which has been pend
ing some time, a demurrer was filed
to the complaint on the ground that the
court has no jurisdiction, inasmuch as
both parties to the suit are residents of
Montana. a motion to dismiss accom-
panies the demurrer.