The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-11-14
BIG MINING SUIT
TWO ORDERS TO SHOW CAUSE BE-
FORE JUDGE CLANCY,
HEINZE AGAINST THE B. & NJ,
Contempt Matter Nearly Causes Post.
ponement Of Hearing on Petition for
Inspection of the Minnie Healey-
! Motion to Quash Overruled.

suit VI Il. augustus t1olnZo ana
the Johnstown Mining company, as
plaintiffs, against the Boston & Montana
Mining company, as defendant, over
lodges and lodes in the Minnie Healey
claim, and in the Gambetta, Piccola and
Dayton claims. was up before Judge
Clancyes court on several proceedings
this snsorning.
IneiHrSt matter was a contempt pro-
ceeding, brought by the plaintiffs against
the defendant. on an allegation that the
Boston d Montana company had vio-
lated the order Of the court prohibiting
1t from working certain lodges involved
In the controversy. 1t looked at first as
If this matter would go over for a few
days to allow the defendant time to pre-
pare a defense.
The Boston & Montana was represent
ed by Attorneys Forbis 4 Evans, and the
order to show cause why the former
should not be declared guilty of con-
tempt was served only last evening.
Therefore Mr.. Evans stated that the de-
PENDANT would be pleased with a little
time for preparation.
Order to Show Cause.
However, there was set for this morn
ing an order, directed to the plaintiffs
requiring them to show cause why a
petition of the defendants for an order
for an inspection and survey of the Min
ME Healey should not be granted, and
the defendant was anxious for a hearing
on it.
The court intimated that the inspec-
ton matter would have to go over if the
contempt hearing did, because the court
held the latter to be an emergency affair
fMr. Evans replied that the petition 70,
inSnpctinn ~
months, and that the defendant could
never get the plaintiffs before the court
for hearing.
He desired that it be heard at once
He said that he believed that the con-
tempt matter, which he said must nee.
essarily be a very technical contempt
was brought by the plaintiff to further
delay. The court insisted upon it's atti-
tt1de.
I. To Meet the Charges.
NThen'Mr. Forbis announced to the court
that the defendant would meet the con-
tempt charge at once, if that was nee
essary to keep the inspection hearing be-
fore the court. The court remarked that
it understood that the defendant wanted
time to prepare.
MI. FOrbis answered that he should
certainly like time, but that he pre-
ferred to face the contempt charge with
out preparation rather than suffer an
other postponement. The court then sale
that the contempt proceeding might &c
ahead. 'i'' %" -
At that Attorney Denny. counsel with
Attorney McHatten for Mr.. Eeinze, arose
and asked the court to continue the mat
ter to 2 o'clock. till the plaintiff. who
had had the defendant cited to appear at
10 O'clock this morning. could secure
witnesses. That was promptly done.
Comes on for Hearing.
The order for the plaintiff to show
cause why the defendant should not have
an order of inspection then came up for q
hearing. Mr.. Denny Immediately made
a motion to Guash the order, and sup
ported it with an argument. Mr.. Evans
resisted the motion with a cOunter-ar
ment.
One Of Mr. Denny's contentious was
that the suit at present has only got t.
the point where the defendant has me-
the plaintiffs complaint with a demurrer
and therefore the defendant does no
need the evidence it alleges it is neces
sary to secure by survey and eXamina
ton. Mr.. Evans replied to this will
reference to cases where the order wal
granted as matter of course.
There is restraining order in thu
suit, and Mr.. Denny cOntended that thu
defendant was trying to obtain modi
fication of that by indirection through
the order of inspection. In reply. Mi
Evans said that he did not see how Mr.
Denny's contention could be taken seri
Ously.
Other Attorney, Added.
While the proceedings were in progress
upon the request of Mr.. Evans. AttOr
neys Shores and Kelly were added to tn
B. &. NJ. counsel.
Inc motion to quash was overruled
and the plaintiff took an exception AM
was given 10 days to prepare a bill OF ex
ceptfons. The hearing on the petition 10
| an order for inspection then proceeded.
INTEREST IN BOWLING.