The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-13
BUTTE NEWS.
He MOD|F les THE ORDER
Judge Clancy Says the B. d M.
May Enter Disputed Grond.
PENDING THE HEARING
Under This Ruling the Defendants Re-
ceive Permission to Go Into the
Rarus, Johnstown Michael De-
witt and Pennsylvania.

After the Boston & Montana attor-
neys had worked for several weeks to
get a modification of an injunction OBJ
tanned by the Montana Ore Purchasing
company, by which the Boston G. Mon
tana company was stopped from doing
necessary development work in prepar-
ing for the trial of the Pennsylvania
case, which is set for July "a, Judge
Clancy yesterday afternoon practically
granted all that was asked for without
hearing on the matter. The attor-
neys tried to agree on a stipulation,
but after several conferences and adj
journments it was found that they
could not quite agree. The stipulation
drawn up by Mr.. Corbett for the plant
iff provided that the defendants wit
nesses could examine only a portion Of
the workings Of the ground in dispute
and Judge Dewitt said they would re-
quire permission to go all through the
mines. Mr.. Corbett said he had agreed
to everything that had been asked for
and that his patience was exhausted;
he would do nothing more.
Judge Dewitt then said he was ready
70 proceed with the hearing, but the
court did not want to take it up until
this morning. Judge Dewitt thereupon
asked for modification of the injunc-
ton order, so that the defendants could
enter upon the disputed ground pend
ing hearing, and without another word
the court made the order, to take effect
Immediately, allowing the defendants
to enter the Rarus. Johnstown, Michael
Dewitt and Pennsylvania mines.
Il expect it is now the intention of
the gentlemen to go out to the mines
and demand admission, which will be
refused, and then have us all up for
contempt" said Mr.. Corbett.
Judge Dewitt said he would serve
copies of the courts order on the par
ties in charge of the properties and
that no demand for admission would
be made until this morning.
The Boston & Montana attorneys
filed motion, supported by aftidavits,
asking for nostponementr of the case,
which is set for trial on the Gath, be-
cause of the injunction. which pre-
vented them from making their prep
arations for the trial.
c. S. Batterman. assistant superin-
tendent of the Boston & Montana, made
an affidavit as to the necessity of doing
certain development work necessary to
pare for the trial of the case, which is
set for trial July "a. The work neces-
sary is for the purpose of developing
two veins situated just south of the
north side line of the Pennsylvania and
having their apexes in that claim. The
work includes two shafts from the sur
face of the claim sinking from the 30
of the Michael Dewitt, but within the
lines of the Pennsylvania. By the in
junction which was issued on June rs
a large part of the development work
was stopped and the defendants cannot
complete the work in time for the trial,
and a further postponement of the trial
will be necessary in order to complete
the development work, even If permits
sion to resume work is granted now.
Lee Hayes, a mining engineer in the
employ of the Boston & Montana and
Butte e. Boston, made an affidavit in
which he set forth that he has the di-
rection of the development work in con-
nection with the litigation and that It
is necessary for the purpose of prepar-
ing for the trial that the defendants
should be allowed to continue sinking
the winze from the south end of the
extreme west crosscut on the 210-foot
level of the Michael Dewitt; to raise
from the end of the crosScut extended
in northeasterly direction from the
first level of the Pennsylvania mine,
and drift eaBterly from the crosscut
and westerly from the winze to make
a connection between the two; to con-
tinue the crosscut north and east 10
the Pennsylvania north side line. All
these workings are within the vertical
lines of the Pennsylvania, owned by
the defendants. Mr.. Hayes also said it
was necessary to continue a lot of de-
velopment work in the Michael Dewitt.
The motion for postponement of the
trial will he heard next Tuesday.