The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-10
M. o. P. Company and A. P.
Heinze Were Found Guilty.
FINED AND REPRlMANDE
They Disobsyed the Order OF the Court
in Not Recognizing the Injunction.
Ordered to Jail Until the
F.ne Was Paid

an order of the court was brought up
at sharp corner and given to under
stand that when the supreme court en-
joins mining company from working
certain piece of mining property, the
court expects the injunction to be obey
ed. The proceedings instituted against
the Montana Ore Purchasing company
by the Boston & Montana to prevent
the former from working the leased por-
tion OF the Rarus mine that underlies
the Pennsylvania, eliminated to-day
rather sensationalIy. An officer of the
Montana Ore Purchasing company was
fined $3.50 for contempt of court and the
company itself was fined in the sum of
| S5OO Besides the fine, severe repri-
| mand was administered to several par
ties connected with the company, who
were given to understand that they had
trodden too close to what the court
termed dangerous ground. All furnish
ed as sensational an occurrence as has
been seen in the supreme court in many
| day.
| Yesterday the court commenced hear
| ing evidence upon the motion that was
| presented for the Montana Ore Pur-
| chasing company to show cause why it
should not be punished for contempt of
court in not obeying an injunction to
desist from mining ore from the leased
| portions of the Rarus mine that lie
under the Pennsylvania. Several wit
| nesses were examined by the Boston &
Montana and cross-examined by the at
torneys for the Montana Ore Purchas-
| ing company. To-day Arthur P. Heinze,
an officer of the Montana Ore Purchas-
| ing company; H. l.. Murray, an attor-
ney, and George Wedekind, keep
er, were examined. At the conclusion
! of their examination, the court an
nounced that it adjudged Arthur P.
He1nze guilty of contempt and would
fine him $3.50. The company was also
deemed guilty of the same offense to
the tune Of $500. 1t was ordered that
Mr.. Heinze be committed to the Lewis
and Clarke county Jail until the fine
| was paid and the court had assurance
that work in the disputed portions of
! the mine had ceased
| On account of illness. F. Aug.
Heinze was unable to appear in court
| and action in his case was postponed
The court gave Arthur Heinze until
O'Clock this afternoon to prove that its
orders had heen obeyed as to work
stopping in the disputed portion of the
Rarus. At that time the court met and
| Mr.. Heinze's attorneys. Governor Smith
and j. w. Cotter. assured the court
that reliable messages had just been
received from Butte to the effect that
the men had been ordered out of the
mine and work stopped. A dispute
arose between Governor Smith and At
torney Cotter on one side and Judge
| Dewitt and Orfn Evans on the other,
as to whether the men had actually left
the mine. The governor said he had
the word of John MacGinniss at half
past three that all of the men were
80
| he had advices that there were still 13
men in the mine.
| Mr.. HeinZe. when asked for an eX-
planation. said that at o'clock he had
sent word to Butte not only 20 order
| the men out. but to serve notice upon
! the Great Northern 30 send no more
cars UP to the mine. He said that he
| desired to assure the court that so far
| as it lay in his power. he had done ev-
erything possible to stop work. After
conference the court decided that Mr.
! HeinZe had obeyed the courts orders
| and that he was excused from further
responsibility.
The Boston & Montana attorneys
asked if the fines had been paid. Mr.
Heinze then presented to the clerk $3.50
| in crisp bills. A discussion ensued as
to whether the costs should also be
taxed up. The court decided that the
costs amounting to $3.50 should be de-
| Quoted from the amount of the fine and
the balance turned into the state treas
ury. After announcing that the case
against Mr.. Heinze would be consider
! ed a later date the court adjourned
The following was the order of the
| court made in the case:
Boston & Montana Consolidated Cop
per and Silver Mining company of Mon
tana VS.. the Montana Ore Purchasing
company, the Chile Gold Mining COM
pany and the Johnstown Mining COM
pany. i'll the matter of proceedings
against defendant Montana Ore Pur-
chasing company. Chile Gold Mining
! company, Johnstown Mining company,
Carlos Warfield. F. Augustus Heinze.
Arthur P. Heinze, H. Lowndes Maury,
E. l.. Whitmore, for contempt.
'The hearing in this matter is re-
sumed at 10 O'Clock and further evi-
dence is heard by the court and sub
mitted: Whereupon on considerati tion the
court here does adjudge that the Mon
tana Ore Purchasing company and Ar
thur p. Feipze are guilty of con-
/ tempt Of this court, in that they failed
to obey and violated the order of in
junction made by this court in said
| cause on the second day of March,
! 1899. and that said company and said
/ Arthur p, Heinze are in contempt of
the supreme court of Montana: it is
therefore ordered and adjudged that the
! said Montana Ore Purchasing company
| be and is hereby fined in the sum of
$500 and the said Arthur P. Heinze he
and be is hereby fined in the sum of
$3.50 for said contempt and the said
Arthur P. Heinze be committed to the
custody of the marshal of this court.
there to remain until said fine of $3.50
be paid: and that the directors or trus-
/ tees of the Montana Ore Purchasing
company be committed to the Jail of
Lewis and Clarke county until such
time as it shall appear to this court
that said Montana Ore Purchasing
| company ceases to violate the said in
! junction order; and it is further order
ed that the ,Tohnstown Mining company
| the Chile Gold Mining company. Carlos
| Wartield and II, Lowndes Maury be