Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-15
ORDERED TO
SHOW CAUSE
HEINZE COMPANIES CITED TO
APPEAR BEFORE JUDGE
HARVEY APRIL Is.
IN CONNECTION WITH
LATEST MINING SUIT
Vein in Question Is Known as No.
of the Pennsylvania Upon Which
B. g. M. Mined.

In connection with the latest suit OF
the Montana Ore Purchasing company
and the JohnStOWn company against the
Boston & Montana company. an action.
the object of which is to determine I'll
tie to a vein of ore claimed by the plain
tiffs on the apex proposition, Judge Clan
cy has ordered the defendant companys
representatives to appear before him al
2 o'clock on the 26th and show cause
why they should not be restrained and
enjoined from trespassing on or mining
the ore while the suit is awaiting jul
dicial determination.
The vein in question is known as No
!. of the Pennsylvania. which the Boston
Montana company has been working
and which. it is claimed, has its apex
in Pennsylvania ground. The defend
ant alleges that cross-cuts have been
driven from the Heinze possessions into
this vein and that the plaintiffs have
been taking the ore without right or
title. The allegation is based upon an
affidavit made by Lee Hayes. mining
engineer in the employ of the Boston
Montana, who states in the affidavit
that he is we'll acquainted with the
Pennsylvania, Rarus and Johnstown
lode claims. together with their work
ings. particularly those of the Rarus un-
der the control of the Montana Ore Phr-
chasing company. He says he has made
a study OF the geological conditions of
the ground exposed and shown in
the workings: that there was certain
vein in the PENNSYLVANIA known as No
. and in his opinion it apeXes within the
lines of the Pennsylvania. no part of it
cropping within either the Rarus or John
stoWn locations: that this vein is de-
veloped and shown on the S0O-foot level
of the Rarus workings by what is known
as Pennsylvania raise No. 623, and is
also shown by what is called the fourth
level of the Pennsylvania, which extends
westerly from the top of the 623 raise:
that the top of this raise is about $50
feet west of the east line of the Penn
sylvania: that recently the Montana Or.
purchasing company, the Chill company
and the JohnstOwn company have driven
cross-cut from the 7o0-foot level of the
Rarus to what is called the Enargte vein
which. he believes is the No. : vein OF
the Pennsylvania; that they, have drift
ed east and west on this vein, extracted
ore and converted it to their own use
Continuing, Mr.. Hayes says: That re-
Gently the defendants (M Q. P, Chilli and
Youngstown companies). have run a cross
| cut south from the main S00-fO level
! on the Enarete vein and through it
| have intercepted vein No and have
| run drift about g. feet west connect
| ing the same with raise 623 of the Penn
| SSivana: that this drift is about 80 feet
| south of the main drift of the Rarus
workings on the S00foot level: that they
are now running the level on said No
| vein and are converting it to their
own use: that he is Informed and be-
| lieves they are also drifting east on No
| and converting the ore to their own
use.".
Mr.. Hayes further alleges that these
corporations have extended their work
| ings south of No. : vein into the Penn
| sylvania claim. and that it is not pos
| sible for them. in his opinion. to claim
! any rights to the veins south of No
I under or by virtue of their ownership
| Of the JohnstoWn, Rarus or any othe,
| claim.
On the strength of this affidavit the
HeinZe companies have been cited to ap.
pear before Judge Harvey at 2 O'Clock
on Thursday and show cause why they
should not be stopped in their work un-
| til the suit is determined.