The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-08
UNITED STATES COURT
The Chile Mining Company Files
an Answer.
A GENERAL DENIAL MADE
Has Neither Extracted Any Ore From
he Grounds Of the Boston and
Montana Company Nor
Threatened to Do So.

In the United States court yesterday
was filed the answer Of the defendants
in the Ease of the Boston q Montana
company ". the Chile Gold Mining
company. John MacGuinness Edward
L. whitmore, Carlos warfeld and
Stephen 8. Raymond. The defendants
admit hat the complainant owns the
surface ground Of that portion Of the
Pennsylvania lode claim described. but
denies IL Is the owner of the lode or ore
bodies upon which the defendant n
tered and from which it the
ore in question, and alleges hat the
Montana Ore Purchasing company is
the owner OF these lodes. veins and ore
bodies. II denies hat the Chile Gold
Mining company unlawfully entered
on h premises Of the complainant by
underground workings. or that Il ex-
tracted 10000 o n of ore, worth $76, 200,
premises. or that II has extracted any
ore from said premises or is threaten
ing to do SO. Denies hat the plaintiff
has been damaged in the sum Of SIS, 900
or N sum whatever.
The defendant denies any claim to
the Rarus lode claim. but admits that
IL has an interest in a portion Of the
hs III Nhol IL III
any right whatever by reason of it's
veins apexinG in the Rarus or Ida lode
claims. but admits that II claims the
right to enter on that portion of the
Pennsylvania lode claim described in
the complaint by reason of the fact
a certain veins leased and claimed
by the defendant and in it's possession
have their tops or apices within the
ground owned and claimed as a part of
the YOUNGSTOWN lode claim. although
the same so far departs from a perpen-
dfcular to depart from the ground en-
closed within the exterior line OF the
YOUNGSTOWN lode claim and enter the
premises owned or claimed by the
complainant, to-wit, the Pennsylvania
lode claim.
The defendant alleges that the veins
upon which 1t has been mining within
the Pennsylvania lode claim have their
top or apex within the lines Of the
Johnstown as located and patented for
the entire length of said claim and
running nearly parallel with the side
lines thereof. and that the same pass
on their strike through the end ines
OF said YOUNGSTOWN claim and through
both end lines thereof and run the fun
length of said claim. n that said side
lines are parallel. and further alleges
that the veins upon which II mas
mined within the Pennsylvania LODI
claim have their apex In that portion
of the Johnstown owned by the Nom
tana Ore Purchasing company md
leased by IL to the defendant. and that
their veins can be followed continu-
ously or are on the dip or downward
course from the apex on the Johns
town into the ground claimed by conf
plainant. 1t denies that the vein Is
broken or intersected by faults in such
a manne that the same cannot be
traced or followed or hat by reason
of the fault II has no right to enter
the ground of plaintiff.
Denies that the Johnstown was so
located or situated as to have no end
whatever. Denies that the de-
fendant has no extra lateral rights.
Claims hat 1t has parallel end line
II claims the veins on the right con
veyed by the United States in the
Johnstown's patent n not by virtue
of the Rarus patent. II disclaims any
right by reason Of a divided apex. and
any extra lateral rights by
reason of a divided apex. Denies that
any federal questions are involved. It
that the ore II extracted and
which IL denies belongs to the COM
pIainant, was 1924 tons of the value of
$40, 2S7. ~. The answer is made by
Stapleton and Stapleton. attorneys
for the Chile Gold Mining company.
p. r. l.. whitmore. Earl and War
field and Stephen 8. Raymond also
filed a separate answer. denying that
have taken ore belonging to the