The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-20
DEED TO PARAMOUNT
HEINZE ANACONDA COMPANY
ORDER FOR SURVEY.
WHY vAcATlNG ORDER IS ASKED
Verbatim Copy of Anaconda Com
pany's Application and Parts Of
I1enze's Deed Conveying In
terest in Tairmont Claim.

So much interest has been displayed il
the recent effort of F. A. Heinze to Sc
cure the privilege of surveying the un
foreground workings of the Anaconda ant
st. Lawrence mines that he secure appli
cation of the Anaconda company for tn
vacation Of the order allowing him the
| privilege, is here printed in full:
HeinZe's suit was brought in 1900, he
claiming to own an interest in the Fair
| mount lode claim, which entitled him t.
survey. Lately Judge Clancy made ar
order granting him the right to survey
| but the operation of the order was stayed
to allow the Anaconda company to ap-
peal.
On last Tuesday the latter appealed tc
! Judge Clancy to have the order of sur
vey vacated, on the ground that Heinze
parted with all his interest in the Fair
mount claim by deed to the Nipper COM
| pany last spring. The part of the deed
| conveying Heinzes interest in the Fair
| mount, and the application of the Ana
| conda company are given in full below,
| the application being as follows:
| ITO the Honorable, the District Court
| of the Second Judicial District of the
State of Montana:
Comes now the above named re-
| spondent, Anaconda Copper Mining
company, and respectfully moves this
honorable court to vacate and set aside
the order heretofore, to-wit, upon the
18th day of December, A. D. 1901, made
in the above entitled matter, granting
the petitioner an order of survey, ex-
animation and inspection of the Ana
conda and st. Lawrence claims by vir-
tue of the petition and showing made by
the said petitioner in the above entitled
matter, and in support thereof respect
fully shows to this honorable court
that:
1.-The above named petitioner filed in
this court a petition for an order of
survey, examination and inspection on
the 2Sth day of August, 1899, in which
the said petitioner bases his right upon
the alleged fact that he was the lessee
from the owners of an undivided one
half interest in the Paramount lode
claim, situated in Summit Valley min
ing district, Silver Bow county, Mon
tana, and lying adjacent to the Ana
conda and St. Lawrence claims on the
north, and that he was entitled to be-
come the purchaser of said portion of
said Paramount claim under and by vir-
tue of an agreement from the owners
thereof
THAT upon the fling of the said pc
titlon this honorable court issued an
OFuer 10 SNOW cause UlTectcO 10 tuc
above named respondent, by which the
said respondent was required to appear
before this honorable court on the I'd
day of September, A. D. 1899, to show
cause, If any there existed, why an order
of survey, examination and inspection,
as prayed for in the said petition, should
not be granted.
THAT thereafter and pursuant to the |!
said order to show cause, the above
named respondent duly appeared in this
court and a hearing was had upon the |
said order to show cause on the 22d and |
23d days of September, A. D. 1899, which
until the 22d of January, A. D. 1900,
when the matter of the said order to
show cause, and the showing made
thereon by the said petitioner and the
We're, by the court, taken
under advisement.
THAT from the 22d day of January,
A. D. 1900, when the said matter was
submitted to this honorable court for
and determination, until
the 7th day of December, A. d. 1901
the matter remained undetermined in
this court and no order VI other pro-
ceeding, save those hereinbefore set
forth and referred to, were had in the
above entitled matter.
"A. |
D. 1901, this honorable court passed upon
the order to show cause that had here
tofore been submitted as aforesaid, and
made an order herein awarding the pc
.itioner a survey, examination and in
spection of the Anaconda and st. Law
renee claims, as prayed for in said pc
ition.
"And your respondent herein
urther shows to this honorable
court, and bases this appica-
ion to vacate and set aside the or
Ter of survey, examination and inspec-
ion SO made as aforesaid, upon the fact
hat after the said order to show cause
lad been submitted for consideration and
determination to this honorable court,
md before the said matter was de-
ermined, and the said order of survey,
and inspection was awarded
he said petitioner. to-wit, upon the 22l
lay of April, A. D. 1901, the above named
petitioner, F. Augustus Heinze, sold and
unto certain corporation
Known and designated as the Nipper
Mining company, a corpora
ion which is alleged had been organized
lnder and by virtue of the laws of the
tate Of New Jersey. all of the right,
title and interest of the said F. Augustus
1einze in and to the said Paramount lode
mining claim, as will more fully appea!
" a certain deed of conveyance made on
he said date between the said F.
augustus Heinze of Butte, Mont, and
he said Nipper Consolidated Mining
company, a corporation as aforesaid.
which said deed of conveyance is re-
orded on page 265 of volume 40 of
Deeds, Records of Silver Bow County,
iontana, a certified copy of which said
Iced of conveyance is hereto attached
marked Exhibit "A and made a part of
his application.
And respondent further shows to this
honorable court and asserts the fact to
,e, that since the said 22d day of April,
\. D. 1901, the above named petitioner.
:. Augustus Heinze, has been, and now
$. without right. title or interest in and