New-York tribune., 1900-05-14
PHASES OF COPPER FIGHT.
SOME OF THE BIG SUITS NOW PENDING
IN MONTANA-THEIR POLITICAL
SIGNIFICANCE.
SIGNIFICANCE

Helena Mont. May s (speciaD-The Heinze-
Rockefeller -Rogers-Daly fight seems to grow more
complicated and vicious each blow is STRUCK
To-day the Amalgamated group scored a point
when the Supreme Court. by T. decision, pracu-
caly the discharge of the receiver Tor the
Boston and Montana mine. but just prior 10 that
an equally effective blow had been struck for the
HeinZe side, when the Supreme Court OF Montana
handed down a decision that dissolved the in1unc-
ton that had been issued against the Rarus IN
the case of the Pennsylvania against the Rarus-
tombstone mine.
This Is Il very curious case. thorough under
standing of which it must be kept In mind that
the United States law gives to the owner or the
outcroppngs the apex of the vein the right 70
all in that lode far as II goes, pro-
vided only that the lode keeps within the side lines
OF the claim Mining claims are frequently located
the over the other, but he who owns the
earliest location takes all the in the ground on
the dip of the VEIN in addition to the apex of the
vein lode Should any veins intersect and cross
the claim from other claims, the owner of the old
est location would also have the right TO mine
these veins long they kept within his side
lines.
Heinze originally purchased the Rarus mine TOT
800 COO and in his skilful hands it quickly devel-
oped into a bonanza. Heinze was called TO CANADA
by business affairs and left the Rarus in charse
of his engineer. c. 8. Batterman. Batterman con-
ceved the icea that the Rarus had no extra-latera
rights, and that if 1t had the lode at depth
became homogeneous with other lodes that apexed
either in the Michael Davitt or the pennsylvania
claim. Heinze returned from Canada ana de-
clined to accept Batterman's theories, whereupon
the latter went to the enemy. and the fight
In the State District Court it has been held in
the suit of the Pennsylvania against the Rarus-
JohnstOne that the latter possesses extra-lateral
rights under the Pennsylvania. In the United
States Court before Judge Knowles, similar de-
csion has been rendered in favor of the extra-lat-
eral rights of the Rarus in the case of the Rarus
Johnstone versus the Michael Davitt mine and In
the Rarus- Pennsylvania case the Supreme Court
has held that the injunction issued against the
Rarus shall be dissolved. Pending appeals Henze
himself has applied for receiver TO work the
Rarus mine
The portion of the Rarus mine against which the
injunction operated had previously been leased by
Heinze to the Chile Gold Mining Company which
issuance of the injunction stopped them from
further work. Now the injunction has been dis
solved but in the mean time the lease OF
the Chile company has expired, and that com
pany has in consequence sued for S2,OOOG0, at
which sum il estimates it's damages on account
of the injunction issued TO the Pennsylvania whlch
has now been declared Illegal. The pennsylvania
belongs to the Boston and Montana. and unless
the ANA Igamated interests are able to secure an
other injunction against the Rarus, they stand
very fair chance of being mucted in heavy dam
ages by Henze, and of being called on to settle
the Chile Gold Mining Company's claim as we'll
Another curious case that IL Delng
is that of the Snohomsh and Tramway mines
Heinze owns half of the Snohomish and a third
OF the Tramway. The title to the rest or these
mines is in litigation. Henze stepped in and be-
gan 20 work both mines, he was permitted 10 DO
under the law as co-owuer. but this did not suit
the Amalgamated company, for it enabled Heinze
TO supply his smelters with ore. an injunction
was applied for and refused. But they did sue
ceed in obtaining the appointment of receiver
who the Supreme Court has now held, may either
both ,innC
seems TO him wisest. To all intents and purposes
he has shut them down. for under his receivership
their production of ore has shrunk 30 per cent.
In the case of the Minnie Healy mine, however,
which is also in the hands of receiver, the mine
is being worked fullest capacity. Heinze
owned a quarter and Marcus Daily and Miles Fin
len the other three-quarters of this mine. After
expendng over $4,000 in development work and
finding ore the latter transferred their bond
and lease TO Heinze. who made part payment
of S25, ZOO to the original owners. A few weeks
work showed Henze great bodies of ore. DAILY.
who the time of the transfer had been hand
and glove with Heinze In the mean time had
cast in his lot with the Amalgamated people who
were fighting Heinze Finlen at tried TO so
back on the transfer at the instance of DAILY but
Henze obtained a receiver for the mine. and the
of the Minnie Healy is going into Heinzes
smelters while the title TO the mine is being fought
in the courts
The AmaIgamated play is to cut Heinze off from
his supplies. for to him means money, and
money enables him 10 prosecute the war. and even
to carry II into Africa The Amalgamated sue
ceeded in enjoining several of Heinze's mines, but
he In turn succeeded in opening up new ones. To-
day he is monthly shipping ore in enormous guam
titles which the removal of the Injunction in the
Rains-J ohnstone- Pennsylvania case will en-
able him to increase.
The politics of Montana has heretofore and Will
this year hinge more on its copper production than
National issues. DAILY is autccrat of Demo-
cratic Montana and heart and soul for Bryan but
DAILY is to-day acknowledgedly the representative
of H. II. Rogers. William Rockefeller and the
great Standard Oil Company. An application of
the axiom of geometry that things equal the
things equal TO each other would seem
give the following result: The Standard OIL
Company equals DAILY in far Montana Is
concerned. and, as DAILY is for Bryan, therefore
the Standard OIL Company and all ii represents Is
for William Jennings Bryan for President OF the
United States Q. f. d.
How will II all end-and will they stop fight
ing? Senator Clark is everywhere reported as hav-
ing struck hands with Henze and joined him in
the fight. If this is true he will render val
liable aid to HeinZe mere IS one thing that must
be borne well in mind even by his opponents. and
scended in this vale of tears, HenZe Is still In his
durance audacity, vitality and mperishable con-
doubts fears.
1RlTV AND N1TV ODnrDC