The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-29

Judge William Clancy yesterday aft
ernoon rendered a decision in the eel
ebrated Pennsylvania mining case in
favor Of the Montana Ore Purchasing
company, plaintiff, and against the
Boston & Montana company on every
point in the case. The decision. 50 far as
the district court is concerned, gives to
the Montana Ore Purchasing company
all the ground and ore bodies in con-
troversy and located in the northern
half Of the Pennsylvania lode claim,
upon which the Plaintiff has been min
ing. The property involved is of great
value.
There are still several suits pending
in the district court, in which the Bos-
ton & Montana company is plaintiff,
| involving the same ground, and in
which that company sues the Montana
Ore Purchasing company for about
100000 damages for Gre taken out.
What effect Judge Clancys decision
will have on these cases. if any. is not
apparent. The Pennsylvania case, of
course will be taken to the supreme
court as soon as the record can be
made up.
case who We're present in court when
the judge announced that he had
reached decision were John j. Me-
Hatton, representing the Montana Ore
Purchasing company, and L. Q. Evans,
representing the Boston & Montana
company, but before the court had read
much of it's findings Judge De Witt
and William Scallon also arrived.
The courts findings of facts and con-
clusions of law in full are as follows:
Findings of Facts.
This cause having been tried to
the court and all of the evidence and
arguments of the respective parties
having been presented to and submit
ted to the court for it's judgment and
decision herein; the court after fully
considering the pleadings and all of
the evidence introduced and the argu-
ment of counsel for the respective par
ties, and being fully advised in the
premises, finds from the said plead
ings and evidence the following facts:
"I-That the plaintiff is now and
was at the commencement of this ac-
ton and for a long time prior there
to had been in the possession and en-
titled to the possession of the follow
ing described parcel of mining ground,
situated within the exterior bound
aries of the Johnstown lode claim, lot
173, township north, range Z west,
Silver Bow county, Montana, which par
eel of land is particularly described as
follows:
Beginning at the southeast corner of
lot No. 173. granite stone, running
thence north degrees and 80 minutes
west 219 feet, thence north 10 degrees
9 minutes west 522 feet, from which
corner No. / of lot No. 179, the Rarus
lode, bears north 70 degrees minutes
$50 feet distant, thence south "a de-
grees 33 minutes west S29 feet, thence
south % degrees 40 minutes west 235
feet. thence south So degrees 25 minutes
east 400 feet. thence north IS degrees
30 minutes east 567 feet to the place
of beginning, containing an area of
6.86 acres, and that the plaintiff is now
and was at the commencement of this
action, and for a long time prior there
to, the owner and in possession and en-
titled to the possession of all the veins,
lodes lodges and ore deposits having
their top or apex therein, together with
all their dips, spurs and angles through
out their entire depth into, the earth,
and also of all the metals, ores. gold,
silver, copper and metal bearing quartz,
rock and earth in said parcel of
ground and in said veins, lodes, lodges
and ore deposits throughout their en-
tire depth.
That said Johnstown lode claim, lot
113, is a quartz lode mining claim, and
was located as such on the Gath day of
January, 1879, and that thereafter
United States patent was granted
therefor upon said location.
"I.-That plaintiffs said parcel OF
ground is also situated within the ex-
terror boundaries of the Rarus lode
claim, lot 179, and that the plaintiff is
now and at the time of the commence
ment of this action was the owner of
said Rarus lode claim. @ .-,,.
"III-That the plaintiff is now and
at the time of the commencement of
this action, and for a long time prior
thereto, was the owner in possession
and entitled to the possession of seven
hundredths (7-100) of an acre of land
situated in the northeast corner of the
Pennsylvania lode claim, and of all
the veins, lodes. Lodges and mineral
deposits having their tops or apices
therein throughout their entire depth.
'IV.--That there are certain Veins,
lodes and mineral deposits Which have
their tops or apices within the exterior
boundaries of plaintiffs parcel of
ground, situated within the exterior
boundaries of the Johnstowa lcde
claim, as aforesaid, and which pass en-
their strike or course through the same
in an easterly and westerly direction.
That said veins, lodes and ore deposits
also have their tops or 9lcas within
the exterior boundaries of .he JOINS
town lode claim, and that some of said
veins and ore deposits are so corre-
lated and bound together by mineral
connection at some points within said
Johnstown lode claim as to constitute
a mineral lode at such points. That
aside from the veins, lodes and mineral
deposits just mentioned there is vein
which has its top or apex within the
Johnstown lode claim and portion
of said parcel of ground owned by the
plaintiff, which vein has been referred
to in the testimony as the north con-
Meeting vein.
THAT said vein on it's course passes
through the north side line of the
Johnstown lode claim near the north
west corner of said claim, and is the