The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-02
FLOODING THEIR MINES
That Is the Charge the B. &B.
Brings Against the M. OPP.
INJUNCTION ASKED FOR
Plaintiff Asserts That the Defendant I'm
lawfully and Maliciously Conducts
Its Water Into the Gam
beta and Picolo,

=
The Boston & Montana Mining COM
pahy, IN suit commenced in the dis
| trlct court yesterday, charges F. Aug.
Heinze and the Montana Ore Purchas-
ing company with wilfully and ma
l1clously flooding the Gambetta and
Flcolo mines, which are being operated
by the Boston & Montana company,
through the Leonard shaft, and it is
claimed that the property has already
been damaged to the extent of $20,O0O
for which amount judgment is demand
ed against the defendants. An injunc-
ton is also asked for to prevent the
defendants from continuing the acts
complained of. and Judge Lindsay is
sued temporary restraining order and
an order to show cause why an injunc-
ton should not be granted, and made
it returnable on Nov. 25.
The suit is brought not only against
Mr. HeinZe and the Montana Ore Pur-
chasing company, but also against Ar
thur p. Heinze, John Maginnis the
JohnstoWn Mining company, the Chill
Gold Mining company, George H. Rob-
inson, D. B. Vincent, Nicholas Treloar
and the Butte Mining company.
The complaint in the case alleges that
the Plcolo and Gambetta mines are be-
ing operated by the Boston & Montana
company through the Leonard shaft,
and that the south side line of the
P1colo forms the northern boundary
line of the Minnie Healey. The plaintiff
company is operating the Picolo and
Gambetta on a large scale and has
opened and developed it to a depth of
f.ttH tlon 1,,iN
employed large force of men. The
defendants are possessed of and are
operating the Rarus mine. which is sit
uated about 1,400 feet southwest of the
Gambetta, and is developed to a depth
of 900 feet, and in the working of the
mine large quantities of surface and
other waters accumulate in the work.
ings. Prior to Oct. 30 the defendants
pumped the water from the mine to the
surface of the shaft, but on that date
they wrongfully and unlawfully con-
structed and laid a pipe from the 800
foot level of the Rarus through the
workings of the mine northerly through
the Johnstown and through the Tram
way into the Minnie Healey and since
that time they have been carrying and
conducting the water in that direction
and discharging it into the Minnie
Healey to the amount of at least 100
| gallons minute. 1t is alleged that
| heretofore the Montana Ore Purchas-
ing company has also operated the
Minnie Healey and has run various
ieVels and workings. all constructed so
as TO drain the waters of the mine into
the shaft near the northern boundary
or the claim and near the mining
ground of the plaintiff and that they
worked that ground wrongfully, and
without the consent of the plaintiff
entered into the Gambetta and Picoo
and constructed a cross-cut from the
Minnie Healey shaft. distance Of
ABOUT 100 feet on a downward grade
so that the waters from the Minnie
Healey We're drained into the ground of
the plaintiff.
Through the natural percolation of
the water from the mine it would not
enter the workings of the Ganlbetta
and the Picolo, but by the unlawful
construction of the cross-cut the de-
PENDANTS caused the water to run into
the premises of the plaintiff Since the
18th of October the water has been
drained into the plaintiffs two mines,
ana the defendants wrongfully, unlaw-
fully and malciously constructed and
laid the pipe line from the Rarus. a
distance of 1000 feet, for the purpose
OF draining and emptying the waters of
the Rarus into the Minnie Healey also
and from there into the property of the
plaintiff, and by their wrongful unlaw-
F.! full and malicious acts, by means of the
pipe line, have caused large quantities
of water to flow into the plaintiffs
mines and the ground and opening are
becoming flooded thereby preventing
the plaintiff from working the proper
ty below the 700-foot level
1t is alleged that the flooding has
caused the ground in the levels to cave
| ana close to the great and irreparab BILE
damage of the plaintiff 1t is further
alleged that the water and the caving
II Is causing is endangering the lives
OF the miners and large ore bodies are
pelng made inaccessible
Because of the defendants wrongful
anu malicious acts the plaintiff has al
ready suffered damage in the sum Of
szo,ooo, for which amount Judgment is
ASKED IN addition to the Injunction.
win the complaint were filed .wo
a1ldavlts made by Lee Hayes, a min
ing englneer in the employ of the
man of the Leonard mine The lat
ter says that in spite of ali endeavors
10 Keep the mine clear Of water the
shaft, which has been sunk to depth
OF l,o9O feet, and the workings have
been Hooded and filled with water to
point anout TOUR feet below the top
OF the roof of the 1000 foot level and
he says that if the water is allowed %
continue flowing into the mine Inc
workings will soon cave in ano close
Mr.. Hayes says in his affidayit that
on the 31st of October he went ir,to
the Rarus mine and found that rhs.
defendants had constructed pipa line
on the 800 level of the Rarus through
the Johnstown, Tramway and into the
Minnie Healey, and were carrying ali
their water in that direction. He saws
that prior to the construction of the
pipe line for a period OF more than
two years the defendants raised all
their water through the Rarus shaft 10
the surface. Forbis and Evans rep
| resent the plaintiff III the case.