The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-13
MORE MINING LITIGATION
The Butte g. Boston Brings Suit
Against the M. o. P.
REGARDING THE TRAMWAY
Permission Is Denied to Enter the Min
ME Healy and Examine the Work
ings-Alleged Trespassing on
the Oden Lode.

The Butte & Boston Mining company
yesterday commenced an action in the
district court against Miles Finlen, the
Montana Ore Purchasing company, +.
Aug. Heinze and Arthur p Heinze, and
petitioned the court for permission to
enter the workings of the Minnie Healy
mine and make surveys to determine
the extent of alleged trespasses which
the defendants are believd to be COM
hitting in the Tramway ground. The
petition in the case alleges that the
Butte & Boston is the owner of the
Tramway, which adjoins the Minnie
Healy on the north. The defendants
are in possession of the latter mine and
claim some interest in it. 1t is claimed
to be necessary, in order ITO ascertain
whether or not the defendants are min
ing and extracting ore from within the
Tramway lode, or from the veins and
ore bodies having their apexts in the
Tramway ground, that the plaintiff be
permitted to examine and survey the
Minnie Healy workings. A request for
permission to do so was made on the
defendants and refused by them. The
court is therefore asked to cite the de-
PENDANTS into court to show cause why
the request for an order of survey
should not be granted and the petition
er permitted to send surveyors, not to
exceed five in number, into the defend
ants ground for the purpose of making
such examinations and surveys.
The Washoe Copper company yester
day commenced an action in the district
court against Edward Hickey Michael
A. Hickey, John M. Steward, F. Angus
tus Heinze and Arthur P. Heinze to en-
SNir tl1,, trac aScir on of.ti ion,
of the Oden lode and to have the plain
tiff's right to the veins established. The
complaint in the case alleges that the
plaintiff is the owner of the ground in
controversy and is entitled to the pos
session of all the veins and ore deposits
having their apexes within the bound
AIRY lines of the claim. 1t is alleged
that the defendants have entered upon
the ground and have ousted the plain
tiff from it's possession and have eX-
tracted large quantities of ore. which
they are converting to their own use.
The court is asked to put the plaintiff
in possession again and to perpetually
enjoin the defendants from continuing
the acts complained of.
A mining case in which C. E. Dutton
is plaintiff and George A. Cobban,
Joseph Ivey and William Ellsworth are
defendants, was tried before Judge
Lindsay yesterday sitting without a
jury, and was taken under Amusement.
Dutton owns lots and 3, block 2,
of the Rice addition, and Cobban owns
some lots on the other side of the street,
and gave lease to Ivey and Ellsworth
TO mine the property, and they have
been taking out ore through the whole
width of the street Dutton claims that
he has title to the ore under half the
street and sues for an injunction and
$500 damages.
The Anaconda Copper Mining compa-
ny, by it's attorney Decay Stivers, yes
terday brought suit against J. S. Sim
mons for $22594, claimed to be due for
hardware furnished between March 20
and May 49, 1898.