The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-25
IN LITIGATION.
A Law Suit Over u Hundred and Fifty
Acres Claimed as Placer Ground and
Also by the Power Company.

Law Suit Over Hundred and Fifty
Acres Claimed as Placer Ground and
Also by the Power Company.
A piece of ground about $50 acres in
|, extent located on the Big Hole river,
near the site of the dam of the Montana
Power company. is causing great deal
of litigation. 1t was located in May Of
last year by +. r. Dolman and others
as the Big Hole placer The Montana
Power company had counted on using 1t
for part of its dam or reservoir, and 1t is
claimed by the company that they knew
the company needed the ground and
therefore located it. The power company
brought suit in the district court to get
possession of the property. Another suit
was brought by Bedard & Thomas, who
claim the ground as a quartz location,
and yesterday another adverse suit was
instituted in the United States court
In the suit brought in the United States
court yesterday J. S. Cummins. T. i.
Tanning. A. j. Clifford, H. NJ. Billesby,
W. p. Johnston, A. II. Huey and w. Il,
Bramhall are plaintiffs. and T.. r. Dol
man, Carroll G. Dolman and Eugene Car
Yer defendants Cummins is n resident OF
Chicago and the other plaintiffs are ctti-
zens of the state of Minnesota. The M
plant in the case alleges that the plaint-
ifs are the owners of the Canyon placer,
located In the counties of Silver Bow and
Beaverhead, and was located by them on
Dec. q, 1897 on inappropriate public do
main after discovering a placer deposit of
gold and sinking discovery shaft on the
claim to the depth of 10 feet. The def nd
ants, it is alleged. claim some right or
title TO the premises by virtue of a pre-
tended location of the Big Hole placer
on which they applied for a patent on
Nov. -, 1897. The boundaries of the Big
| Hole placer are identical with those of
the Canyon placer, and it is claimed the
defendants have no right or title to the
property, and If permitted to pros cute
Iafr rNp1i ian far q
| and title of the plaintiffs will be entirely
| cut off and destroyed, to their great and
/ irreparable damage, and the court is ask
! ed to decree that they have no right to
/ the ground and that they be forever re-
/ strained from prosecuting their applica-
| ton for patent.
Forbis & Evans are attorneys in the
/ different cases and on the 10th of the
/ present month they also filed protest
/ for the Montana Power company in the
! land office against the issuance of a rat
| ent to Mr.. Dolman and his partners. The
| protest in relating the facts, says that
/ the power company is engaged in cutting
1 timber manufacturing lumber and gem
! Grating electric power by means of dam
/ and reservoir on the Big Hole river near
/ Divide. Immediately upon its ineorpora-
! ton il proceeded TO eXpend large sums
/ of money in securing q site for its reser-
4 voir and has paid out more than 100000
/ in securing the site, water rights and II
/ constructing the dam. The building of
! the dam will necessarily break up and
! cause the waters of the Big Hole TO food
/ the surrounding country for a distance of
! about four miles above the dam, and the
! company has acquired q reservoir site
/ and the right to flood the water up on
! the unappropriated public lands to an ex-
/ tent necessary to maintain the dam. All
! the land included within the boundaries
/ of the Big Hole placer is included within
the reservoir site and will be flooded by
| the waters from the dam.
More than one year prior 10 the time
| the company was incorporated the incor-
| porators had decided upon that particular
| point of the river for the dam and had
| made preliminary surveys for il, and at
| that time the ground was unappropriated.
| None of the ground, it is alleged, is min
eral in character and no part of it is
/ subject to location or purchase as placer,
4 as it does not contain minerals in suffi-
/ cient quantities to justify exploration and
development. and the ground is worthless
/ for mining purposes. No mining has ever
| been done on the ground by any one.
/ The loeators of the Big Hole placer made
/ no discovery of gold or other mineral,
/ and no such discovery could be made
and the location was fraudulent and void.
The location was made well knowing
/ that the incorporators of the power CONF
| pany had determined upon the location
| of the dam site. and that they had al
ready expended large sums of money III
i carrying out the enterprise. The claim
ants of the Big Hole placer frauduiently
procured its location for the purpose
| of compelling the power company to pur-
| chase the ground at whatever price the
claimants might demand and for no 9TH
| err purpose and they well knew that the
| ground was yalueless for any other pur-
| pose than to be used as a reservoir site,
I and they intended to compel the power
/ company to pay an eXorbtant price for
/ the ground. /
/ hereby challenge any laundryman
in Montana 10 wash Ion sheets In a