Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-29
Another Chapter In the Penn
Sylvania Controversy.
SIX HUNDRED THOUSAND
Boston & Montana Wants Montana
Ore Purchasing Company
to Pay.

another chapter was added today to
the legal complications existing between
the Boston & Montana Mining mpan
n the Montana Ore Purchasing COM
pany. 1t is in the nature of a suit
brought by the former against the latter
to recover Judgment for 5000, 900 worth of
ore alleged to have been extracted by
the plaintiff from the Pennsylvania lode
claim, which in the complaint was de-
scribed by metes and bounds In the
complaint the plaintiff says that on the
LIST of April, 1895, the defendant unlaw-
fully entered the underground workings
Of the property and extracted $50, GOO
tons of ore of a reasonable value of
$500, 0O0, continuing the work up to April
8, 1898.
Up to a late hour today nothing new
relative to the Pennsylvania vein con-
troVersy and the decision of Judge
Clancy yesterday giving the Montana
Ore Purchasing company the extra lat
eral rights for which it asked in it's suit
against the Boston & Montana company.
had appeared on the horizon, but it was
rumored that the defendant had COM
menced preparations for another inning,
There is one thing hat mystifies the
plaintiff somewhat. Yesterday c. S.
Batterman, assistant general manager
for the defendant offered in
behalf of the defendant, a reward of
1880 for the arrest and conviction of
any person or corporation caught taxi
ing ore from the Pennsylvania mine.
Mr.. Scallon, one of the attorneys for the
defendant, has given an explanation of
the offer. He says that notwithstanding
the existence of an injunction and re-
strainins order persons have been enter
ing the property at various points and
taking the ore, and the company desires
to stop it.
In the findings of fact comprising a
portion of Judge Clancy's decision con-
corning the right of the Montana Ore
Purchasing company to that part of the
Pennsylvania within certain lines, there
are some very important points, and on
these points the defendant put up a
strong opposition at the trial of the
cause. Referring to the north connect
ing vein. the court says:
THAT said Vein on it's course passes
through the north side line of the Johns
town lode claim nea the northwest
corner of said claim, and is the only vein
which has it's apex in he Johnstown
lode claim or in the plaintiffs parcel of
ground which does pass on it's course
through the north side line of the
JohnstoWn claim: that said vein con-
meets with a vein which has it's apex in
the Johnstown claim and in that parcel
VI SfoullQ owned DN the pialntlff and
which passes on its course or strike
through both end lines of the Johnstown
lode claims: that said north connecting
vein does not pass through said latter |
vein and it has no individuality beyond
the point of its connection with the vein
aforesaid"
If the court had not found that this :
vein passed through both end ines of
the JohnstoWn, the plaintiff would not
have been considered entitled to the
extra-latteral rights of the south end.
Under fact No. 5 appears the follow !
ing. which is another point that created
considerable contention:
THAT there are certain portions of the
veins which V their tops or apiceS in
the Johnstown lode claim and in the
plaintiff S parcel of ground, and which
enter the Johnstown claim on their
strike or course through the west end
line, which pass through the south side
line OF said Youngstown claim at points
easterly from where a line drawn
through the east end line of the Penn
sylvania lode claim and extended to the
north in its own direction would inter- ,
sect said south side line of the Johns
town lode claim, and that a line dra wn
parallel with the end lines of the Johns
lode claim through the point on
the south side line of said claim where
the most southerly and westerly portion
of said veins pass on it's course trough
south side line would lie easterly of
the Pennsylvania east end line and of a
of that line northerly to an
intersection with the said Johnstown !
side line, and that the tops or apices of