Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-22
LAWYERS TILT
ABOUT MAPS
Question Of Survey Of Anaconda
Workings.
|CALLED SACRED GROUND
Witnesses Are Examined in the
Paramount Claim Con-
tr0verSy.
SACRED GROUND

The hearing Of the petition of F. A
Heinze for permission to survey the un'
foreground workings of the Anaconda ant
St. Lawrence claims belonging to tn
Anaconda company was resumed il
Judge Clancy's court today with Angus
Christian, chief engineer for the defend
ant company, on the witness stand.
The action is one in which the plaintiff
desires to ascertain whether the Ana
conda is encroaching upon the ore bodies
Of the Paramount claim, which lies nortf
Of the St. Lawrence. Mr.. Heinze has a
half interest in the lease on the Fair
mount.
Have o any plats or maps Of the un-
foreground workings OF the Anaconda and
st. Lawrence mines and their connections
with adjacent properties?' asked Attor.
ney Mediation.
Yes, sir. I have some of them in
court"
An objection to their Introduction was
made by Attorney Scallon on the ground
that the maps showed something besides
the workings Of the Anaconda and st.
Lawrence. The plaintiff was in court, he
said, to obtain an order of permission
to survey the workings Of the Anaconda
and st. Lawrence to find out what the
defendant vas doing with reference to
the Fairmont claim. He was pursuing q
s%tatutary remedy, one not known to the
common law. He should not be on a fish
ing expedition for the purpose of finding
out what laid south Of the Anaconda and
st. Lawrence. He was not entitled to the
maps of the Anaconda company. There
had been no proof adduced to show that
the defendant company was working in
anything belonging to the plaintiff. There
had been nothing to show that the vein
OF the Paramount apexed in the defend
ants ground.
The plaintiff maintained that in the
petition he had demanded permission to
inspect and survey the st. Lawrence and
Anaconda to ascertain If any of the work
lngs extended into any adjoining proper
ties. no matter what relation the latter
bore to the two mines in question. He
said the latter seemed to be the most sac
red ground in the state of Montana. It
was looked upon as a sacrilege for the
attorney for the plaintiff to even gaze
upon the maps of the ground.
1.-The attempt of counsel for the plain.
tin to be sarcastic on this sacrilege pro-
position" said Mr.. Scallon, is decidedly
Why a sham proceeding has
been brought by the plaintiff in this ac-
ton is sometimes that only the future
will develop"
The court overruled the objection and
IN so doing said If the plaintiff was en-
titled to anything he should have the lib
erty of making a full inspection.
Mr. Christian was then asked about
the various plats and maps and request-
cd to produce them. One showing the
Never Sweat. Anaconda, st. Lawrence
and other mines was brought out. ia
one corner Of it was attached a type-
written document which MI. Scallon tore
off.
DO you know what the paper is that
Mr.. Scallon detached from this map?''
asked MI. Mediation of the witness.
mo, sir, 1 do not"
II suppose the mex thing you will be
asking me for my private papers," said
Mr.. Scallon.
Il don't know whether I will or not
replied Mr.. Mediation.
The workings as disclosed bv the mar
We're shown by the witness.
inere were none, he said, in close prox-
unity to the north side line of the St.
Lawrence. He did not know whether
ohe contained a vein.
From the 1,OO0-foot level of the Ana
conda a crosscut extended into the Fair
mount. 1t was more than $500 feet lone
and penetrated Bell ground north of the
Paramount.
nell?"
None"
Did I no. understand you to say there
were some?"
NO; ! never said SO. I did say how.
ever, that I had a map OF the Parnell.'
John Gillie, a min engineer, testified in
behalf of the defense. He said he mad
entered the Paramount by way of the
Parnell 6?O-foot shaft and a crosscut. He
described the working Of the Paramount,
saying among other things tina the prop.
erty showed a small vein of little value
dipping about 81 degrees to the 100. He
did not know whether the st. Lawrence
shaft cut a vein, but If it did it would
not, In his opinion, be the one in the Fair
mount.
TIL entire day was consumed with the
nearing, progress being slow on account
OF numerous objections to questions bear
ing principally Upon the location and din
of the veins north of the st. Lawrence
n Anaconda shafts. The plaintiff en-
deavored to show that any veins in that
locality cut at any great depth either by
shaft or cross-cut apexed within the lines
Of the Paramount.