The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-25

Eakins. w ID. Fenner. y. Jubinville,
James Mcdonald. j. H. Gilbert.
During the afternoon session the at
torueys announced that they had
agreed to have q. III. MacDougall ana
]. n Mcdonald act as stenographers,
each to take half the testimony and
get out transcript of the evidence
each day This was agreeable to the
court and he appointed both stenog-
raphers.
The complaint in the case reads as
follows
THAT the said defendants wrongfully
and unlawfuly entered upon and into
this said premises by underground
workings and by shafts, tunnels. DRIFTS,
levels and crosscuts and extracted
theI efrom large quantities OF valuable
ores containing copper. silver ana otnef
precious metals, against the will. wish
and consent Of this plaintiff. That py
means of such underground workings
the said defendants have extracted
from within the premises described
since the I'd day of February. 1917, ores
Of the reasonable value of $4,000. and
have converted the same to their own
use and have smeltcd and reduced the
said ores and taken the proceeds there
of and converted the same to their own
use.
THAT by reason of said trespass TINS
plaintiff has been damaged in the sum
of SIS, 900. 1t is further alleged mat the
determination of the SAID controversy
between the plaintiff and defendant in
wolves the construction of title %, chep-
ter of the revised statutes of the
United States concerning mines ana
mineral lands in this. towit That the
said defendants own or claim To own
portion of that certain quartz lode
claim called the Rarus. and also por-
ton of that certain other quartz lode
claim known as the Jamestown, and
also a portion of the Little Ida, all OF
which claims lie north and northwest
of and near to the said Michael Dewitt
lode claims on the north and northwest,
That as plaintiff is informed and be
lieVes and therefore alleges the facts
to be. the said defendants claim the
right to enter upon the premises above
described by reason of the fact that
certain veins owned or claimed by the
defendants or in their possession have
their tops or apexes within the ground
owned or claimed as a portion OF the
Rarus lode claim, portion OF the
/ Johnstown lode claim or 4 portion OF
| the Little Ida claim, and defendants as
sert their right TO follow such veins on
| their downward courses or dips, al
| though the same so far depart from
perpendicular as to depart from the
| ground owned or claimed by the de-
| PENDANTS and enter the premises owned
and claimed by this plaintiff to-wit;
But plaintiff denies and disputes the
| fact that the said veins upon which the
| defendants have mined within the lines
! of the Michael Dewitt lode claim are
| such veins as can be followed on their
| dip beyond the lines of the defendants
! possession and into the ground or pos
/ sessions of the plaintiff, but alleges the
| fact to be that the said veins are brok-
/ en- and intersected by faults in such
/ manner that the same cannot be traced
| or followed from the ground of the de-
| PENDANTS into the Michael Dewitt and
! that therefore the said defendants have
| no right to enter upon the ground OF
! this plaintiff for the purpose of extract
| ing ore therefrom by reason OF their
| ownership of the apeXes of any veins
within their ground. And this plaintiH
/ further shows that the veins upon
which the defendants have been eN-
| tracing ore within the premises of this
| plaintiff do not in their course or strike
| depart from the end lines Of the
i defendants claim or possessions, but
| that the same depart from the side
| lines OF such claims in such manner
as To prohibit the said defendants from
| following the same beyond the side
! lines of their own possessions into the
/ Michael Dewitt
THAT there are several veins which
the defendants claim the right to follow
| on their dip beyond the side lines aud
into the ground of the plaintiff, the said
/ Michael Dewitt claim, but that
/ neither of said veins i'm their courses OF
strikes depart from the end lines of the
| said claims or possessions of the de-
| PENDANTS, but plaintiff alleges that the
ground claimed by the defendants was
not so located or situated as to have
any end lines whatever as provided by
the statutes OF the United states in
such cases and that in consequence of
such failure upon the part, of the loca'
a rsl
the same with end lines parallel or to
locate the same along the defendants
veins the said defendants have no extra
lateral rights in or To any of the said
veins on their said ground and are not
entitled to follow the same into or upon
the Michael Dewitt.
For second cause of action the plain
tiff also asks $4,000 damages for ores
alleged to have been extracted from
the Michael Dewitt claim prior % Dec
/, 1896.
The answer Of the Montana ore Pur
chasing company to the above sui
denies that T.. Rollins Morse is tn,
owner of fiVc-sixths interest of thu
Michael Dewitt. that the property wa'
sold at sheriff's sale on April s. 1897
and was bid in by L. L. Whitmore
The defendant denies that ii wrongfullS
or unlawfulIy entered upon the Michae
/ Dewitt or extracted ore 10 the value o
i 600 or any other value at all or tina
plaintiff has been damaged by an!
trcspaSs.
, The defendant admits that II claims
the right 20 enter upon the premises
: described as the Michael Dewitt by rea
son Of the fact that certain veins owne,
by the defendant have their apeNe
within the ground owned by the de
PENDANT. viz the Rarus. Including
| portion of the surface which was pat
ented under the Johnstown application
and denies that the veins are broken o
intersected by faults in such 81 manne
that they cannot he traced. The de
| PENDANT states that the Rarus lod
2 claim as located on the second day %
a October. 1873, had parallel end line
and that patent was granted on SAT-
location and claims the right To follow
the veins on their strike or dip. Tn
| defendant admits that III did enter be-
meath the surface Of the Michael Dewitt
lode claim and not wrongfully or un