Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-16
Montana Ore Purchasing Co.
Sues For ,000.
COMPLAINT VOLUMINOUS
Boston and Montana Company Charged
With Intent to Black
mail.

began suit in the district court last eve
ming against the Boston & Montana Min
ing ompany Leonard Lewisohn, Adolph
Lewisohn, Jesse Lewisohn, George M.
Hyams, a. S. Bigelow, the Butte & Bos-
ton F.. Hollins Morse, Z. >.
Batterman and John F. FOrbis, (the lat
ter as receiver for the Butte & Boston
company to recover Judgment for ST.
600, 900 for alleged conspiracy against 1t.
The complaint in the action is volumnl-
Gus. 1t alleges that on the 9Th OF Marcn
1897. the plaintiff was the owner OF the
Rarus and Johnstown lode claims and
all the veins of ore having their apex
within their boundaries, n as such
owner had the right to extract ore from
them: that on that date the plaintiff also
owned n operated a smelter and con-
contractor having a capacity of 700 tons
a day: that on the date mentioned the
Boston & Montana company. n
Lewisohn, Adolph Lewisohn. Jesse Lew
isohn, G. NJ. Hyams. A. ;. B1geloW, ins
Butte & Boston company, f. Rollins
Morse and c. S. Batterman unlawfully
conspired together for the purpose or
Matchmaking the plaintiff and with the
intent and for the purpose OF emDarraSs-
ing and Gripping the plaintiff financially
and destroying the credit of plaintiff.
hindering and embarrassing 1t IN It's
mining operations in the vicinity o!
Butte and elsewhere and injuring ana
destroying the credit of the plaintiff IN
New York and London and with the in
tent and purpose of forcing and compel
ling the plaintiff to transfer, without
consideration. to the defendants a large
portion of the interests and property
rights belonging to the pialntlM, oau
~fraudulently. maliciously and without
probable right. cause a suit IN equity TO
he commenced in the United States court
for the district of Montana, the title OF
which was the Boston & Montana COM
pany VS.. the Montana Ore Purchasing
F. A. Heinze and A. P. Helm
ze; that in the complaint in that action
the plaintiff. falsely, ~fraudulently and
maliciously claimed that the plaintl1
therein and defendant B. & M. co. mere
in was the owner and entitled to all the
lodges and veins having their aplces
within the portions of the surface ground
Of the Johnstown n .Rarus lode claims
and lying underneath the surface OF the
PENNSYLVANIA claim, which latter prop
erty was claimed by the Boston & Mon
tana: that in OF said unlawful
conspiracy and designs upon the part OF
the defendants in this action just prior
to the commencement of the suit IN the
United States court, as the plaintiff is
informed and believes. the defendants
circulated and caused to be circulated
in Butte, New York and London a false
and fraudulent report that the Boston
& Montana and Butte & Boston Cos. were
ADOul W 49, 80
ed States circuit court for Montana
which would cripple the Montana Ore
Purchasing company financially and rem
der it insolvent; also that the B. & NJ.
and B. & B. companies were the owners
of all veins and ore bodies OF any value
upon which the Montana Ore Purchasing
was then operating. and that
when the M. o. P. should be deprived of
the right to mine the veins and ore
/, bodies, as they would upon the COM
mencement of the action then con-
templated by the B. & B.. n the B. &
run but a short time and would become
wholly bankrupt and insolvent.
Further, that in pursuance of said con-
spiracy and design to embarrass, cripple
and ruin the M. O. p. Co.. the B. & M.
upon the commencement of said action in
the United States court, by means of will
fully false and fraudulent representa-
tions to the court, obtained an order re-
straining the plaintiff from conducting
any mining operations upon the veins
having their apexes within the surface
boundaries of the Youngstown and Rarus
lode claims which extend under the Penn
~sylvania lode claim; that thereafter, on
the 22d of April, 1897, in further pursu-
ance of the unlawful combination and
conspiracy to ruin the N. O.. p. Co., the
B. & M. Co., by means of wilfully, false
and fraudulent representations and
shOwings to the court, obtained an In
junction against the plaintiff herein, re-
straining the plaintiff herein from min
ing upon veins having their apexes in
the Johnstown and Rarus lode claims
and extending underneath the Pennsyl-
vania claim; that the representations
made by the defendants herein to the
United States court in that case were
false and fraudulent to the knowledge of
all of the defendants in this action and
were circulated and made for the fraudu-
lent, unlawful and malicious purposes
aforesaid: that the injunction remained
in force until March q. 1898. when it was
dissolved.
The complaint further alleges that
after the dissolution of the injunction
order the plaintiff in that action filed
an amended complaint in which 1t again
willfully. falsely and fraudulently
belonging to the Montana Ore Purchasing
company and having their apices in the
Rarus and Johnstown claims. and by
means of other false. fraudulent and ma
Mcious representations to the court OBJ
tanned. on March 2S. 1898. an order re-
straining the plaintiff in this case from
mining the veins mentioned: that on May
2 of that cal, in pursuance Of the con.
spiracy. the Boston & Montana. by
means OF other willfully false and fraud
uient representations and showings to
the Montana Ore P~urcha1inx company
and prevented it from mining the veins
having their apices in the Rarus and
J~ohnstown. and the order and amended
bill OF complaint were not dismissed until
March 81, 1899: that by reason Of these
fraudulent and false representations the
Montana Ore Purchasing company was