Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-24
Rur1Or That Heinze Will Build
One Near Helena.
OF LITIGATION
No B. &M, Stock In Globe Bank Col
lateral-C0pper Markets
Mining Notes

Augustus Heinze is contemplating the
erection of a copper smelter In the
Prickly Pear valley. The story goes that
the new smelter will rival the Boston &
Montana smelter at Great Falls. Mr..
Heinze is at present in Helena, n Mr..
Maglnniss. the manager Of the Montana
Ore Purchasing company. refused to
verify or deny the report.
The Boston New Bureau of January 16
says:
The great litigation now being prose-
cuted by the Boston & A~malgamated
Copper companies over the properties on
Butte mountain begins with the litiga-
ton over Mr.. Heinze's famous Rarus
! mine, which is declared to be On the
great Anaconda lode, and worth, posi-
bly,, SO, O0O, 600.
1t is a striking commentary upon what
| might have been that the Butte & Bos-
ton company once held an option upO
the Rarus mine at the price of 5000, 900.
After doing some development work
! upon it In 1892 and 1893, the Butte & Bos-
ton threw it up, and Heinze later bought
it in for $500, 900; n now he is u for
| $780, 600, for ore which, it is claimed, he
has taken, through the Rarus, from the
Boston & MOntana's Pennsylvania claim
and the Butte & Boston's Michael Dewitt
claim.
Before Judge Clancy. Mr.. Heinze of the
Montana Ore Purchasing company, has
won or every point and it was expected
hat an appeal would be taken to the SUI
preme court: but instead Of so doing the
plaintiffs have just begun a new suit
for 5000, 900, basing their claim upon some
points made in the decision Of Judge
Clancy.
Mr.. Heinze's claim for legal expenses
in defending the Rarus in this litigation,
are. as now put into court, 1920, 900.
The beginning Of the litigation in the
entire Butte camp starts with the Rarus,
with Mr.. Heinz as defendant and for
some time in unmolested possession.
The difficulties attending this%l litigation
may be gagged by the fact that an army
of experts was marshaled on each side.
and each army was unanimous in the
opinion that some million dollars worth
Of copper ore, uncovered by the Rarus
people, belonged to the party to the liti-
cation summoning the Expert.
All mineral claims at Butte are under
United States mining laws, and from the
outcropping of a vein the owner of the
outcrop can follow this vein into the
earth, indefinitely, together with all
dips, spurs and angles" The formation
in the Rarus was very singular as the
vein was %cross-cut by a dixie of rock,
which was not of the vein, but which was
likewise mineralized. This divided the
Rarus vein as it descended in the earth,
but the Rarus people commended they had
a right to follow their coat-tails without
danger Of having them considered as no
part of the coat.
The Pennsylvania, Of the Boston &
Montana, and the Michael Dewitt, of the
Butte & Boston, overlie. on the surface
the Rarus vein. as it dips to the south
west. but they also have their own values
parallel with the Rarus.
re- Mr. IJai,,1a oo,,1I ~ Ioo., JoFocAo
in the Rarus claim, he would nave beer
dealt a severe blow. but while fighting
or his own ground here he has bought
and purchased claims and parts OF
claims. located new claims, and discov-
cred new owners for claims, whose in.
~terests he has purchased, and changed
the laws of the state in such manner az
to put his antagonist on the defensive
What the ultimate result will be. t.ow.
ever, no man can with certainty predict
The controversy over the ground or
which the Heinze smelter stands is 6
; minor affair. The ground was LEASED
from the old Butte & Boston for $500 %,
month. and Heinze claims that. in tn
reorganization sale. an order Of cour
protected the smelter and his rights
and that this ground passed to the new
Butte & Boston company, subject to tn,
lease. which has yet many years to run
The new Butte & Boston tried to Gus
Mr.. Heinze, as a part OF the tactics O
warfare, and he secured the condemna
; ton of the land as dumping ground. TIL.
Butte & Boston people then set up tina
the condemnation should carry minera
rights underground, and secured al
award of about $470,O 900 for the ground
At this prize Mr.. Heinze refuses to TAX,
the ground. and will endeavor to main
tain his position under the lease.
: Meanwhile. Mr.. Heinze is not onl,
turning out 1900, 900 pounds of copper ne,
month from his smelter, but has en-