The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-11
BUTTE NEWS.
BEFORE JUDGE LINDSAY
a Decision in the Oden and Nip
per Claims Case.
GRANTED THE PETITION
Defendants Are Permitted to Do Certain
Development Work-Permission to
Lease tho Burke and Balak-
lava Claims Denied.

Judge Lindsay made decision yes
terday in the big mining suit of the
Washoe Copper company against Ed
ward A. Hickey and others, involving
the question of apex of the vein in the
oden and Nipper lode claims, and by
the decision the defendants, who in
fact are the Heinze people, will be per-
United to do certain development work
Tor the purpose of determining the posi-
ton OF the ore bodies. The court made
the following order in the case:
After consideration, the court has
concluded to grant the prayer of the
petition submitted by defendants, ask
Ing that they be permitted to do the
development work mentioned in the
petition, in the premises in contro-
versy, with a view of determining the
rights of the respective litigants in and
70 the vein in dispute in this action.
The court will, however, require that
pefore proceeding Herewith, the de-
iehdants execute to the plaintiff bond
IN the sum of $500 to indemnify the
plaintiff against any loss or damage
IL may surfer by reason of the perform
ance OF said development work. And
the court requests counsel for defend
ants to draft and submit to the court
a suitable order in writing, specifying
NE manner of making such develop
ment work, the proper timbering of the
various drifts, levels, wines and other
openings and the disposition of such
ore ana waste as may be extracted in
the DONG thereof in conformity with
the said petition and the terms and pro-
posals therein contained; and that said
10 1hyt,ff Nh
tlH before presenting the same to the
court for its approval"
Another important decision made YES
terday by Judge Lindsay was in rela-
ton to the petition of the executor of
the James Twohy estate for permission
to lease the Burke and Balaklava min
ing claims to Silas F. King The court
denied the petition in the following or
der made in the matter:
The petition of the executor, filed on
May ~, 1899, requesting that he be
authorized and directed to lease the
Burke and Balaklava lode mining
claims to Silas F. King upon the terms
set forth therein, is by the court de-
MED. The objections of Messrs. Nc
Sherry and Ryan to said petition, filed
June Z, 1899, are by the court sustained,
and the order of the court heretofore
made on April 49, 1899, is continued in
force, and the executor is directed to
execute ITO said McSherry and Ryan a
lease to said premises as by said order
required"
In the matter of the estate of Pat
rick l.. Regain, deceased the final ac-
count of the administrator herein was
ordered settled and allowed by Judge
Lindsay and exceptions and objections
to the allowance thereof made by Kate
Ryan, being by the court overruled. A
6PPrpp =;
rected to be prepared and will be
signed by the court. An attorney fee
in the sum of $3.50. as stipulated by the
administrator and his attorney was
considered reasonable and ordered
paid.
The court called the attention of at
torneys to the fact that frequently ac-
counts of administrators of estates
when submitted were not accompanied
by decree or form of decree for set
Element of the same. The rule of the
court provides that DEGREES shall be
submitted to the court at the time
when the hearing of accounts is had.
Judge Lindsay said he hoped, that
counsel would in future comply with
the rule in question.
In the case of the Butte & Boston
Consolidated Mining company against
the Montana Ore Purchasing company
and Others the bill of exceptions sub
mitted by the plaintiff was by the court
signed. settled, allowed and certified to
be correct.
In the matter of the estate of Andrew
]. Davis, deceased the bill of excep-
tions submitted by counsel for petition
ers Joseph A. Coram and others to the
ruling Of the court denying the petition
for an amended and supplemental de-
cree of distribution, was by Judge
LINDSAY signed sett1e6 and al
correct.
In the matter of the estate of John
O'Donnell, an order authorizing and |
directing the sale of certain real estate
by the administrator was signed. Be- |
fore proceeding with the sale, the ad-
ministrator is required to execute a |
bond of $1,000.
The following cases were set for trial |
yesterday by Judge Lindsay:
June 19-Emily s. Benham VS.. Ann |
Williams; William Shultz VS., A. J. |
schumaker; w. E. Dufresne ct al. VS..
Henry J. Terrence.
June 20-Russell s. Feurtade VS.. Isa- |
dore Pincus; William Phillips VS.. Bos-
ton & Montana Consolidated Conner |
and Silver Mining company; L. E. Scott |
vs.. Tim Harrington ct AL
June 21-Samuel GaskelI VS.. ]. w.
Kemper: John Dunstan vs. Charles |
May; Levi Price VS.. George TT |
Woody.
June 2S-B. j. Fine VS.. A K. Erwin:
S, Hornstein ct al. vs. Jacob Sablotzky: |
F. H. Dewitt VS.. BARRIERS Protective |
union.
June 23-H. c. Slader VS.. Bernard
Shanahan: Frank Kuntz vs. Louis
Zorn; Western Wagon and Grain com
pany VS.. John l.. Leslie ct al.
The case of William Courtnay
against the county of Silver Bow for
81 $50 damages, was compromised yes
terday. The plaintiff and the county
commissioners signed stipulation in
accordance with which judgment was
ordered entered in favor of the plain