New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-21
COPPER NINE LITIGATION.
INJUNCTION GRANTED IN THE wETsTEIN
SUIT AGAINST BOSTON AND MONTANA

INJUNCTION GRANTED IN THE wETsTEIN
SUIT AGAINST BOSTON AND MONTANA
Boston Jan 2o-'"The Herald to-day prints the
following: "A Helena Odont9 dispatch says the
State Supreme Court on Thursday granted an in
junction in the Heinze litigation, at Butte which
Injunction viii prevent the further operation OF
the CoE-anche uino by the Boston and Montana
until the rights Of Adolf Wetstein shall be deter
mined. The Comanche is one of the chief produc-
ing mines supplying the company's reduction plant
Mr.. Wetsten claims to be quarter owner Of the
Comanche mine"
+ The Boston News Bureau has this racy comment
upon the above suit and the Heinze litigation in
general:
When the legal warfare started between the Bos
ton and Montana and Butte and Boston on the one
side and the Montana ore Purchasing Company
and F. A. Henze on the other, He1nze summoned
his brother. who is a LAWYER. and had spent one
Mountain 4 state of affairs as respects overlap
ping claims and legal titles was dise9vereSd that
Among other things it was discovered that the
nous Comanche. had, by the records, an imperfect
Dayton H and the comanche one overlapping the
other. the Dayton being rather on the north siqe
manche, II was supposed 20 include the Dayton
ore chute. II appears that Patrick Largey had
decided two-thirds interest in the Dayton TO the
Comanche but the Heinze brothers discovered
Lsrgey owned but one-third by the record. and
with Adolf Wetsteia It is said that Largey had
bought the property of z party who had never
owned it, or had given his word in place OF deco
The confusion in the case is readily understood
from the fact that these titles were overlapping
claims upon when noinlng OF gIeat value We
ever shown at the surface, or by or to the original
owners. The value vas discovered and developed
by the Boston and Montana many hundred feet
underground, and then the Boston and Montana
quickly bought the surface claims, or the real
title for about $1,000 1t is said the Boston and
Montana has since claimed value Of s. 100000 for
this property, when copper was at Il cents pound
We understand that Heinze was not slow . IN Sc
curing the record title OF Wetstein According 70
the records and the deed. Wetsteln Is t1e owner
of about one-thlrd OF the Dayton WlIch II oe
leved be about one-half OF the Cornancne-
Wetstefn asked for Injunction before Judge
Lindsay 10 restrain the Boston ana Montana from
oueratiug the DaytOn-COmanche mine until an ac-
Counting could be had. Judge Lindsay was for
InerIy a clerk with Marcus DAILY. now president OF
the Amalgamated Copper Company, and the Anal
eramated Copper Company is now directing the Bos-
Ton and Montana fight against Heinze-
Judge Lindsay refused the injunction, and appeal
Supreme Court ordered Judge Lindsay 10 Alvssu-
deemed Il advisable. He investigated the case, and
again refused the injunction.
Appeal was again taken 10 the supreme CeurI'
and itself granted the injunction against Boston
and Montana. -.
Mt Heinze owns the Comanehe, but the supreme
Court gives him a good start in the fight for
piece OF s past bgtt5e AGAINST the amagamaed
forces the south side Of the Comancne claim,
for ore he claims the Comanche has wrongfully
taken from the Minnie Healy. and at the same time
is Sar1a nding at law his legal title that ground
from the allies of Marcus Daily, is another story.
A dispatch from Helena, Mont. states that the
Supreme Court permits the suspension OF the in
t,,nctfon against the Comanche property II the
BOSTON and Montana is willing to weigh all the
extracted smell them separately and furnish the
plaintiff a monthly statement OF returns Mr.
Wetstein's bond was fixed at $4,000, be VIII be
order in the event the defendant finally defeats
him in the contest over the title to the property