Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-20
Some Preliminary Work In
kulged In.
PETITION FOR A SURVEY
The Butte & Boston Company Desires
to Learn What the m. o. P.
is Doing.

When the bell in the tower of the court
house tapped 9 this morning Judge Clan
cy and his clerk were at their post of
duty, but the attorneys scheduled to
make the arguments in the big mine vein
suit We're not ON hand. Five minutes
later, however, they arrived and at once
cleared the deck for action. The finish
ing touches on the last details of ar
rangements for the approaching battle
We're adjusted to he pitch that vibrates
betWeen a bass and tenor and charged
with enough magnetism to keep them
moving rapidly during the entire time al
lowed for it by the court. When all was
in readiness John J. Mediation, one of
the plaintiff S legal representatives, asked
leave of the court to amend the complaint
IN the case. The only portion requiring
regeneration was paragraph 4, he said,
the verbiage of which did not dovetail
with other paragraphs as viewed from a
grammatical standpoint. In the para
graph mentioned the plaintiff claimed to
own a small fraction of the northeast
part of the Pennsylvania claim, and it
desired to pluraliZe the allegation with
reference to the ore bodies of this frac-
ton.
- obJCSlCu ~ III pIODOStu
amendment on the ground that it assert
ed title to more than one vein or lode and
sought to quiet plaintiffs title to two
veins besides those Of the Pennsylvania.
By allowing the amendment to be filed.
the defendant alleged, new matter would
be introduced. The plaintiff had men,
toned the Snowbird claim in it's proposed
amendment and the original complaint
had contained no mention of the Snow
bird. If the latter had been in contro-
Versy preparations for the trial would
have been different. When the plaintiff
brought the suit it claimed certain veins
within prescribed bounds, and if it should
be allowed to divide it's cause of action
at this time it might create the necessity
for a multiplicity of suits.
Messrs. Scallon and Forbis spoke in
opposition to the proposed amendment.
saying among other things that if the
motion prevailed it would be unfair and
unjust to the defendant and they did not
believe the court would grant it.
But the judge looked at it differently
and after Mr.. Mediation had again ad-
dressed him on the proposition hi said
it was his duty to allow the amended
complaint to be filed.
The defendant asked permission to do
certain development work in connection
with the Snowbird claim for the purpose
of showing up the veins of the property.
put the request was denied.
An answer to the amendment was then
filed and the plaintiff asked for and was
granted time in which to reply, the judge
ordering an adjournment until 1 o'clock.
When court convened this afternoon
the two sides were not long in finishing
up their preliminary work and COM
mencing the argument on the main issue.
John W. Cotter opene for the plaintiff
and was followed by Thomas NJ. Patter-
son for the defense.
W. r. Webb. one of the six druggists
recently charged with having sold LIQUOR
in retail quantities without first having
taken out a license, pleaded not guilty
in Justice Nichols court today. He will
be tried next week.
]. r. Reed, the liveryman, was given
Judgment for $145 against the city in JUS
tice Nichols court today. On August
rs one of the plaintiffs hackmen mel with
an accident in the alley at the rear of
the city hall. and its cause was attributed
to the negligence of the city. An exca-
walton had been made in the alley and on
the night of the date stated the hack
man drove his hack partly through the
~thoroughfare. He would nave gone clear
through. but the excavation stopped the
horses and his wagon SO badly that the
latter was wrecked. 1t was shown at
the trial that there was no light or dam
ger signal to warn belated drivers of
the danger. and judgment against the
city was rendered accordingly.
The Butte & Boston Mining company
petitioned the district court today for
ar order to inspect and survey the work.
ings of the Rock Island and Cora lode
claims. owned by the Montana Ore Pur-
chasing company, for the purpose of as
pertaining if the latter is encroaching
upon the ore bodies of adjoining proper
ties belonging to the plaintiff. particu- !;
larry the Josephine, Wild Bill. Silver
Queen and Sister. The title of the action
is the Butte & Boston Company VS.. the
Montana Ore Purchasing Company. F. A.
Heinze, A. p. Heinze n John MacGin-
mis-.
Silas r. King, James A. Murray and
Marcus DAILY filed a suit in the district
court today against James H. Maloney,
George A.. Cobban, Alfred E.. briggs and
c. P. brennan to recover judgment for
81, 060, the value of ore alleged to have
been extracted from the Silver King mine
by the defendants. Plaintiffs also ask
the court to restrain the defendants from
further alleged entertainments, and an
order to show cause why it should not
be done has been served Upon them.
Judge Lindsay Will hold court in Judge
Clancy's department tomorrow, conven-
Ing the first session at 10 O'Clock. The
will be as follows:
AT 10 A. NJ.
Elizabeth R.. Maurer VS.. Peter Maurer,
plaintiffs proofs.
AT . p. NJ.
Thomas Minors, petition for letters.
Albert J. Lee, settlement of account
md distribution.
Julius yiehorg. p~etition for letters.
Kate Toomey, petition for letters.