New-York tribune., 1900-04-28
SUIT OVER THE ANACONDA
APPLICATION FOR RECEIVER FOR THE
GREAT COPPER NINE
[BY TELEGRAPH TO THE rR1BUNE.I


Helena, Mont. April 21--The suit for the ap-
pointment of a receiver for the great Anaconda
and st. Lawrence copper mines came up yester-
day in the District Court, before Judge Clancy.
This suit is another and most important move
in the wonderful legal battle now being waged
in Montana. ON the side is arrayed the
Montana Ore Purchasing Company, controlled
by F. Augustus Heinze; on the other the great
Amagamated Copper Company, representing
Marcus DAILY the Rockefelers and Lewisohns,
H. H Rogers and various large Eastern inter-
ests.
Between the Anaconda and ST. Lawrence min
ing claims lies small triangular tract of ground
which was overlooked in the original locations
of these mines and in the years that have since
ELAPSED ii was forgotten by the Anaconda peo-
ple Heinze, however, discovered the existence
of this unclaimed fraction, promptly located the
Conner Trust mine to cover 1t and sued the
allied COMPANIES for trespass and damages Fol-
lowing the dip of the vein, the base of this tiny
triangle is an ever widening one until at l,SOo
feet 1t measures 450 feet the vein. The ore
extracted from this wedge-shaped piece OF
ground by the underground workings of the
Anaconda company is valued by Heinze at
So. 100000, and he seeks to have receiver ap-
pointed for the Anaconda and St Lawrence
mines pending the adjudication of the suit.
AN INJUNCTION FIRST ASKED FOR
The suit in it's original form sought to en1oln
the two mines involved, and when II came to
trial in December last Judge Clancy issued a
temporary restraining order returnable on Janu-
ary 20. The attorneys for the Anaconda Com
pany made affidavit that continuance of the
restraining order would force the Anaconda
company TO close down the mines and TO dis
charge the two thousand miners there employed.
They further intimated that it might even be
do al tors
should the order be continued. The lawyers
therefore begged the Judge not to put the re-
straining order in force until further investiga-
tion should take place.
The next move on Henze's part to change
the form of the suit and to ask that the Ana
COnda and st. Lawrence mines be put IN the
hands of receiver The Amalgamated people
are straining every nerve TO prevent the ap-
pointment of a receiver, but in so doing they
are sduirming between the devil and the
deep sea- for unless a receiver is put in pos
session Of the Anaconda and st. Lawrence mines
while these claims being adjusted the suit
for injunction shutting down the mines en-
tirely will be in order, and should the ln1unc-
tion be granted il would reach FAR aheld, Tor II
would curtail the production and consequently
enhance the price of copper the world over
Thus not alone the markets for that metal would
be affected but indirectly the worlds hnan-
cial centres well, as copper is too valuable
ard necessary article of commerce for
diminution in it's production to occur without an
attendant upsetting of money values.
The argument yesterday confined to the
single point as to the legal status and title OF
HeinZe's Copper Trust Mine, which apexeS on
triangle already referred to. Judge Clancy is
now considering this point. and has again ad.
journed the hearing on the broader question of
the receiVerShp until next month.
FAR REACHING LITIGATION.
This wonderful litigation, which already in
wolves over $5OOO00O0 Of mining property,
great part of which is now in state Of enforced
idIeness, owing to the various DEGREES of the
he
stage where applications for receiverships and
injunctions are made almost daily, where every
turn and twist Of the law is being looked into
and taken full advantage of, and where in fact.
financially, life and death struggle is being
enacted
The Amalgamated lawyers still have Heinzes
great Rarus mine closed down by an injunction,
and this they have been able to do in spite of
the fact that both the State and Federal courts
have rendered verdicts in Heinzes favor.
Heinze's application for the removal of the in
junction and that receiver be appointed to
mine the Rarus the lawyers in the Rockefellers'
and Lewisohns' interest met by declaration
that Heinze was disregarding the injunction al
ready, and should be punished for contempt of
court This sworn charge, although dismissed
by the Supreme Court. nevertheless effected,
temporarily at least, the object aimed at and
delayed the removal of the injunction.
Not alone the lawyers, but the novelists, as
We'll should follow this fight with keenest in
terest, for interviewer with the dry bones or
legal questions are romantic stories by the
score which encrcle and accompany every step
renee and Anaconda mines is typical of this.
Twenty and more years ago, Marcus DAILY, then
little more than pick and shovel miner. got
bond on the Anaconda for something like
$4,000 and induced George Hearst Lloyd
Tevis and ]. B. Haggin to put up the money to
pay for and develop IT, DAILY in those obscure
and golden days was a jolly, popular and warm
hearted Irishman. and numbered among his
friends Charley Larrabie. who owned the St
Lawrence Through friendship Larrabie ad-
mitted DAILY into partnership in that claim.
DAILY, however. thought but little OF the st. Law
So 10 hat he a Hid nat nat,
his share of the 500 assessment work neces-
sary, and Larrabie paid it for him. Later DAILY
bought Larrabies share for 100000 and since
that day tens of millions of dollars worth of
copper has been extracted from it, and has
helped to place DAILY among the rich men OF
this continent. The st. Lawrence gave him q
portion of the wealth with which he has been
able to wage that unrelentng war on w A
Clark, which has just eliminated in Clark los
ing his seat in the United States Senate
CIEV ELAND IN A NIGHT