The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-29
ORE UNLAWFULLY TAKEN
Is the Charge Brought Against
the Heinzes and Others.
ANOTHER BIG MINING SUIT
Alleged to Have Been Taken From the
Snohomish and Tramway Claims
by the Defendants - Butte
& Boston Plaintiff.

AHoiueb important suit was Drought
in the district court yesterday by the
Butte & Boston Mining company
against the Heinze people. The de-
PENDANTS named are the Montana Ore
Purchasing company, F. Aug. HeinZe,
Arthur P. Heinze, Clara Larkin and F.
Aug. Heinze as administrator of the
James Larkin estate. The suit is for
$4,000, the value of ore alleged to have
been unlawfully taken from the Sno-
homish and Tramway mining claims,
which are owned jointly by the Butte
G. Boston and the two Heinzes. the
allegations Of the complaint come
nearer making an outright charge of
stealing than is usual in such suits.
The complaint recites that the Butte
& Boston is the owner of a half interest
| in the Snohomish and two-thirds in
| terest in the Tramway, and that F.
| Aug. Henze claims to be the owner of
a half of the Snohomish and third
| of the Tramway. Clara Larkin and
| F. Aug. Heinze, as administrator of
| the Larkin estate fraudulently, wrong
| fully and falsely claim to be the own
ers of the interests owned by the plain
| tiff, and their claims are wholly I'M
| founded in fact About the first of
| last March the defendants unlaWfully
entered upon the Snohomish and Tram
| way claims and made extensive under
| ground workings and excavations and
have continued to do so from day to
| day, and have extracted large quanti-
ties of valuable ore from the Snoho-
mish, amounting to 100000 in value,
| and from the Tramway at least 100000
worth. 1t is alleged that there is a
| shaft and dump on both the Snohomish
| and Tramway, but that the ore taken
| out by the defendants has been taken
| through the workings and shaft of the
Rarus, which is the property of the
Montana Ore Purchasing company, and
with the machinery and appliances of
| that company. The ore has been tram
med from the Rarus shaft to the ore
| bins of the Montana Ore Purchasing
company and the ores have been min
gled with other ores of the Montana
| Ore Purchasing company, and have
been converted to the use of the de-
| PENDANTS. The latter, it is alleged,
| have kept no account or assay values
of the ores and they have not depos-
tied the plaintiffs shares or any part
thereof upon the dumps of either the
| Snohomish or Tramway or elsewhere,
| and have always refused and still re-
| fuse to deliver to or to account to the
| plaintiff for its shares, although the
| plaintiff has at all times been willing
and ready to receive it's proportonate
| share and has at all times been ready
and willing to pay its co-tenants, F.
| Aug HeinZe and A. P. HeinZe, its pro-
| portionate shares of actual cost Of min
ing. The plaintiff now offers to re-
ceive it's shares of the ores upon the
| dump of the two claims and to pay
| it's share of the costs and expenses of
| mining. 1t is further alleged that the
| defendants are taking the ore from
the Snohonish and Tramway through
the workings and shaft of the Rarus
and mixing them with other ores for
the purpose of concealing the extrac-
ton of the ores and their values from
| the knowledge of the plaintiff and the
defendants have also excluded the
plaintiff from the workings of the Ra-
rus and threaten to ever so exclude
them. By the acts of the defendants
as complained Of the plaintiff has been
damaged in the sum of $500OO for
which amount judgment is asked. In
! a further and separate cause of action
the same allegations as above are set
FORTH and it is further alleged that I'M
less the defendants are restrained from
continuing the acts complained of the
plaintiff will be obliged to bring a null
| tiplicity of actions to recover dana ges
caused by the wrongful and unlawful
acts of the defendants, and it will be
otherwise irreparably injured. The
court is therefore asked for an injunc-
| ton against the defendants to enjoir
| them perpetually from entering upon
the Snohomish and Tramway and from
taking any more ore, except through
| and by means of the shafts on the
two claims and upon the dumps of the
two claims respectively by the plain
| tiff's co-tenants, F. Aug. Heinze anG
A. p. Heinze, and then only upon de.
livery to the plaintiff by the co-tenants
of its proportionate share of the ores
upon the dumps of the Snohomish and
| Tramway and upon payment by plain.
tiff of its proportionate share of the ac-
tual costs of mining. The court is fur
Their asked to issue a temporary re-
straining order to restrain the defend
ants during the tendency of the action
Judge Lindsay issued the order anG
also made an order to show cause
which was set for hearing some time
next week.
A period of business success usually
| follows the period at the end of sie1