The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-08-12
Boston & Mont. Asks Uni
ted Copper Company
Be Ordered to Quit.
INJUNCTION CASE
Complaint Is Made That
Defendant Has DISC
beyed Court.


pany today took steps in the ds,ric, court
to stop the United Copper company from
working the Minnie lIcaly mine in viola.
tion of the injunction issued by the dis.
triet court during the pcndency OF the
case before the trial
Three aiidavits and a motion were filed
In the case today by the company named,
the real plaintiff.
Two of the aiidaviis were made by
Dennis O'Ncill and George Mcdonald,
who allege the Minnie Ileay mine is
now being worked by the United Copper
company In spite Of the Injunction.
No Modification Made.
The other affidavit was made by At
torney John r. Forbis, one of the alior-
neys for the plaintiff, who alleges ia il
that no modification Of the Injunction
issued by Judge Lindsey, August IS. 800,
restraining the defendants, f. A. and A.
i. lleinze, the NJ. o. =. company and
the Johnstown Mining company, from
working the mine and mining and extract
Ing minerals and ores from it, ever was
authorized by the courts, and hence that
the injunction issued by Judge Harney
is now in full force and effect.
The motion is founded on the aflidavits,
and il asks the court for an order direct
ing and ordering" that the Injunction or
temporary restraining order of August
IS, 1900, the injunction order which has
kept the mine closed, be in full force
and effect, and requiring the defendants
TO obey the same and to cease from ali
acts prohibited by the Injunction.
Reinstated and Renewed.
The motion says that should il be tho
the opinion Of the court that an order
OF reinstatement or revival is necessary
TO put the restraining order in effect, then
the plaintiff moves the court that the in
junction order be reinstatcd and renewed
with all the force and effect which orig
inally belonged to it.
The affidavit of Mr.. Forbis reviews tho
history Of the case from its inception to
the present, and places the facts concern
ing the injunction issued in the case be-
fore the court.
A Il, GI,I a..
the anidayiis, which informs the attor.
neys of the United Copper company the
ncy's court Saturday, and the court then
asked to issue the order desired
Suit Begun in 1899.
The affidavit OF Mr.. Forbs says tho
nominal plaintiff Miles Finlcn, began the
Minnie Iealy suit by the filing Of a COM
plant June ~, 1899.
Among other things. the complaint
asked for an injunction order, restraining
the defendant from extracting minerals
and ores from the Minnie Iealy mine.
An order to show cause against the do.
PENDANTS was issued, and there was
hearing before Judge Lindsay. On
August IS Judge Lindsay issued the in.
junction prayed for.
The case was tried by Judge Harney In
May and April, 1907, and he rendered 9
judgment and issued decree in favor OF
the defendants July II, 1901.
Respecting the Injunction.
In the decree there was an order re-
spccting the Injunction. The order stip,b
lated that if the plaintiff should file an ad.
ditional bond for $4,000 within 10 days
conditioned to save the defendants from
damage from the injunction in the case
the injunction should remain in force
The bond was duly filed.
The order also said that should the de-
PENDANTS file bond for $4,000, condi.
toned to save the plaintiff from loss BY
the extraction of ores, the injunction
should be stayed, and the defendants
should be allowed to work the mine.
This bond was not filed, hence the in|
junction remained In force.
Might Be Increased.
In connection with this order and thu