The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

iff owns all the ore bodies belonging
to the claim throughout their entire
| depth. 1t says that heretofore and
while the plaintiff was owner of the
claim and the ore bodies belonging to
! it, the defendants, without the plant
lifs consent and without right and
against the will and wish of the plant
! if, by means of underground workings
made In and from the Anaconda, st.
Lawrence and Never Sweat lode claims
entered into and upon certain portions
of certain veins and ore bodies belong
in" to said claim and to the plaintiff,
and mined and carried away therefrom
ana converted to their own use large
quantities of valuable ore containing
gold, copper and silver, amounting In
all to more than 200, 900 tons, and of
the value OF $2,00O,000, to the damage
of the plaintiff in the sum of $4,000 COO"
1t is alleged that the defendants have
not paid for the ores so taken and are
in debt to the plaintiff in the sum
named. The complaint states that the
surface area of the Copper Trust claim
overlaps portions of the Anaconda and
st. Lawrence claims. There are sew
eral lodes or veins in the Copper Trust
claim that extent east and west across
its east and west end lines They apex
in the claim, and on their downward
dip pass through the south side line
into the Parrot, Rob Roy, Grant
Cuerpo Bazzo, Leggatt and Foster APP
plication, so-called, Gladstone and SO
called Bald Eagle claims, according to
the complaint. The plaintiff claims the
ownership Of these Veins, in an area
covered as to the surface by the Cop
per Trust claim, and bounded by YER
teal planes drawn downward through
the west end line of the st. Lawrence
and the east end line of the Anaconda
claims respectively to their lowest
DEPTHS, and alleges that the defend
ants, by means Of underground work
ings from the shaft Of the St Law
renee, Never Sweat and Anaconda
mines, have entered upon the veins
| and carried away and converted $1,000
600 worth Of ores. The plaintiff also al
| leges defendants are now mining and
extracting ores from the veins UNDER
ground and converting them to their
| own use, and viii continue to do SO I'M
less restrained The plaintiff has nc
| means of determining how much ore
has been, or will be, carried away. The
defendants claim an estate in the Cop
per Trust claim adverse to the plant,
iff The claim is without right. It also
obstructs the plaintiff in the use Of
the claim and casts a cloud on his title.
One action at law will not be sufficient
to settle the plaintiffs title. The de-
PENDANTS will claim that the veins un-
foreground do not apex in the plaintiffs
claims. The veins all have their tops
in the plaintiffs ground and the pllint-
if has a right to follow them to their
greatest depth. .Hs
In view of all this the plaintiff asks
that the defendants be required to set
forth all their adverse claims In one
action that the plaintiff be adjud2ed
owner of the claims and veins de-
scribed and his title quieted; that
temporary restraining order issue m ~
and permanent injunction be granted
at the close of the suit, and that
81, 900. 600 damages be awarded.
An affidavit and an undertaking
were also filed in the case. The aft
davit. sworn to by Thomas Roney
says that the defendants, or one of
them, is mining ana carrying away
ores from these portions of the Veins
having their tops therein which lie be-
tween vertical planes drawn downward
from the surface and extend ing in their
own direction southerly to their inter
section with the portions Of such veins
lying beneath the surface of the ground
to the south Of the Anaconda and ST
Lawrence lode claims, to-wit: One
drawn through the east end line of tie
Anaconda and the other through the
west end line of the st. Lawrence, and
that said defendants are entering upon
said portions of said veins by means
Of underground workings connected
with the Never Sweat, Anaconda and
st. Lawrence mining workings"
In the bond F. Aug. Heinze and john
McGinnis bind themselves in the sum
of 1000 to pay the defendants dam
ages in case the court find for them.