New-York tribune., 1901-12-04
HEINZE WINS BIG SUIT.
BOSTON AND MONTANA COMPANY DE-
FEATED IN LITIGATION INNOLN-
ING MILLIONS.
Icy TELEGRAPH TO THE rRIBrNE.l

TELEGRAPH TO THE TRIBUNE-l
Butte Mont, Dec. 3.-By a decision handed down
In the Supreme Court yesterday F. Augustus Henze
wins one of the most important cases he has yet
fought through the lower courts In Montana against
the Amalgamated Copper interests. The Supreme
Court decided that Judge Lindsay, of the lower
court, made in refusing to issue in
junction against the Heinzes Montana Ore Pur-
chasing Company in the famous Pennsylvania
Rarus case and the higher court directed that all
of the proceedings in the case be dismissed. the
requested injunction against Henzc denied and the
bonds amounting to over 81 10000. which Heinze
now at liberty to proceed with the extraction of
ore from beneath the Pennsylvania Mine without
surety This decision is thought to involve at least
s51o,c0 worth of property.
The action just decided by the Supreme Court was
begun in Judge Clancys court by the Boston and
Montana Company against Heinze and his partners
contested Henze's ownership of the under the
Pennsylva and they asked for injunction
case Wa nay sed judge u caGcy Srf resed ms the 3e
issue an Injunction and the matter was brought he
fore Judge Lindsay also of the District Court
Here also the AmaGamated Company lost and from
and Montana Company. Pending the decision of
the appeal the Supreme Court ordered Heinze to
out Three times the Boston and Montana Com
time the increase was made until now the bonds
in this one case exceed $2,U0,OU
Arthur p. Heinze. secretary of the Montana Ore
Purchasing Company. said yesterday: In the suit
of the Boston and Montana against the Montana
| ore Purchasing Company over the Rarus vein.
derneatn the surface OF the Pennsylvania the St!
preme Court of Montana yesterday handed down
decision in favor of the Montana ore Purchasing
Company About three years the latter com
I pany the in the lower courts. but the
Boston and Montana had asked the Supreme Court
to force the defendant TO put up bonds pending
appeal The HeinZcS furnished bonds to the amount
of about s2.50000o. which all released and
cancelled by this decision. The Montana Ore Pur-
chasing Company will hereafter be able to mine
the Rarus vein underneath the surface of the
Pennsylvania. without disturbance. This is the
property which the famous litigation first
started in March 1897. The defendants consider
this a important victory and sustaining
the claim which they have made since the begin
ming of the litigation, that the Montana Ore Pur
chasing Company is entitled to this
'TEe Delaware Surety Company will get
back the $4,000 cash which il deposited with the
Supreme Court of Montana security in this
AmaIgamated Coppec was strong in the early
trading yesterday, selling up to 14&4 but in the af-
ternoon another heavy selling movement set in,
under Of the adverse decision in Montana. the
further cut in copper prices i'll London and the re-
iterated reports of extensive sales of copper here
a a reduction of two and One-half to three cents
pound from the list price of II cents. and Anal
gamated broke to 1l2 the lowest price yet recorded
for il. The close at I2 net loss of 11e points
from Mondays close.
Boston. Dec. 3.-The COppers showed little life.
but so far as traded in reasonably firm until
late in the afternoon when the daily slump in
Amalgamated came. That stock broke to -, selling
at n@s, new low record