Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-04
LODE
AGAIN IN COURT
KING AND MALONEY COULD NOT
AGREE.
PAYNE HAD SHEEP SKINS
WHICH WERE SAID TO NOT BE
HIs-CoMPANlEs IN
CORPORATE.
Special to Inter Mountain.

Special to Inter Mountain.
Helena, Feb. 4.--The supreme court
this morning heard the argument on the
application of the State, eX rel Silas f.
King, for a writ of certiorari to Judge
Lindsay to compel him to hear a motion
to dissolve a temporary injunction
granted J. II. Maloney to prevent King
from mining ore in part of the Plymouth
claim.
Maloney claimed that King had eX-
tended the workings of the Silver King
mine into Plymouth ground, obtained an
injunction and was appointed receiver
pending final disposition. He claimed
the ore was his, being in the vein hav-
ing it's apex in the Silver King. Last
April King applied to have the tempor-
airy injunction dissolved, claiming that
Maloney himself was mining the ground
in dispute, appropriating the ore, Of
which he had taken out ten thousand
dollars worth. and filling up Kings
workings so as to make it impossible to
establish the identity of the vein; in
fact, was doing the very acts which
King was restrained from doing. This
application was denied, and King took
an appeal.
A motion for rehearing of the case of
Donald Moore against Judge Clancy for
u WIFI VI SupeINISUiy CuIilItl ~ CoIlpSl
the judge to grant him a judgment on
pleadings was denied This was a
mechanics lien suit against James A.
Murray and others for work done on the
TcOn claim.
The appeal in the cast Of l.. H. Robin
son vs.. A. Kleinschmidt was dismissed
on motion of the Montana Mining COM
pany US. ST. Louis Mining company. and
dropped to the foot of the calendar.
Judge Smith this morning began trial
Of the criminal calendar in the district
court. A jury was quickly secured and
the case of James Payne, charged with
burglary, was begun. The charge is that
Payne broke into the hide and wool
warehouse near the Northern Pacific
depot, rented by Fred Haag. Jr.. from
<leinschmdt and Bro, consolidated,
and stole 20 sheep hides. Haag testified
that ten days before theburglary, which
occurred on the night of September 16.
some hides had been stolen from the
warehouse, and therefore he piled them
in Il peculiar Way before closing Satur-
day, September Is. When he opened
Monday morning he saw that some were
missing, and from finding pipe, knife
and box of tobacco on the window sill
knew that somebody had broken in The
hides We're worth $22. The defense will
be that Payne obtained the hides from
some other man and did not take them
himself
Articles of incorpora ton of the Butte
Manufacturing Co. were filed with The
secretary of state this morning by l.. %.
Kent. r. j. Ia ylor and +. r.. Seeley, all
of Butte. The object is to manufacture,
buy and sell broOms, brushes. wooden
and WilloWware and similar articles.
The capital is five thousand dollars, in
five dollar shares. of which sixteen hum
dred dollars is paid in.
The Olson and Christian com;any of
Butte was also incorporated by Ne!s l..
Olson. August Christian and Doris
Christian, all of Butte. to deal ir
wagons, carriages, buggies. agricultural
implements, rubber tires. wagon makers
stock. etc. The capital is twenty thous-
and dollars in one hundred dollar shares,
all subscribed.
Governor Toolo today appointed Will
lam f. Mulaney, of Flathead county, a
member of the state fish and game COM
mission to succeed H. Percy Kenneth
who is dead.