The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-02
Al INJUNCTION GRANTED
Il Was Asked For by the Colusa-
Parrot Mining Company.
JUDGE KNOWLES DECISION
He Said an Expert Couid Make q Min
sr0lized Zone Almost Anywhere.
United States Court Ad-
tourned for the Term.

Judge Knowles yesterday granted
she injunction asked by the Colusa-
Parrot Mining and Smelling company
against the Anaconda Copper Mining
company to prevent the latter from
following a vein in the Never Sweat
ground down into Colusa-Parrot ground.
When court convened yesterday morn
ing the stenographer read from his
notes OF the preceding day portions of
the testimony OF Donald Il. ellis. At
torney Thomas argued for the defend
ants. The testimony, he said, comedies
the existence of two veins, one apexing
in the Colusa-Parrot and the other out
side of that property with a possibility
of their union below. Mr.. Corbett, for
the plaintiffs. said that there is a con-
fiict of testimony relative to the union
of the veins. but in any event the de-
PENDANTS, he asserted, are t~.espassers.
Judge Knowles aid he suspected that
this is another of the mineralizSd zone
cases. He thought an injunction ought
TO issue in both cases. These experts,
he said. can make a mineralized zone
almost anywhere. i have already passed
on the mineralized tone matter. I
think. however. that I'll grant the in
junction. and l am inclined to think i
ought to enjoin the other people, too"
Mr.. Corbett said that that matter is
not up yet and hat they have not been
taking out ore.
The injunction was drawn up and
signed yesterday afternoon. After re-
citing the application Of the complain
AMI and the hearing OF the testimony,
the order says: Now, therefore. in
consideration OF the premises and in ac-
cordance with the law n the rules
and practice of said court. IL Is hereby
ordered. aujudged and decreed that an
injunction pending the final determine
ton of this suit. pursuant to the prayer
of ~complainant's bill herein. strictly
commanding m enjoining the said de-
PENDANT. the Anaconda Copper Mining
company, its clerks. agents. servants.
workmen and attorneys under the pains
and penalties which may fall upon
them, and each of them. in case of dis
obedience. that they forthwith and until
the further order. Judgment and decree
of this court. desist from carrying on
mining operations n mining n ex-
tracing ore from any part or parts OF
the mining ground mentioned in the
compliments bill. to-wit: The Colusa-
Parrot. Parks-Parrot n the west end
of the Micawber quartz lode mining
claims. n from carrying on mining
operations and from mining or extract
ing ore from any place or places within
the surface lines. projected vertically
downward of the aid Colusa-Parrot,
Parks-Parrot and the west end OF the
Micawber quartz lode mining claims.
1T Is further ordered that such in
junction issue upon the giving of n
bond to be approved by the clerk of a
court, said bond to be conditioned ac-
cording to law and be in the sum OF
800, 600"
Al the request of the defendant the
following modification to the injunction
was made:
1T is now ordered that the defendant
have leave. Notwithstanding the said
injunction heretofore issued. To extend
toward the west. the drifts or levels
heretofore made by the defendant in
side of the previously described in COM
plainant's complaint, that Is To say.
the 1000. 1.100. 100. 1900 and 1.4oo-foot
levels of the defendant: subject, how
ever, to the following provisions, to-
wit: That said levels or drifts be made
only one set wide, that Is TO say, 1--WE feet
and four inches in width from center
to center of the posts. and eight feet
high to the top of the timbers, and that
only so much ground shall be broken as
shall reasonably be necessary to allow
timbers of the sizes above mentioned to
be put I'm position in such levels: h a
on the l,000-foot level only one drift or
level h be run and two on the LOO.
ON the 1900. 1900 and 1.400 evels the
double levels may be extended and the
defendant shall not do any work within
% feet Of the compliments shaft. That
ores extracted I'm running these levels
shall be carefully estimated and meas
ured for quantity and sampled by the
defendant, and shall be allowed to he
measured and sampled On the part of
the complainant by any person or per-
son sent by IL for that purpose, and
after having been measured and sam
pied the ores may be shipped for treat
ment by the defendants to its smelters
at Anaconda and the defendant shall
DE held accountable for such ores"
Judge Knowles. after attending to this
matter. adjourned court for the term.