Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-22

chambers last evning and dissolved the
order issued by him on Wednesday re-
strainin3 and enjoining the Anaconda
Mining company from working certain
portions of the Copper Trust mining
claim, which, it is alleged, overlaps part
OF the st. Lawrence and Anaconda loca-
lions.
The signing Of the restraining order
was one of the adjuncts to the suit insti-
tuted by Burdette O'Connor against the
Anaconda company for So, 900, coo, the VAL
ue OF ore alleged to have been stolen by
the Anaconda from veins having their
apex within the lines of tine Copper Trust
lode claim, and it's undoing was the re-
suit OF the elouuence of ex-Congressman
w. W. Dixon and Attorney J.. X. McDon-
aid, who presented a motion for the dis
solution.
The attorneys for the other side had
not been notified that the move would be
made and We're not on land when the
matter came up; consequently there was
The motion contained the following
seven clauses:
"First-That the description of the
premises in controversy in said action is
so indefinite and uncertain that it cannot
be determined therefrom where the same
are located.
"~Second-That it does not appear from
said complaint or from the affidavit filed
Herewith that irreparable injury would
result by the delay of giving notice of the
said restraining order.
"Third-That the effect Of said re-
straining order in prohibiting said de-
PENDANT from entering upon the ground
described in said restraining order is to
deprive said defendant of the possession
of its property without due process of
law. and that the same was not necessary
for the protection of any alleged rights of
the plaintiff.
"Fourth-That the ground of which said
defendant is deprived of it's possession
and from mining and extracting ore is
patented ground.
"Fifth-That said restraining order
does not allow a defendant a hearing
thereon until the lapse of 80 Jays after
the issuance thereof. and hat thereby
the same exceeds the proper functions Of
a restraining order.
'..Sixtil-That the result of said restrain
ing order is to stop the mining operations
in a large number of the workings in the
Anaconda, st. Lawrence and Never Sweat
claims, and claims lying to the south
thereof, and to throw out of employment
atWeen 400 and 500 men employed in said
mines; and, Furthermore, if said restrain
ing order is continued in force until the
10Th day of January, 1900, it may have
the effect of supellding the entire mining
and smelling operations of said defend
"ser.e1:th-That the said restraining
order is not authorized by either the al
legations Of said complaint or the prayer
for relief therein, or by the affidavit of
Inolnas Rooney, Upon which the restrain
ing order was issued herein, and tina said
order is broader than authorized by the
showing made or by said prayer for re-
+ lief
1t was accompanied by two a~fidavits
made by john Gillie and August Chris
~, =, IL I'll @ota {a1 ;1= III.
that he had read the complaint of O'Con-
nor and found the description of the Cop
per Trust so indefinite and uncertain that
he could not exactly determine where it
was situated. A tracing attached to the
| motion showed the Anaconda and st.
Lawrence claims, and to his knowledge
every part of the ground covered by the
restraining order was patented and not
subject to location; that the only portion
of the Copper Trust not included in the
patents of other claims was a 9x1O piece
of ground, which was in dispute and
claimed by persons other than owners of
the Copper Trust.
Christian stated that he was employed
by the defendant as a mining engineer,
and unless the order was dissolved 400 or
500 men employed in the Anaconda and
st. Lawrence would be thrown out OF
work: and if it was continued in force
! until the goth of January. the date for
hearing 1t. the entire mining and smelt-
ing operations Of the Anaconda ompany
might be SUSPENDED.
The order to show cause why the re-
! straining order should not be made per
manent still stands and will be heard on
the Goth of January.
SUNDAY SCHOOL ENTERTAINMENT.