The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-03
IN THE DISTRICT COURT
Developments in the Oden-Nipper
Mining Case.
MODIFICATION ASKED FOR
Defendants Desire to Do Some Explor-
alton Work in Order to Sub
stantiate Their Asser-
tions.

The OdenNipper mining case be-
| tween the Washoe Copper company
and the Heinze people is growing in
Importance and interest. The defend
ants in the case yesterday filed in court
petition asking for a modification of
| the restraining and injunction orders
| issued by Judge Lindsay SO as to per-
NIT them to do a lot of exploration
work, and in their petition allege that
they want to demonstrate, among other
things, that the vein in the Never
| Sweat mine is the same which has it's
apex in the Nipper lode claim of which
| the Heinzes, or Edward Hickey and
| others who are named as defendants,
have large interest The court is
| asked to modify the injunction order
| SO as not to prevent the defendants
from using all underground openings
beneath the surface of the Oden claim
| made by the defendants and connect
ing with the shaft on the Nipper claim,
| or enjoining them from passing through
and tramming through the workings
| and conveying materials from the Nip
per shaft. They also asked permission
to drive a drift easterly and westerly
from the main Nipper Wine under the
surface of the Oden, being the winze
extended downward from the 500 foot
| level to, and to make raises therefrom.
one to connect with the 700 foot level
| of the Never Sweat east of the Winze
and another to connect with the 500
| foot Nipper level west of the winze
! They also want the privilege to drive
| drifts east and west from the Wine
| at the 800 and to make a raise to con-
meet with the 700, for the purpose of
developing the strike, dip and contin-
| uity of the vein. They also ask per-
| mission to sink the Wine 200 feet deep
| er than the present bottom and run
| drifts east and west at the elevation of
| the 1000 foot level for the purpc Sc of
! developing the strike, dip and contin
| uity of the vein, and to use the open
ings made in connection with the other
| underground workings beneath the
Oden claim made by the defendants for
the purpose of conveying material to
the Nipper shaft. The work specified
in the petition for a modification of the
injunction order, it is alleged, is neces-
sary development work in order to de-
Velop the facts with reference to the
strike, dip and continuity of the ore
bodies and veins in question. 1t is
claimed to be particularly necessary to
run the drifts west from the Nipper
winze for the purpose of developing
the strike Oh lHe VEN OlSclOSeu on lUt
500 foot level in it's course toward the
west end line of the Nipper claim, and
it is necessary to sink the Wine 200
feet for the purpose of demonstrating
that the vein disclosed in the present
500 foot level of the Nipper, beneath the
surface of the Oden, is the same vein
| which is found on the 1900 of the Never
+ Sweat level. 1T is also necessary to run
the drifts east from the Wine for the
purpose of developing the vein dis
closed on the 500 foot level and estab-
fishing at the trial that the vein is
continuous from its apex in the NiDper
claim down to the 1900 foot level of the
Never Sweat workings. The defend
ants claim that unless they are rer-
mitted to do the work specified they
cannot properly present the facts upon
the trial of the case, and that ques-
tons will arise between the parties
with reference to the strike and dip of
the vein and ore bodies in controversy
which cannot be absolutely shown on
the trial of the case, and the plaintiff
WILL Notwithstanding the defendants
may establish their right to the vein at
present disclosed on the 500 foot level,
thereafter dispute that the ore bodies
lying below belong to that vein, and
will contend that it is not continuous
in strike or dip and that the defend
ants are not entitled to such ore bodies.
| The defendants therefore aver that un-
less permission is granted to do the
work specified before the trial of the
case that the trial of the action will not
settle the controversy with reference to
the ore bodies claimed by the defend
ants to belong to and having their apex
in the Nipper lode, claim, but that the
plaintiff will hereafter bring another
action or actions against them and in
Volve them in a multiplicity of suits.
1t is further claimed that the amount
r. RI col
ly establish the strike and continuity
of the vein is very large, and will re
quire a considerable time for its COM
pletion. and unless the defendants pc
tition Is granted they will be hindered
and prevented from properly protecting
and enjoying their rights. They offer,
If the permission is granted, to store
all the ore which may be extracted in
doing the work from within the lines
of the Oden claim. either in some safe
place in the workings or to hoist 1t
through the Nipper shaft and deposit
it on the surface to await the deter
minat ton of the suit without any eX-
pense to the plaintiff, and to allow the
plaintiff at all reasonable times access
to all the workings beneath the Oden
surface to inspect all work that may
be done therein.
In answer to the order to show cause
in the case of Mary Foster against
Robert L. Foster the defendant yester-
day filed his answer admitting that
the plaintiff obtained decree of d-
vorce and an order for $50 a month ali
mony. He denies. however, that he is
earning $3.50 a day and says he gets
only $3.50 and has not complied with
the order of the court for the reason
that he has been unable to do so.
A decree of foreclosure of a mort
gage in a case of Charles J. Pruett
against Ann NJ. Westlake and others
was signed by Judge Clancy yesterday.
The judgment in the case is for So, $3.50
and $292.SS for counsel fees, and the
property mortgaged is lots 10, 20, 81
and o. block 16, of the Leggat & Fos-
ter addition.
The following matters are on Judge
Lindsay's calendar for hearing to-day:
At 10 a. m.-James A. Murray ct al.