Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-24
MINE LITIGATION
The Anaconda Company Is At
ter F. A. HeinZe.
II SAYS HIN WILL NOT
Let 1t Help Him Work the Parnell
Claim--A Visitor Slugged-
Court Notes.

Another mine suit was filed in the dis
trict court to-day, the parties to it being
the Anaconda Mining company VS.. F,
Augustus Heinze. The plaintiff COM
pany alleges in it's complaint that it is
the owner of a seven-twelfths interest in
the Parnell lode claim and that the de-
PENDANT has entered upon the same and
taken exclusive possession of it, hav-
ing ousted plaintiff. The latter asks for
judgment against the defendant in the
way of recovery.
For a second cause Of action plaintiff
alleges that it became the owner of a
half interest in the Parnell on July 81 of
this year and on September 1, it acquir-
ed an additional twelfth and was en-
titled to all the ore bodies lying within
planes drawn vertically downward
through the boundary lines of the prop
erty and of the veins, lodes and lodges
having their apices within the bound
aries; that on August 10 it gave the de-
PENDANT notice of the purchase and de-
manded possession OF the premises,
claiming to be a enant in common with
the defendant, but the defendant re-
fused to deliver any of the ore mined
Notwithstanding plaintiff had also de-
manded it's part of the ore on the dump
and offered to pay its proportionate
share of the cost for extracting the same.
Plaintiff further alleges it demanded of
the defendant that he furnish a state
ment of the actual cost of mining the
ore, the delivery of which was demanded,
but the defendant neglected to render
such statement and continues To carry
away the ore, refusing to let plaintiff
occupy the property in common with
him.
Plaintiff asks that the defendant be
perpetually enjoined from refusing it the
right to said Joint possession and from
any manner interfering with the plain
tiff from extracting ore Jointly with the
possessor; and that during the tendency
of the suit the defendant be restrained
from mining the ground.
w. w. Trigg brought suit against the
Oregon Short Line railroad company to-
day to recover Judgment for 81, 500, of
which sum 81. 200 is alleged to be for dam
ages sustained and the balance for rents
and profits. In his complaint he alleges
that he owned a strip of ground 95x3, $50
feet lying parallel to the defendants
track and the defendant took possession
Of it.
The county attorneys office usually has
a rush of business on the day following a
celebration the size Of the one of YES
terday, but it was disappointed today.
as there did not seem to be more COM
plants than ordinarily. In anticipation
OF the expected rush of applicants for
satisfaction all Of the officers connected
WIN inc hn2rtmant u-nra a r fhn,r -
tons bright and early, each being pre-
pared to yell "Next!' with the suavity Of
a barber. But the customary stampede
of blackened eyes and broken noses did
not occur.
Edward 7. Colby filed a suit against his
wife Alice today for divorce. In his COM
plant he alleges that the marriage of
Alice and himself took place in this city
on February II, 1894: that on October is
OF last year she left him and continues
to live apart from him. w. E. Carroll is
the plalntlffs legal representative.
Tai about a civilized people and the
Filipinos getting at each others throats,"
said Matthew GLASGOW, as he lined up in
front of the county attorney this morn
ing with a badly disturbed face, 'there
are tougher ones right here in Butte. I
am pushing on towards 46 years of age
~"N S"AS . ~ AS NiViS i nave ever Hdu
such an experience. If l had been drink
ing i: would not be so bad, but / was
perfectly sOber-had not touched a DROP"
Mr.. GLASGOW is one of the outsiders that
came to the city to see the celebration in
honor of the returning soldiers. He lives
at Twin Bridges. Not having seen all
he desired through the day, he vent to
the Casino last night and took a seat in
a box. While there he says Dick Mullen
entered, shut the door and made an off
hand demand for money. The demand
was not met and the next thing he knew
Mullen was humping him right and left. !
A warrant charging Mullen with the
Offense was issued.
The petition of Patrick Doherty for the
appointment Of some suitab BILE person or |
himself to look after the estate of insane |
Robert Elberding will be heard in Judge
Llndsay's court next Saturday after
noon. AS there is another petition and
the latter places the value Of Elberding's
interest in the NJ. & NJ. gambling house
and saloon at s., 200 less han Doherty's
valuation of the property. the contest
promises to be spirited.
In the matter of the estate Of Mrs.
Kate Toomey, D. L.. Toomey, husband Of
the deceased woman, has been appoint I
ed special administrator by Judge Lind
say. A sister of Mrs. Toomey protested
against the appointment of Toomev. !
The divorce suit entitled Thomas Ro-
land vs.. Sarah Boland has been dis.
missed as settled.
LADIES APPRECIATE.
A good remedy. and there is not anv.
thing on the market that EQUALS French