The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-29
IN THE DISTRICT COURT
Another Mining Suit Before
Judge Lindsay.
IT'S A QUESTION OF APEX
Frank Denied That He Had Promised to
Reimburse the Leasers for the
Money Which They Had
Expended.

The mining suit of A. A. Mcmillan,
McGovern, Michael Devine. Charles
Cluett, James McFall and Donald Nc
Donald against III. l.. Frank was on
trial before a jury in Judge Lindsay's
court yesterday. According to the
plaintiffs Frank was some years ago
the owner of a hal interest in the Clark
mine. located south OF the Mountain
Con. and he leased the mine to ]. j.
Cusick, who assigned the lease TO the
plaintiffs. h latter went to work
developing the property and sank a
SHAFT 225 feet deep, and at the $50 foot
level ran a crosscut north and south
and two large bodies of high
grade copper ore, one IL feet wide. Then
they were stopped by the Anaconda
company, which secured an injunction
against them on the ground that the
ore they were working on was the
Mountain Cor vein. and had its apex in
the Mountain Con ground. The matter
was reported to Frank, and he told the
leasers that they had found a vein in
his ground which he did not know ex-
listed. and he would protect them. He
said that IL he made a settlement with
the Anaconda company he would pay
the leasers for everything they were
out and la expended on the mine. He
did effect a settlement with the COM
pany, but he then refused to settle with
the ~leasers, who a in the meantime
SURRENDERED their lease on the promises
made to them by Frank. They claim
there is due them 81, 726. 80.
On the other hand, the defense set
up that under the conditions of the
lease the lessees were to performs %
days labor on the mine each month
and sink a 300-foot shaft. TIL lease
was only to such veins as had their
apices in the Clark ground, and the ore
body uncovered by the leasers was a
vein which had it's apex in the Noun
ain Con ground. and TO which Mr..
Frank had no claim. The Mountain
Con is one of the Oldest locations in
the camp, and it cost Mr.. Frank several
thousand dollars TO find out where the
apex of the vein was. After tine in
junction Mr.. Frank sold his interest in
the Clark to the Anaconda company,
the owner of the other half interest,
and the injunction suit was dismissed.
Mr.. Frank denied that he had promised
to reimburse the leasers for the money
they expended.
F. T. Mcbride and F.. n. Harwood APP
peared as attorneys for the plaintiffs,
and william Scallon and G. w. Staple
ton for the defendant. J.. ]. Cusick
was I1e nTSl NilntSS vi lilt sldIu NtH-
terday morning. and testified concern
ing the lease he had from Frank. The
lease itself was offered in evidence, and
then Mr.. Scallon objected TO the intro
duction of any testimony under the
first count of the complaint on the
ground that it appeared from the lease
that any work done by the leasers was
in violation of the lease, and that,
therefore, they suffered no damages.
The arguments on the objection took
ND nearly the entire day and was sus-
tanned by the court. The plaintiffs We're
then granted leave to amend their COM
plant and court adjourned until his
morning.
Judge Lindsay yesterday made an
order granting G. e. Dutton permis-
sion TO make an examination and sur
vey of a mine being operated by George
A. Cobban and others north OF the
Glengarry, in the Rice addition. Dut-
ton owns several lots to which he mas
the quartz title, and he has reasons to
believe that Cobban is extracting ore
from beneath the surface of the lots in
question.
Judge Lindsay yesterday reset his
trial calendar as follows: Miles Fin
len VS.. Mary f. Kelly, June 30; j. ii.
Bartlett VS.. II. L. Frank and John \.
Cannon ct al. vs. Micha A. Donahoe
ct al, July /; p. J. Harrington VS.. the
Butte & Boston Mining company ct al
July 5: ST. Paul Fire and Marine lnsur-
ance VS.. Michael Jennings and
Della Hanrahan VS.. the City of Butte,
July 7; A. A. Lager-Green VS.. p. i.
Peterson and Kellogg, Johnson & Co. VS..
John O'Rourke. July S-M. ]. McCune
VS.. II. L. Frank. July II; John +. Reins
VS.. Silas II. King, July IL.