Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-22
|SPARRINc
FOR TINE
The B. & M. Company Wins
The First Fall.
JOHN BORDEAUX'S REPLY
To the Answer of His Wife Slept
Well and Walked
Better.
JOHN BORDEAUX'S REPLY

| Judge Clancy entered his department
of the district court this morning with the
expectation that the injunction suit of the
| Montana Ore Purchasing company
| against the Boston & Montana company,
! an action to decide title to the veins of
the Pennsylvania mine which it is alleged
have their apex in Johnstown ground,
would be tried, but he encountered dis
appointment, as neither side was ready
to proceed. Attorneys for the plaintiff
opened by stating that in view of the
fact that two or three criminal cases had
been set for trial ahead of their suit they
had not completed all necessary prepara-
ton to take the matter up today, but
might be ready in three or four days. The
probably would not be for a week.
The court intimated that delay was
sometimes the result Of an understand
ing between sides. whereupon the plain
tiff announced it's readiness to press the
button. The judge argued the point with
both sides and among other things called
their attention to the fact that the jury
would not ave anything much to do if
the case was not taken up. He also said
it was not good to permit such delays
after cases had been set. 1t reminded him
Of the capers Of a cantankerous boy in
school-if the master allowed him to
carve the Dutch roll or some other equal
ly difficult feat on the ~'escutcheon of the
fair name" Of the temple of scholastic
learning the example YOU be so bad
that in a short time the others would be
right in line with the Dutch roller. He
requested that an application for a con-
%tinuance be made in writing, and the de-
Tense prepared n without further de-
lay. Two affidavits in support Of it We're
submitted, one by c.. S. Batterman and
the other by E. E. Chase. In his docu-
ment Mr.. Batterman stated that develop
ment work necessary to show that which
his side desired to prove was being lone
plete it. He thought that under the cir
cumstances it would not be safe for the
to go to trial at present. He
had understood that the controversy was
over veins No. 3 and Z of the Pennsyl-
vania, but later on learned different.
E. E. Chase stated in his affidavit that
the defendant expected to show by de-
velopment work being done that the veins
of the Pennsylvania apexed south of the
ground claimed by the plaintiff. He
thought the defendant would be ready to
proceed with the trial in about sixty days.
Both aftidavits stated it had been their
belief that the trial involving Michael
ground would come up first and
work therein had been rush
I'd to the delay of work in the Pennsyl-
vania.
Affnyroov 1nhr Tnr1ic ~ 30 %l1 -
representing the defendant, read
the aftidavits and then gave the court an
oral history of the action. He said it had
been instituted in April of last year and
was originally an action of law to recover
judgment for 100000 damages for ore |
alleged to have been taken from the veins
claimed by the plaintiff and to secure an
order for a temporary injunction to pre-
vent the defendant from prosecuting fur
Their the work in the property in ques-
lion. The district court. he said, had
granted the injunction, but the matter !
been appealed to the supreme court |
with the result that the latter body de-
'ided there was no ground upon which
o base the maintenance of the order.
Afterwards the plaintiff had dismissed
he law action without defendants
and asked the lower court to
.ry the matter as an equitable action. As
he suit involving the Michael Davitt had
been set for trial first, the defendant HAD
performed it's work in that claim in order
% demonstrate the sincerity of it's pro-
'essions in regard to the course of the
're bodies it contained The present
move, he said, was extraordinary and the
defendant had been taken by surprise.
John j. Mediation acted as spokesman
or the other side and explained it's posi-
ION. He said they We're not ready to go
% trial. He did not care what Mr.. Bat
erman had understood in regard to the
rial of the case Or the particular ground
n controversy. Mr.. Chase had about a
'ear and a half g gone into the United
states court with an afidavit in which
ne alleged that the defendant would he
'eady for trial a few months later. The
plaintiff had set uD it's claim in the
.nited States court over two years ago
nd should have its title to the property
n controversy quoted as soon as pos
.lble. He asked to be given until 2
CLOCK to prepare and present counter
to offset the contents of those
by Messrs. Batterman and
'hase.
Mr.. Forbis fought against the proposed
COUNTER affidavits and his argument had
weight enough to convince the Judge that
t woald be right for him to grant tho
for a postponement: and it
vas done, July "a being set as the date
or trial.
AS the case is n in which it will be
necessary for each side to thoroughly
lnalyze every particle of the ground in
together with it's dips, spurs,
and then make comparisons be-
ween the substance and general charac-
~eristics of the mines of Butte and those
other sections, at least two or three
will be consumed in it's hearing
When once it is commenced.
John r. Bordeaux has filed in the dis
riot court. a reply to the answer made
his wife, Ella F. Bordeaux, to the
mended complaint submitted by hin, foj