The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-04
THE ORDER IS MODIFIED.
M. o. P. Company Permitted to
Work the Johnstown.
BUT UNDER CONDITIONS
None of the Ore Can Be Taken From
the Property-Judge Knowles Re-
versed in the Helena Water
works Case.
Special Dispatch TO the Standard.


Helena May 3-The supreme court
to-day granted the counsel for the de-
PENDANTS in the injunction suit of the
Boston & Montana VS.. the Montana
Ore Purchasing company. the Chile
Gold Mining company and the Johns
town Mining company, the modification
of the injunction asked for yesterday
to permit them to carry on development
work in certain portions of the Johns
town mine that under1ie the Pennsyl-
vana, for the purpose of securing evil
dence for one of the numerous suits
pending between the Boston & Montana
and the Montana Ore Purchasing COM
pany. The court prescribes the portions
that can be worked, but requires that
none of the ore extracted be removed
from the property. The modified in
junction reads:
TT is ordered that the said injunc-
ton be and the same is hereby modi-
hed so as to permit the said Montana
Ore Purchasing company and Johns
town Mining company to enter into the
Pennsylvania lode claim, described in
said injunction, and to do the follow
ing development work connected with
made in said claim by the said Mon
tana Ore Purchasing company, to-wt:
To make a raise from the 700 to the 600
foot level on the hanging wall vein or
ore streak west of the east transverse
fissure: to make a raise from the 600
to the 50O-foot level of the west trans
verse fissure; to make a raise from the
500 to the 450-foot level west of the
west transverse tissure; to make a
crosscut south on the 600-foot level
east of the east transverse fissure; to
the fiat vein or ore body: and to make
a crosScut south on the 700-foOt level
east of the transverse assure to the fiat
vein or ore body and to do such other
work in the nature of development
work as said companies may deem
necessary or expedient for the purpose
of determining the extent, strike dip
and apex of the ore bodies in contro-
versy, to-wit: The ore bodies disclosed
by the several workings made by the
said Montana Ore Purchasing company
beneath the surface Of the said Penn
sylvania lode claim; provided however,
that said companies in doing said work
shall extract no more ore than is neces
sary to do the same properly. and that
none of said ore shall be taken away or
converted by them to their own use,
but that the whole thereof shall be
stored in said claim or upon the sur
face of r the ground id the vicinity
thereof: and all work shall be done in
a minerlike manner and snail be prop
erly timbered and supported, wherever
such timbering and supporting is neces-
sary to preserve the same
A private telegram from San Fran
cisco announces that the United States
circuit court of appeals has reversed
Judge Knowles in the case of J. H.
Mills, receiver for the Helena CONSOLE
dated Water company, VS.. the city of
Helena, and sent the case back here
for further proceedings. Judge Knowles
granted the receiver judgment on the
pleadings in the suit against the city
for $l0.500 hydrant rental. and the city
appealed to the higher court. The cir
cult courts reasons for the reversal are
not known, as the telegram from San
Francisco was brief. The expectations
are that the court desires a trial in
this court of the matters at issue. The
city's chief reasons for refusing to pay
Tor the water used We're that the con-
tract had not been legally awarded, in
that no bids were advertised for, and
that the city, by paying the rental de-
manded. was exceeding it's legal rate of
Indebtedness.
The city and water company have
been at outs ever since Mayor Edwards
took office, April of last year, and each
water rentals contracted for by the
previous administration.
Advices have also been received that
the circuit court has affirmed Judge
Knowles in the case of school district
No. s Of Meagher county VS.. the re-
ceiver of the Merchants National bank
of Helena. At the time the bank sus-
pended, the school district had about
$4,000 that it was proposed to use in
redeeming outstanding bonds in the
bank. The claim was made that it
was in the bank as a trust fund rather
| than a regular deposit, and as such
would be paid in full without waiting
for any dividends. Judge Knowles sus-
tanned this contention of the districts
counsel and accordingly gave judgment
! for the full amount. AS the higher
ocuTt sustains him, the bank will have
| to pay the full amount with interest.
| 1t is hardly expected a further appeal
will be taken by the receiver.