New-York tribune., 1900-05-18
HEINZE WINS AGAIN.
IMPORTANT DECISION IN THE LITIGA-
TION WAGING AMONG COPPER KINGS.
[BY TELEGRAPH TO THE rRIRI'NE.]

[BY TELEGRAPH TO THE TRIRtNE.l
Butte, Mont. May 1.-Two decisions of far
reaching Importance in the tangled skein of iti-
cation between the Amalgamated Copper inter-
ests and F. A. Henze handed down yes
terday
Judge Clancy, of the District Court, has
granted Heinzes motion for the appointment of
a receiver for the Nipper Mine. In this suit
Mr. Heinze charged that Marcus DAILY. H. II.
Rogers. William Rockefeller and others had
entered into conspiracy to prevent him from
operating the mines in Butte. The Anaconda
owned five thirty-sixths of the Nipper Mine, the
other thirty-one thirty-sixths being owned by
Henze. DAILY, representing the Anaconda COM
pany, entered into an agreement with Heinze
to sell him these five thirty-sxths basis
of S1JO,O0O for the whole mine Heinze then
went ahead with his development work. and
spent a large in opening up the Nipper.
which he discovered to be an enormously val
liable mine. When this became known the
Anaconda people promptly repudiated the agree
ment with Heinze. and not only refused to sell
to him the five thirty -siXths. they had agreed,
but they went still further and under the law as
it then existed they brought suit co-owners
to stop Heinze's operation of the mine.
In this suit Days engineers made an express
claim that the vein apexed in the Nipper's ter
ritory, and that therefore under the law. so long
as it held within the Nipper's side lines. the
vein its dip was the property of that great
mine.
At this time the law required the unanimous
consent of all the co-owners for any co-owner
to work mine, but shortly thereafter this law
was repealed. and Henze Immediately resumed
work the Nipper. In the mean time. however
DAILY had Joined forces with the Amalgamated
people, and the determination to crush Heinze
had been arrived at To do this successfully 1t
was absolutely essential that Heinze be pre-
|, vented from obtaining for his smelters, and
so when Henze resumed work on the Nipper
DAILY. to stop him. had other of his engineers
make affidavts that the vein did not apex In
the Nipper, but in the Odin, claim lying to the
south. Upon these afidavits an injunction was
obtained which. however. applied only to
small portion of the Nipper territory Heinze
then drifted along the lode and discovered great
ore bodies which lay in the unenjoined portion
of the NpDer
THE LITTLE MINER CLAIM
AS these ore bodies fed Heinzes smelters
Daily and the Standard combine hunted around
for way in which to stop Heinze from min
ing in the unenjoined portion of the Nipper. To
the north of the Nipper lay claim called the
Little Miner, which owned by the Parrots.
and although some of Daly's engineers had al
ready made affidavit that the apex of the vein
was in the Nipper. and others that 1t was in the
Odin, which lay TO the south, nevertheless a
new batch Of afidavits put in by others of
Daly's engineers, which claimed that the apex
of the vein lay TO the north of the Nipper. and
was in the Little Miner
These absolutely conflicting claims put forth
by engineers, all of whom were in the employ
of DAILY, Rogers, Rockefeller and the Amaga-
mated combine, led Heinze to appeal 10 the
courts for protection against what he claimed
to be a conspiracy to prevent him from mining
these ore bodies, and to this end he asked that
a receiver be appointed This the Court has
just granted, and so Heinze scores another and
most important pclrt in the great legal battle
that is now raging for through the receiver
the Nipper be operated and its ore will go
to HeinZe'S smeterS
Recently when the Supreme Court dismissed
the injunction, which the Pennsylvania mine,
belonging to the Boston and Montana, the
property of Bigelow, Rogers and Rockefeller
had obtained against HeinZe's Rarus Mine, the
for fresh injunction against the Rarus. Judge
Lindsay has now decided that he has no power
to grant such injunction. This practically
ends the Pennsylvania -Rarus suit and ends it
in Heinze's favor. And thus Heinze has an
other great mine open to him from which he
take unlimited amounts of rich ore with
which to operate his smelters. To appreciate
thoroughly the disappointment that Judge
Lindsays decision must be TO the DAILY Rogers.
Rockefeller syndicate it must be born in mind
that Judge Lindsay stood very close TO Daily.
Days money. 1t is said, educated Lindsay, who
later on became Dalys private secretary, and it
was Daily who made Lindsay Judge.
Heinzes smelters have been constantly en-
larged until now the Heinze people say they are
copper a month