The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-10-13
INSPECTION ORDER
ON Dewitt CLAIM
BUTTE & BOSTON COMPANY CON-
ClUDES ITS EVIDENCE ON
SURVEY PETITION.
MOTION TO DISMISS DENIED
Attorney John F. Forbis Asserts Heinze
Is Gouoine Out Ore and Leaving
Mine Mere Shell.

At the hearing today on the application
OF the Butte & Boston Mining company
to he allowed TO inspect the workings Of
the Rarus mine TO discover if IIenze and
the Montana Ore Purchasing company are
looting the ore bodies in the Michael
Davitt claim, which is under the injunc-
,ion of the United States court, Attorney
John i. forbis for the Butte 4 Boston
company declared that the United Copper
company people are gouging out the rich
ore bodies OF the Michael Davit claim
and leaving the mine mere shell, in ma
grant violation of the injunction.
lie demanded that the court bring in
the soldiers of the United States army, il
the court found itself powcrlcss TO assert
its authority and enforce the injunction
against the Montana Ore Purchasing COM
pany, and thus vindicatc its authority.
Mr.. forbs said tha, the defendants in
the case were no, only violating the in
junction and mining the enjoincd ore
bodies, but were destroying all traces Of
their work and covering their trail behind
them.
The hearing was held in Judge
Knowles court, and the Butte Il Boston
company finished putting in It's testimony
before noon.
The proceeding is in the old Michael
Daviti case, which Is to be tried again in
the future, and the plaintiff, the Butte &
Boston company, asks for an order al
lowing il 10 inspect. survey and examine
the workings Of The Rarus mine and the
Michael Davilt claim, in order to make
sure Of whether or not the Injunction, for
L.. "a t...I. ~.
ledges IN the Michael Davitt claim is be-
ing violated or not, and also to secure
information Of the conditions in the
ground for use at the trial.
When the plaintiff had completed its
side of the case. Judge McHattcn, for
the icinzc side, moved The court to dis
miss the application for the inspection
and to deny tho inspection. But Judge
Knowles. after hearing argument ON the
motion, ovcrruled il.
Then the IIeinze side opened its evil
dence and Frank l.. Sizcr and l.. A.
Stadlar gave testimony for the defendants.
Stadlcr was on the stand at latest ac-
counts this afternoon.
When the hearing opened in the morn
ing Civil and Mining Engineer George +.
Moulihrop took the witness stand for the
knew about mining in the Michael Dewitt
ground in violation Of the injunction.
What is your present enployment%
Mr.. Forbis asked him.
Il am foreman Of the Pennsylvania
mine he replied.
Are you familiar with the underground
workings OF the Rarus, Johnsiowl, Michael
Dewitt and Pennsylvania claims I"
"Yes, SIR"
"Ill ask you il you have heard the
sounds Of mining work going on there"
II have heard mining and the sound Of
blasting there at the east end OF the
Pennsylvania mine. 1t was near the south
side line of the Michael Dewitt, inside its
boundary" the witness replied.
"On what level was tlati"
II concluded from the sound that it
was ON the 900 level of the Pcnnsy-
vana That is 80 feet below the GOO level
OF the Rarus."
How long have you heard these
sounds 7"
For the last month continuously" Mr..
Moulthrop replied.
I'll ask you If you ever made a de-
mand on the Johnstown and Rarus com
panies for admission into their workings?"
MT. PoiDiS askcd.
Il made demand on Superintendent
Trerise Of the Rarus last July" was the |
reply.
"Whom did you represent 7"
"Ihe Butte K Boston and the Boston & |
Montana companies"
The witness said he had had authority |
from the state court, as Butte & Boston
Inspector, to inspect the underground |
OF all the claims involved for
three years, but had been shut out Of |
The workings last July by Trerisc. He |
said that Trerise was shown the order
of the court giving him authority to enter
he mines heretofore, but Trcrsc refused
10 any longer honor it, The order was
one from Judge Clancy which Heinze
had abrogated last July, about the time
Trerise shut the witness out of the
ground
"IIave yon ever been in those work
ngs since that ttnes" Mr.. Forbis asked.
SNot sinac alsN the Grst Of July" the
witness replied.