The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-25
BUTTE News.
Al INTERESTING Case
BEFORE JUDGE LINDSAY
mrss Only out OF seventy-Three De-
PENDANTS Remain to Contest the
CAss-The Case Is Now
on Trial

In the suit OF George II. Casey and
others against T. Thiverge and others.
now on trial in Judge Lindsay's depart
ment Of the district court. some inter-
esting features are developed. When
the suit was originally commenced 20
persons were named as defendants. and
now but three remain to contest the
plaintiffs claim. The defendants are
p. N. Murray, f. L. Grandy and f. +.
Dunckel.
Mr.. Dunckel. the locator of the Blue
Dick lode claim. and the other defend
ants are contesting plaintiffs title 10 the
Black placer on the ground that a
quartz vein was known to exist on the
ground at the time OF the location or
the placer by +. NJ Black Attorney
Mcbride. for the plaintiffs. offered IN
evidence a decision of the secretary OF
the interior which held that the ground
was not valuable for quartz mining pur-
poses and determining IL TO be placer
mining property.
In a contest before the and Office
the defendant Dunckel appeared and
the predecessors in interest of Grandy
and Murray were represented. The In
PRODUCTION In evidence of the decision
made by the secretary OF the interior
was strenuously opposed by efendan
counsel on the ground that the patent
fssued for the placer specifically ex-
empted all known lodes. on h other
hand. the attorneys for the plaintiff
contended that II having been tudiciaiiy
determined by the tribunal established
by the government that the existence
of n vein or lode was not known at the
time of the contest before the land
ONCE. the patent for the placer claim
should have, under section 2333 OF the
revised statutes, conveyed all aluab
mineral and other deposits within the
boundaries thereof. and that there Is
no authority TO include In such a pat
ent. In such a case. a reservation OF
vein or lode claims and such a reserNa-
ton, ~ made. is void.
In passing upon the matter the court
said IL clearly appeared that the au-
thorities cited by plaintiffs In support
of their contention had not been assail-
ed In any manner by the defendants.
The decision Of the commission OF the
general land Office and the determine
ton OF the interior department. not
only upon an original presentation OF
the question involved. but also upon
a rehearing. found the fact TO be that
the premises in controversy was placer
mining ground and not valuable Tor
Quartz; that determination was evil
IDENTIFY arrived at after "A full presenta-
ton OF the matter. This court was not
inclined to set aside the conclusion
reached by the properly constituted au.
thorities INC under the decisions reao
believed that such an attempt would be
futile. The objection was then over
ruled.
me courts ruling practically decided
the case in favor of the plaintiffs. After
the ruling had been made the decision
OF the secretary OF the interior was
read and testimony was introduced
showing the value Of the rents and
profits Of the LAM during the time tn
part of the placer in question had beer
in possession OF the defendants. tn,
further trial Of the case viii be resumed
this morning. The property involved
in the case lies in the southern part o.
the city between Silver and Porphyr,
streets and east of Main.