The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-23
Judge Brantly Decides the Betsy
Dahl Mining Case.
JURY VERDICT SET ASIDE
The Court Finds That the Plaintiff Prop
erly Located the Property in March,
1893, and Later Perfected His
Title TO the Same.

CisiOn in the Betsy DAM mining case
in which John y. Reins is plaintiff and
Silas F.. King defendant, setting aside
tho verdict Of the jury and deciding the
contest in favor of Mr.. Reins. The
ground in controversy takes in a large
part of Meaderville and was orig
inaIly the Betsy Dahl mining claim.
Subsequently it was relocated by Reins
as the Combination and afterwards by
King as the Boomerang. At the trial
Of the contest the jury brought in a
lot Of contradictory findings and decided
that neither Reins nor Kin had any
title to the ground. Both sides moved
to have new findings nae by the court,
and the matter had been held under
advisement for some time. Judge Brant-
~ filed a written opinion which rs as
follows:
This cause was heard by the court
sitting with a jury, the trial being con-
cludcd on July %, 1898. Special findings
We're submitted to the jury, but no
general verdict. These special findings
were duly entered and filed and are
numbered from one to l6, inclusive.
Thereupon the parties both moved the
court, each asking that the court re
tract certain of the findings, adopt GER
tain others of them and make certain
/ llfls lA'tAA AAAN IA'DAh SA@AA 80 0~
be necessary to support a judgment in
its favor. The court took these motions
under advisement. and after due con-
| sideration Of the proof and the Issues
herein, files the following findings OF
fact and conclusions of law, from a COM
parison of which with the said motions
and the findings of the jury the courts
| action upon the matter involved VIII be
apparent:
"Finginds OF fact-On the 9Th day OF
March, 1881, one Henry c. Dahl, a cit
| izen of the United States, entered upon
the vacant u~noccupied lands OF the
United States, Summit alley mining
district in Silver Bow county, Mon
tana, and discovered theron a vein or
ledge of quartz in place, with a we'll
defined wall, bearing gold, silver and
copper. He thereupon named the vein
or ledge thus discovered the Betsy Dam
lode, and proceeded to make a location
OF a mining claim thereon under the
name OF the Betsy Dahl lode claim. He
marked the boundaries of his claim
along the ledge distinctly upon the
ground so that they could be readily
traced, by placing posts at the angles
thereof and a notice at the point OF dis
Covery. These boundaries extended l.
500 feet along the ledge ana not
more than 300 feet on either side there
of. Within 20 days after such discovery
/ ana LOCATION. the Sdil lam ~ ~
office of the recorder or Silver Bow
county, Montana, duly verified, his dec
latory statement of his claim TO the
said ledge containing the name OF the
locator, the date OF the location and
such a description OF the claim by refer
ence to natural objects and permanent
monuments as would Identify It. The
said Dahl and his were the
owners and In the possession of the SAID
Betsy Dahl lode claim until January j,
1898. when il become vacant and open
to location by others by reason or the
failure of Dahl and his TO DO
or to have lone the necessary repre-
sentation work thereon for the year 1877.
h ground remained open and subject
70 location until and including March
Il. 1898. on this last named date the
plaintiff herein entered upon the land
covered by the Betsy Dahl lode claim,
but then vacant, and discovered a ledge
or vein of quartz in place with a we'll
defined wall bearing gold, silver and
copper. He ~thereupon made a location
upon the vein or ledge under the name
OF the Combination Quartz Lode claim,
He marked the boundaries of his claim
along the lead aud on either side there
of to the extent OF 1000 feet in length
and not more than 800 feet In width on
either side with posts at the angles and
also one at the point of discovery With
a notice of his claim thereon. THESE
markings could be readily traced upon
the ground. Within 20 days thereafter
he filed in the office Of the county re-
corder his declaratory statement OF MS
claim, containing the name of the loca'
tor. etc. Since said location by the
plaintiff III has remained in possession
OF his claim and been engaged In work
ing IL.
ION the 18th day OF February, 1896
" 49, imam a nnEfiNn nj
the ground embraced within the pound
aries of the Combination lode claim anc
! attempted to make a minera
location thereon under the name OF th'
Boomerang quartz lode claim. u
valid location wss then made by hin
for the reason that the whole Of th'
land so attempted TO be located by hin
{ was then covered by the Combination
lode claim. Also he failed 10 MAKE
l a discovery OF quartz In place bearinl
! gold, silver. copper or any other pre-
4 cious metal or deposit; also he failed e
mark the boundaries as required b!
' law. Within 20 days after the date o
9 his attempted location Of the Boom
! erang lode claim, the defendant filed il
! the office of the county recorder hi
= declaratory statement of his claim, etc
p ION august 25th. 1897, the d~efendan
made application TO the United state
land office at Helena for a patent I
the Boomerang loo claim, so embrac
;. ed within the boundaries of h Com
e bination lode claim, n caused motto
t of application to bs published. With
Z 30 days Of such publication and on OC
n tober 81, 1897, the plaintiff hled In In
5 land office his adverse claim.
From the foregoing facts the cour
: concludes as "A matter Of law tina; III
= plaintiff is now and has been sine
= March Is, 1891, the owner in possessio
= and entitled TO The possession of all IN
land and premises described In the com
plant as the Combination lode lain.
'Seeond-That the defendant has n
interest nor ownership to any PAL
< thereof.
p "Third-That the Boomerang lod
4. claim is In conflict 10 the whole amour
= and area thereof with the CombinatiO