Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-26
NIPPER AND 0OIN
Claim Owners Are Still Bait
ling Each Other.
THE APEX VEIN QUESTION
Is the One With Which They Have
to Contend--VegetatiOn
Parasites.

The hearing of the order to show cause
in the injunction proceedings commenced
by the Washoe Mining company against
Edward and Michael Hickey and others
a few days ago to prevent further alleged
! encroachment in Odin ground through
! the shaft of the Nipper was resumed in
Judge Lindsay's department this morn
ing. Shortly before court was convened
two miners carrying two pieces OF ore
! weighing between 100 and 200 pounds each
entered the room and deposited their bur-
den on the floor OF the Jury box. The ore
came from the Niper claim and was for
the purpose of giving silent testimony. in
the suit.
George H. Robinson testified as to the
experience he has had as a mining en-
gineer. He SAID he had commenced his
career in Leadville in 1873 and had follow
ed it continuously ever since. lie had
studied the geological formation Of the
vein matter of the mines of Butte and
considered himself qualified to pass an
opinion oil them. By the aid of a map
Of the Nipper, Odin and surrounding
claims, Mr.. Robinson explained the war;
iots surface and underground workings
of the ground in controversy and said it
was his belief that the vein of the Odin
and Nipper had its apex within the lines
of both claims. The line of demarkatiOn
between the vein and granite rock was
very distinct. This he illustrated by an
exhibition of the rock. The large pieces
Of ore, he said, had been taken from the
Nipper at his request for the purpose OF
showing the character of the ore body
at the point of extraction.
The matter will probably consum sew
eral days.
Judge Clancy has transferred the in
junction case Of Catherine Burton against
Sheriff Regain to Judge Lindsay'S de-
partment. The matter involves title to a
portion of the Hesperus' lode claim. Sew
eral matters i'm connection with the Hes
perus lave been heard in department No.
1, and for this reason the attorneys
thought it best to have this one come UP
there; so today they asked for a transfer
and the request was granted. Mrs. Bur-
ton seeks to enjoin the Sheriff from tres
passing on the portion of the claim she
alleges belongs to her.
The state board of horticulture has
supplied each county clerk in the state
with several copies of the list of rules
and regulations governing the duties of
the board in connection with the prose-
cution of it's work and requests that they
be posted in conspicuous places for the
benefit of those engaged in farming. fruit
growing and the nursery business. In
addition to the rules, there is also some
information on the brands of insects and
fungi with which those engaged in the
occupations mentioned are at times COM
PEELED to contend and how they can be
rubbed from the face of the earth. The
hist of insects contains the names of such
we'll known jobbers as the San Jose
scale, oyster shell bark house, woolly
aphis, Goblin moth, Flathead apple tree
borer and the blister mite of the pear.
They are a tough gang with which to
contend, but there is a remedy which the
board claims if properly applied will
choke off their depredations and make
them look cheap.
Then comes the classified Jung which
seems to create almost as much avo
among fruit trees as a Galena street
CRATER does in the finances of a lot OF
mossbacks. The distinct species are the
apple rust, black knot of plums, twis
blight of the pear and leaf blight of the
apple. The board claims that a mixture
of four pounds of copper bluestone, fou1
pounds of fresh lime and so gallons OF
water will kill off all fungi. The dope
must be prepared and applied as follows:
Place 25 gallons of water in a barrel
hang in it the four pounds of bluestone
enclosed in a piece of gunny sack; slack
the lime carefully, then add enough
water to make so gallons; run the lime
milk through a fine wire strainer and min
it with the copper sulphate solution
Spray before the buds open, before the
blossoms open and again after the bios
SONS have fallen.
John E. Moran, county clerk for Silver
Bow, has complied with the instructions
by posting one of the copies in the couri
house and several in other public places
Owen TOobay called at the county at
torney's office at moor today and procured
a complaint charging Clifford McGilvray
with assault in the third degree on him
His face bore evidence of the charge. His
nose was badly peeled and his chin Gu
from the result of a swift kick. To-day
said the assault was the result of a dis
pute over the ownership of a young bull,
dog which belonged to him, but which
McGilvray had appropriated. The dos
accompanied To-day to the county attor.
ney. The complaint was filed in Justice
Smiths office at South Butte.
James Duffy is of the opinion that J
J. Haggerty, Daniel J.. Hennessy ant
. Marcus DAILY are responsible for injuries
he is alleged to have received at the time
the Hale house. on East Broadway, wa:
burned. and has brought an actor
against them in the district court to re
cover Judgment for ST, 450 damages. II
his complaint he says that at the tim'
of the fire, March 81, 1898, he was a cues
at the hotel and occupie Room 100, OF
the third floor; that when he learned tn
house was on fire the flames had pro
, crossed so far that his natural avenue o
escape was cut off and he was compelled
: to drop from a window: hat in dom!
| this he was badly injured, his left shout
der arm and side being permanent.
hurt and his right ear lacerated ant
nearly torn from his head. Besides thes
alleged hurts, he says he also received