Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-09-08
EXCUSES FOR
%bARR|CADES
BOSTON & MONTANA EXPLAINS
DISTRACTIONS IN GAM
BETA AND PICCOLO.
ANSWER TO PETITION FOR
REMOVAL OF BULKHEADS,
The Distractions Were in Existence
Long Before Court Ordered an
Inspection.

The Boston & Montana company has
filed an answer TO the petition Of Re-
ceiver Wilson of the Minnie Healey mine
to compel the removal of %bulkheads in
the workings of the Gambetta and Pic
colo mines, SO hat the ore bodies of
those properties may be inspected by
him and his corps of engineers in ac-
cordance with an order of the court. In
the the defendant states that
if Mr.. Wilson has been precluded from
completing the survey of the workings
by reason of the barricades and obstruc-
tions, it is because of the fact that the
croSS-cutS have been filled for a long
time to a great length and not for the
purpose of preventing an inspection
under the order Of the court; that the
defendant does not know of any cross
cut No. 900 in the system of number
ing by it, but if the cross-cut
meant has been filled it was lone a long
time ago, and it will require great ex-
pense and a long time to put the same
in condition to be entered and inspected.
Referring to the cross-cut at the 500
level. the defendant says it has been
partly filled for more than a year and
has been absolutely inaccessible for a
long time, and it would require large ex-
pensa and a great length of time to put
it in shape to be inspected by the plain
tiff: that it. the defendant, has never
zone any StOpliS lIOlu tue cFOSS-cuCS OF
any mining further than driving the
cross-cut.
The defendant denies that the S00-foot
level cross-cut is 400 feet long.
AS to the alleged placing of obstruc-
tons in the workings on August Is and
10. the defendant says that if such was
done they are not in ground CT work.
ings which the plaintiff is authorized to
enter or inspect. The defendant denies
that the Instructions We're placed on
the dates mentioned, but long prior to
the issuance of the order, and were
placed for the purpose of preventing GER
tain inspectors appointed on the appli-
cation of Adolph Wetzstein under the
order of the supreme court, from pass
ing beyond the territory embraced in the
order.
AS to the Instructions on the 800 and
900-fOot levels from the Leonard shaft,
placed since August II, the defendant
alleges that it is mining in an ordinary
way the vein developed by the levels,
and that in 80 doing it is necessary at
times to obstruct them. and it will be
so necessary until the first floor Of
stopes is made over them, but the OBJ
structions did not until Au-
gust n: that prior to hat date the plain
tiff, and his surveyors had full access
to the levels, and defendant thought they
had completed their survey and inspec-
ton; that defendant is placing pockets
and chutes along the sal mine in the
places complained of as, rapidly as such
work ear be done, and that since the
Instructions were so placed the plain
tiff and Mr.. Turner ave been through
the workings and have been allowed as
free access as the defendants workmen.
The defendant says further that the
allegation that George H. Robinson and
George w. Tower, Jr., had been refused
permission to examine the drift on the
cnn 1o,o1 to- 1onI;%;O~a1. that - hol s4
operation at the end of the cross-cut a
diamond drill, and that those in charge
of it had Instructions to permit no one
to approach said drill while in operation
and they did refuse Messrs. Robinson
and Tower permission to approach; hat
the matter was complained Of. /ld Mr..
Dunshee, who was in charge of the mine,
corrected it as soon as possible and per-
mitted the gentlemen to enter the level
and cross-cut.