Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-25
Another Large Sum of Money
Demanded BY
THE M. 0. P. COMPANY EFT AL
From the Butte & Boston Company
For Alleged Encroachment
Underground.

The Montana Ore Purchasing company
and the Johnstown Mining company are
plaintiffs in a suit to recover judgment
for $lO0, coo of the money supposed to be
in the keeping of the Butte & Boston
Mining company. The complaint in the
action was filed in the district court by
Attorneys Mediation & Cotter and Clay
berg & Corbett today. 1t alleges the
commission of various overt acts on the
part of the defendant. Among others it
states that plaintiffs are the owners of
the Rarus lode claim, which is subject
to a certain lease held by the Chill Gold
Mining company; that they also oWn a
portion of the Johnstown claim and all
lodes or veins having their apex therein;
that there is a vein or lode containing
valuable metals which has its apex
within the ines of the Rarus, but it de-
parts so far from the end lines in its
downward course as to pass beyond the
vertical south side line of said Rarus and
enter the Michael Dewitt beneath the
surface; that plaintiffs are the owners
of all ores, minerals and metals con-
tanned in the vein throughout its entire
depth within the planes of the said RaruS
claim; that the vein has been explored
in the $50 and 600-foot levels of the Rarus
beneath the surface of the Michael Dewitt
and the 350-foot level of the Snohomish,
or Berkeley level; that the level beneath
the Michael Dewitt consists of two drifts
westerly from what is called the Berkeley
shaft, sunk on the Never Despair claim.
And plaintiffs allege that the ore bodies
exposed in said $50 and 600-foot levels
of the Rarus and the $50 of the Sno-
homish belong to them.
A similar allegation is made in cOnnec-
ton with the Johnstown fraction.
Plaintiffs also claim that the defend
ants have taken 500, 900 worth of ore
from the veins mentioned and ask for
judgment for this amount and an order
restraining the defendant from continu-
ing the work of alleged extraction until
the final determination of the suit. In
compliance with the request in Onnec
ton with the restraining order Judge
Clancy Issued an order directing the de-
PENDANT to appea in court at 9 o'clock
a. m. February II and show cause why
the order should not be made.
Justice NichOl was called upon at his
office last evening to perform two mar
riage ceremonies. The contracting par
ties in the first We're William H. Riley
and Jennie Roth; in the second Charles
w. Brenton and Cora Presleigh, both of
Deer Lodge. Monday evening the JUS
tice officiated at the nuptials of William
Alderman n Mary Alice McGovern.
The clerk of the district court has COM
pleted a statement of the business tran
sacted by his office last year. 1t is as
follows:
Civil cases pending December 81, 1897 79l
Civil cases begun during year 1885,. 722
Civil cases disposed of during 1898. '712
CiVi cases pending December 81, 1898 sol
Criminal cases pending December 81,
1898 .............. AZ
Crimina cases begun by filing infor-
nations, 1893 63
Crimina cases by finding indict-
menus, 1898 49,.
Crimina cases appealed from lower
Habeas corpus proceedings had dur
MS 1870 ....''.. .............. ~
Convictions for felonies during 1898. "a