The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-08-29
Judge Hands Down De-
ciSion in the Famous J
Nipper Suit.
ALL FOR PLAINTIFF
Defendants Ask for Exc
ceptionS and Will Go
to Supreme Court.

Judge Clancy this morning rendered his
decision IN the Nippcr mining case, re-
Gently tried before him, the United Cop-
per company being the plaintiff in in-
tefcst, under the title OF Hickey and
others, and the Washoc Mining company
and the Anaconda Copper company being
the defendants
Judge CIanoy's judgment was that all
the ores IN dispute in the suit belong to
the United Copper company.
The judgment was OF a blanket char
acter, covering everything. 1t was cons
tanned in - findings Of fact and one cons
chsion OF law.
The court returned all Of the indings
of fact and conclusions of law that the
plaintiffs asked him to return. and re-
fused to give any of the findings of fact
OF conclusions OF law which the defend
ants asked for.
The subject Of contention in the suit
was the ore bodies lying south OF the
Nippor claims south side line, under the
surface Of the Odcn and other claims,
which claims are owned by the dclcnd-
ants.
Claims Ore Bodies.
The United Copper company claimed the
ore bodies on the theory that they were
eXtralateral portions Of the Nippcr vein,
which they alleged had an existence in
the Nippcr claim and crossed it east and
west and dipped to the south through
the south side line
The defendants denied the Nipper vein
existed as the United Copper company
asserted, and denied that the plaintiifs
owned the ore bodies.
The defendants alleged that they owned
the ore bodies as parts OF veins apexinx
in their properties, and at the trial put
in overwhelming testimony to show that
the called Nipper apex and vein werd
hgments OF the Imagination, and that the
only vein in the Nippcr claim was the
Blue \ fault vein or assure.
Courtroom Is Crowded.
The news that Judge Clancy would de-
eide the Nipper case this morning evi-
IDENTITY had got beyond the parties in in-
tercst for the courtroom contained a num-
Der of spectators who had gathered there
TO hear the decision rendered
The court read the findings from
typewriter copy OF them, and at the end
Of the reading said
"1hc offer Of findings Of fact and con-
clusions OF law Of the defendants, ! have
marked each one refused
lie then instructed Judge MclIatton,
the United Copper companys attorney, 10
prepare a judgment and decree in accord
ancc with the findings and conclusions
read. and present it for his signature.
"Mr. Kelley, here are your papers, lie
concluded, returning the findings and con-
clusions offered by the defendants 10 C. II.
Kelley, one Of the counsel for the latter.
Asks for Exception.
Mr. Kelley then asked for a general ex-
ception 10 all the findings Of fact and con-
cusons OF law adopted by the court and
a particular exception to each OF them.
lie followed that by asking for gem
cral exception TO the judgment Of the
court denying the defendants finding and
conclusions. and particular exception to
the judgment applicable 10 each Of them.
The exceptions were granted, and Mr..
Kelley announced that he would delay
asking for further time in the case, and
the proceeding was over.
The defendants will take the case to
the supreme court.
Conclusions OF Law. J
The conclusions Of law Of the court.
giving the ore bodies in dispute to the
United Copper company, were as follows:
From the foregoing facts the court
concludes as matter of law that the plain
tiils are entitled to judgment herein
adjudging them to De the owners, in pos
session and entitled to the possession Of
81 undivided 36ths OF the Nippcr lode
claim as described in the complaint and
Of 81 undivided goth OF the exterior por-
tions of the said Nipper vein and the ore
contained therein lying within the planes
mentioned in the findings of fact that
Continued on Page Two)