Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-11
cuPREME COURT SUSTAINS THE
PARROT CLAIMS
ORDERED TO KEEP OFF OF THE
ADVENTURE CLAIMS, ABOVE
AND BELOW GROUND.
GO INTO TECHNICAL DETAILS.
Kellogg Jury Still Out-Gov. Toole
Signs Big Batch Of New
Bills.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena, March 1.-THE granting of an
injunction by the district court of Silver
Bow county to prevent F. A. Heinze, a.
p. Heinze and the Montana Ore Pur-
chasing company from removing ore
from benea IN or on the surface of the
Adventure mining claim, owned by the
Parrot Silver and Copper company, was
confirmed by the supreme court today.
apex vein which Heinze was mining fol-
lows the general direction of the side
lines or end lines of the Nipp-r, of which
the 11enzes own thirty-one- thirty
sixths. The Parrot company claimed it
crossed the north sAde line of the Npper
into the Little Nina and the south side
across the east end line of the Oden
line of the Nipper into the Oden, thence
across the east end line of the Oden into
the Anaconda. Therefore, it is claimed
the Nipper has no eXtralateral rights on
the vein, and as none of THE Intervening
claims have any part of the apex so as
to give them cXtralateral rights, the
vein tails TO the Parrot under common
law rights. The defendants calm the
apex Of the vein follows the general di
rection OF clle side lines from near the
west end line and crosses the south side
line of the Nipper into the Anaconda.
The court says: 1T is evi1ent that
the district court four.i in favor of the
plaintiffs contention" ana continues:
Upon the evidence submitted the dis
trict court might have found in favor
of the defendants contention: as it did
not and as there is substantial evil
toVd iV,cr To nrt mo
plaintiffs contention, We do not feel JUS
titled in holding that the showing made
by the plaintiffs was not reasonable Or
that the court abused it's discretion in
finding as it did The rule heretofore
applied by this court in this class of
cases is, that the granting of prelimin-
ary injunction is SO largely matter Of
discretion it will be sustained upon an
appeal where there has been IL reas IN.
able showing made in support uf the
application in the court below. For the
present purposes, therefore, we shall as
sumo the finding in favor of the plain
tifs as to the course Of the vein through
the Nipper claim to be correct, and
proceed to determine the legal question
presented upon this theory Of the case"
1t then declares: 1.-The supp0sed side
lines of the Nipper claim are in Fact
end lines. and whetever rights it's own
ers have to follow the vein in the direc-
tlon of the Adventure are limited bv
the vertical plane passing downward
through the south side line extended in
its own direction toward west" 1t is
held that the extralateral rights of Oden
were limited toward the west BY a verti-
cal plane passing downward through a
point parallel with it's east end line of
that claim. 1T thus appears SAYS thu.
court that neither the owners of the
Nipper nor the Oden have oy virtue of
their title to portion of the apex
within their respective boundaries anv
right to follow the Vein on it's dip into
ground underlying the Adventures; in
other words, those claims have no extra
lateral rights in the direction Of the
Adventure.
The court then declared that in the ah
sence of such extra 'ateral rights, the vein
be 'ongs to the Parrot company. as the
owner of the surface ground, for it holds
that mineral patent conveys the sur
face and all beneath subject only to the
eXtralateral rights of adjoining claims.
The jury in the Kellogg murder case
had not come in at IL o'clock today when
it had been out forty-eght hours.
Judge Smith in the district court is
trying the case of Cameron VS. Went
worth regarding title to May w and
Plumerie, two race horses, of which
N-&~