The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-04-01
Great Mining Case on Trial at
Butte.
CLARK VS.. ANACONDA
INVOLVES OWNERSHIP OF BIG
COPPER VEINS.
Anaconda and the Colusa-Parrot
Veins Come Together Below the
Surface, and Clark Claims the
Vein Below That Point-Great
Array of Lawyers and Experts.
Especial to The Herald.)


Butte, Mont, March 31.-By far the
most important and notable mining suit
ever tried in Montana is that now on
trial before Judge Knowles of the United
States district court in Butte, in which
United States Senator Clark's Colusa-
Parrot company is plaintiff and the
Anaconda Copper Mining company is de-
PENDANT. The suit is one of two involving
the ownership of all of the big mineral
veins in Clark's three mines, known as
the Colusa-Parrot, ,Clarks Parrot and the
Micawber, and a large portion and ex-
tension of the great Anaconda vein. In
the case on trial Clarks company sued,
and in the one TO be tried the Anaconda
company is plaintiff, but the same is
sues are involved in both cases.
A number of prominent attorneys OF
this state and Colorado, including Gov
ernor Thomas of the latter state, who
appears as one of the attorneys for the
Anaconda company, are engaged. Many
notable mining experts appear as wit
nesses, among them Winfield Scott Keyes
of California, Professor n. S. Smaller of
the Harvard university, DR.. ROsSiter w.
RAYMOND of New York, and Clarence
King. also of New York and formerly
government geologiSt.
The actual amount Of damages. as the
value of the ore alleged to have been
taken by the defendant from the vein in
of a victory 70 either side will be many
millions. Expenses to the amount of
hundreds of thousands of dollars, in the
employment of attorneys and mining eX-
DertS. and in the preparations for the
trial have already been incurred. A
model of the mines involved in the ac-
ton. which has been introduced in the
trial by the Anaconda company, alone
represents an outlay of $1,000 and three
months OF labor by the company's en-
gineers and pattern maker. The model
Is claimed to be as complete and perfect
a representation of the several mines,
under ground workings, and different ore
bodies. as if a solid piece of earth, with
surface area of several thousand square
feet and a depth of 1.S00 feet had been
cut from the ground and divided into sec
tons for the inspection of the court and
Jury. The plaintiffs have prepared two
other models representing their theory,
that are almost as elaborate. though less
costly, than the one referred to.
The three mines owned by Senator Clark
lie directly south of and adjOin the Never
sweat mine, which is practically a part
OF the great Anaconda. The contention
OF the plaintiff is that the defendant has
been mining from a vein belonging to and
aDex1ng in the COluSa-ParrOt ground. 1t
Is claimed that there are really two dis
tlnct veins. on one of which the plaintiff
has been working and the other from
which the defendant has been extracting
ore. but that the two ore bodies converge
and form one solid lead. and that from
the point of 1uncture the entire ore body
belongs to the plaintiff. it having the
Priority of location and therefore being en-
titled to the solid vein after the junction.
The Parrot claims We're located about
eleven years before the Anaconda proper
ties.
The contention of the defense is that
the Anaconda vein extends through the
length of the Anaconda ground. through
the Never Sweat, and into the claims of
the plaintiff and beyond them; that moth
ing is involved in the suit except the ore
bodies situated within the vertical side
lines OF the defendants ground. The
work carries the Anaconda vein on its
dip ana develops it to a point south of the
vertical side lines of the plaintiffs claim.
the apex being in the Anaconda ground.
1t is claimed that since the commence
ment OF the suit the development work
mas shown that the Anaconda and Colusa-
Parrot veins were originally one vein. but
tnat through an upheaval and movement
OF the earth. the vein was cut and two
distinct veins formed, and that the fssure
thus created became mineraliZed and has
formed third vein. which has a iunc-
ture with the Anaconda lead, and uDOn
winch the defendant is working
The case is being warmly contested and
the trial will likely continue for a month
or six weeks.