The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-24
over Gre BODIES
MINING SUITS BROUGHT TODAY
IN DISTRICT COURT.
MINERALS WORTH THOUSANDS
Frank Becker and George E. Masters
Want Alleged Lease Enforced
Against Errick G. Lassen
and Others.

Ores worth several thousand dollars
are alleged by the plaintiff to be the sub
jeus matter of a suit at law and in equity
brought today in the district court by
Frank Becker and George E. Masters
against Errick c. Lassen, Fred Thomas
and William Wittenburg. The plaintiffs
ask for temporary restraining order,
a permanent injunction and decree
awarding them the right to the ores.
The defendants own the mining ground
under lots !, S, g. and 8, and own lots
?. 3 and 4, mining rights included. in the
Rice addition, and the plaintiffs allege
that they leased from Lassan, on August
10. 1901. Lassen being in possession Of
the ground, the right to mine all the
ores in the ground above the 140-foot
level. The plaintiffs say there was no
developed ores in the area named at tina {;
time.
They further say that it was agreed
that they should enter the area de-
scrlbed and carry on mining and pros
pecting work. and develop, expose and
extract the ore bodies therein, and
should spend their time and labor thusly
till they had extracted all the CONNER
cial ore there. They allege that there
were large undeveloped bodies of valu-
able ore in the area, which they could
mine at a large profit by the expenditure
OF their time and labor.
Tools To Be Furnished.
1T is agreed that Lassen agreed to fur
nish the plaintiffs with all necessary
tools, materials and appliances to mine
the ore bodies, and to hoist their ore,
free of charge, to the surface, by way
of chutes running down to the 230- foot
level and by shaft from there to the sur
face; and to hoist the waste rock gratis;
and that it was agreed that the plaintiffs
should have permission to deposit waste
in raises and openings between the l4O
and 23O levels till these were filled.
Another provision of the lease, accord
ing to the complaint, was that the plain
titfs should have ingress and egress from
the mine and workings at all times, and
that the defendants should move them
up and down the shaft in their shaft
cages and deliver material and tools to
them necessary to the proposed opera
tons.
In conslderat ton Of all the things
enumerated, the plaintiffs say, the de-
PENDANTS were to receive as royalty
IS per cent of the value of all ores
which the plaintiffs should mine from
the premises, after deducting hauling.
Large Bodies Of Ore.
In pursuance Of the lease, the plain
<iffs say, they developed large bodies Of
ore in the ground under discussion, and
mined some ore, and they allege that
there are still large and BILE bodies
of ore in the ground which they have Il
right to mine under the alleged lease.
They have complied with all provisions
of the lease, they say.
1t is alleged that Notwithstanding this.
the defendants have taken possession OF
the valuable ore bodies, and that they
deny that the plaintiffs have any right
to mine the ground and refuse them en-
trance to the premises, and refuse to
carry out the alleged agreements of the
alleged lease. They are threatening, the
plaintiffs say, to fill the openings in the
mine with waste and carry away and
convert to their own use all the valuable
ore bodies described.
The plaintiffs allege that they believe
that all the minerals and metals in the
leased ground could be mined in year,
and that the value of these runs into
many thousands of dolil"s, the exact
sum of which they cannot state. They
claim that they have no way of keeping
tab on the ores being mined by the de-
and that they will be irrepara-
bly, injured unless the latter are enjoinei
by the court, and they ask the court 10
enforce the lease.
Trial For Alleged Gamblers.
By an agreement entered into between
Judge Boyle and the attorneys today
the cases against the six alleged gam
b,ers arrested in the last raid, will be
tried tomorrow afternoon. Separate
trials have been asked for. as some Of
the defendants claim they were not in
the gambling house.
COPPER MINING QIlQIA1l0MS