The Butte inter mountain., 1903-11-06
N. 0. P. COMPANY
TO APPEAR TODAY
JUDGE NOTATION WILL COME INTO
JUDGE KNOWLES COURT IN
SHOW CAUSE ACTION.
DATE is NOT SATISFACTORY
Attorney for Heinze Petitions for More
Time and When 1t Is Refused,
Chooses to Talk Today.
ontinued from Page Onc.)

Knowles is anxious TO dispose Of as many
matters here as possible before leaving.
Next Tuesday is the day granted the M.
Q. p. company to apply for writHof
certiorari in the United States court sof
appeals in connection with the switching
OF the Johnstown property from the NJ. o.
p. company, and after the matter is heard
in San Francisco it will be taken up
again by Judge Knowles in Helena.
If the writ is denied and there is little
doubt that it will be, it will then be TIP to
Henze to show cause why he should not
be sent to Jail for his high-handed van
dalism and contempt of the courts two
orders, one an injunction and the other
and order of survey, both Of which seem
TO have no more effect on the NJ. O. 7.
company than water on a ducks back.
In order TO ascertain the extent of the
trespass of the NJ. .. Z. Co.. the Butte &
Boston asks to be allowed to crosscut
north from Michael Dewitt shaft on 100
foot level, distance OF 90 feet on plane
of Rarus east end line; crosscut north 90
feet on I34-foot level of Michael Dewitt,
at a point 90 feet west from Snohomish
west end line, and raise from this crosscut
10 3o-foot level Of the Michael Dewitt
crosscut north at point in No. S raise
80 or 30 feet above 40 level of Michael
Dewitt to intersect what is known as 77a
raise; crosscut in southwestery direction
on Michael Dewitt 2Io-foot level, from
Michael Dewitt shaft, a distance of 20
feet IS
To Extend Drift
II is further asked that the Butte &
Boston company be allowed to extend n
drift westerly to west end line of the
Michael Dewitt and raise from drift so
extended to Michael Dewitt I34-foot level.
Then extend ao3 drift westerly to connect
with Snohomsh raise. Crosscut south
westerly from present face of zo3 drift
west. rs feet, and from crosscut drift east
erly to connection with 2o3 in Michael
Dewitt, and drift westerly to Pennsylvania
east end line, raise to Michael Dewitt I34-
foot level from these drifts. Crosscut
southwesterly from a point 100 feet back
from present face of 4o3 drift west, dis
tance of rs feet drift westerly from the
crosscut to Michael Dewitt west end line,
and easterly to connection with 4o3 drift.
Raise from said drifts to Berkeley second
level. Then crosscut northeasterly from
present face of 428 east drift to intcrscct
the Michael Dewitt west end line at a
point 200 feet north of the south sideline
oil the Michael Dewitt III the same dlrectlon
so feet. Drift easterly from crosscut $50
feet and raise from drift to Berkeley sec
ond level.
II is further asked that permission be
given to extend drift No. COS westerly 900
feet and from point in the drift extended
40 feet from the present face, crosScvt
southwesterly Ia5 feet then drift westerly
to Michael Dewitt west end line, and east
erly to connect with DRIFT No. Cog also
raise from the westerly drift to Berkeley
fourth level.
Into Pennsylvania.
1t is proposed then to go into the Penn
sylvania on the 9th leved and extend cross
cut No. 638 north into the Dewitt, parallel
to and east OF the Dewitt west end line a
distance of $50 feet from the present faec
Of the crosscut then drift eastery from
crosscut No. 638 about I8o feet north from
south side line of Michael Dewitt for a
distance of $50 feet and raise to the
Pennsylvania 4th level Then, entering the
9TH level of the Pennsylvania it is pro-
posed to start at the intersection of drift
| No. 7I2 and the Pennsylvania east end line
extended, crosscut north parallel to and
east of the west end line of the Dewitt
27s feet then drift easterly from crosscut
| at point between I5o and 40 feet north
of the south side line of the Michael
| Dewitt, and raise to the 9th level of the
Pennsylvania.