Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-06-07
ANOTHER APEX
SUIT IS BEGUN
RECEIVER WILSON OF THE MIN
ME HEALEY SUES BOS-
TON AND MONTANA.
CLAIMS VEIN IN THE
GAMBETTA AND PICCOLO.
Saysl'Defendants Put in a Bulkhead
to Prevent Him From En-
tering Property.

Elliot H. Wilson. receiver for the in
terests of F. A. Heinze. the Johnstown
company, Caroline v. Kelly and Miles
Finlen in the Minnie Healey mining
claim, instituted suit against the Boston
& Montana company in the district court
today to SECURE judgment for the usurp-
alton Of certain rights and privileges to
which he considers himself entitled as
receiver in working the property under
his control.
After defining he various interests held
in the property Mr.. Wilson says in his
complaint he has been engaged in work.
ing the claim so far as he has not been
interfered with by the defendant: that
the apex of a certain vein lies inside Of
the Minnie Healey and in it's downward
course the vein so far departs from the
perpendicular as to clear the north side
line of the property and enter the Gam
BETA and Piccolo claims, owned by the
defendant; that at the time he took pos
session of the property there was a GER
tain crosscut running north on the 600
foo level of the property to a vein with
in the Gambetta and Piccolo claims; that
development work done within the Min
ME Healey shows the vein in the Gam
BETA and Piccolo to be Identical with the
vein having it's apex within the Minnie
| Healey; that the defendant has bulk
headed the crosscut and prevented him
from doing that work which the court au-
thorized him to do: hat in order to es-
tablish the connection W the veins
in the Gambetta and Piccolo with that of
the one having it's apex in Minnie Healey
ground it is necessary for him to axe
a raise towards the surface from he
| point where the crosscut taps the vein at
the surface boundaries of the Gambetta
and Piccolo and remove the material
mined in pursuing the work; that large
bodies of ore are known to be IN the
vein within the planes of the boundaries
of the Gambetta and Piccolo claims and
Al--A -s:l e.o s~ olof~on INV tho noNtjQ0
whose interests he, as receiver, repre-
| sents and by the defendants, and title to
! This vein can be determined by estab-
fishing the point at which the vein
apexes.
| Continuing, Mr.. Wilson alleges that the
defendant company, knowing the iden-
tity or connection Of the vein of the Gam
! BETA and Piccolo with that Of the Minnie
Healey, and knowing that to make such
a raise Would clearly establish and de-
monstrate such fact, and that 1T was the
intent and purpose of himself to make
! such raise, bulkheaded the crosscut for
| the purpose of preventing him from maxi
ing the raise and establishing the owner
ship of the vein.
In "a second clause the receiver alleges
that the defendant is engaged IN mining
ore from the vein in the Gambctta and
Piccolo and taking it out via the Leonard
! shaft: that it has already mined and re-
moved large quantities of the ore: that a
few days 6 he demanded permission of
the defendant to make a survey and ex-
| animation of the Gambetta and PiccolO
! in order to protect the Interests of those
he represents, but it was met with a reg
ative%reply.
MI. Wilson asks that the defendant be
required to appear in court and show
! cause why it should not be compelled to
, knock out the bulkhead and allow him to
use the crosscut to remove the material
mined in making the proposed raise, and
to show cause why he should not make
the raise and make an examination, in
spection ard. survey of the underground
! workings of The Gambetta m Piccolo.