The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-15
ANOTHER SUIT STARTED
Some OF the Big Mining Com
panies Involved.
MASCOT PLACER CLAIM
Butte Consolidated Mining Company
Against ths Butte & Boston and
others-An Injunction
Asked.
IT PLACER CLAIM

Another Injunction suit, in which
some Of the big mining companies OF
Butte are involved, was started in the
district court yesterday. The suit Is
entitled the Butte Consolidated Mining
company against the Butte & Boston
Consolidated Mining company, Boston
& Montana Consolidated Copper and
Silver Mining company and 6. M. Hy-
ans, John Doe and Richard Roe. The
complaint, which was filed yesterday.
says the plaintiff is the owner Of the
Mascot placer claim, situated in Sum-
NIT Valley mining district, Silver Bow
county, which placer claim was located
on or about the Sth of February, 1887.
iH was in possession Of the claim, on
the blank day of December, the de-
PENDANTS entered upon and took pos
session Of the claim, against the wish
and consent of the plaintiff. The. de-
PENDANTS have since been engaged in
making excavations upon the claim,
removing the rock and soil and dam
aging and destroying the plaintiffs es-
tate and interest in 1t. The plaintiff
is informed and believes that the de-
PENDANT asserts some right to the
claim, and the complaint says that the
uGIGnuaIl Cldl1lS upUIl 1t dIS GuN
to the rights of the plaintiff and with
out any right whatever The defend
ants also entered upon the claim forci-
bly, and without the knowledge of the
plaintiff, and have continued in and
refused to surrender possession u 1t.
They are threatening to continue from
day to- day to enter upon the claim
and remove the earth, soil and mineral
OF 1t and to trespass upon It, and Will
do SO unless restrained and enjoined
from SO doing, says the complaint.
The plaintiff will have no means of
ascertaining the amount or value Of
the ores, minerals and metals which
will be extracted and removed by the
defendants. and the defendants Will
convert all OF the same to their use.
all to the great and irreparable injury
and damage Of the plaintiff. Also It
will require numerous suits to. deter
mine the amount Of injury and dam.
age which the defendants will do to
the claim, and the value of the ores,
minerals and metals they will take
from It, The complaint further AYERS
that unless the defendants are re-
strained and enjoined from entering Of,
the claim, and making excavations and
carrying on work and mining opera
tons, they will contend that they have
alright SO to do, and will assert that
they are entitled to the premises ana
to continue to carry on mining opera
tons and extract and carry away any
and all valuable ores which they may
find in it by reason OF their possession.
The claims and pretensions Of the de-
PENDANTS are without any foundation
in right, cast cloud upon the plant
iff's title and greatly hinder and ob-
struct it In the enjoyment OF the
claim. In view Of all these allegations,
the plaintiff asks that the court adj
Judge It the owner Of the claim ana
forever debar the defendants from set
ting up adverse title to 1t, and also TO
give the plaintiff possession Of the
claim and grant temporary .injunc-
ton during the trial Of the suit. An
affidavit, sworn to by Q; J. McGonnell.
accompanies the complaint. It says
that the defendants are carrying on
mining opera lions in the claim and
digging and excavatin.g the soil q ana
secure the defendants against damage
from the suit, signed by D. ]. Charles
ana ]. R. Bordeaux, is also filed.