The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-10
Dismisses the Injunction
Proceeding Against the
United Copper.
TURNS DOWN ORDER
His Honor Sustains the
Motion Made by Attor-
ney Mediation.

Judge Clancy this morning dismissed
an order to show cause why all injunction
should not ISSUE brought by the Boston
Montana company against the United
Copper company in the person Of +. A.
Heinze and the concern known as the
Johnstown Mining company, to prevent
the United Copper company from mining
and appropriating ore in the Piccola and
Gambetta claims, which claims belong to
the defendant.
The dismissal of the order to show
cause was granted by the court upon the
motion of Attorney Mediation for the
United Copper company. Mr.. Mediation
moved the dismissal OF the order to show
cause OH the ground that the application
for ii was not sufficient.
Secured From His Honor.
The order to show cause was secured
from Judge Clancy couple Of weeks
ago by the attorneys for the Boston &
Montana company. This morning was
the time set for its hearing. There was
no hearing, however, and the proceeding
came to sudden end after the motion
had been argued, the courts dictum put
ting the matter out of court.
The order to show cause was secured
upon q petition and afildavits filed by the
Boston K Montana company in which it
was alleged that the plaintiffs, +. A.
Heinze and the Johnstown Mining COM
pany, were mining and appropriating ores
from a vein within the lines Of the Pic
cola and Gambetta claims the petitioners
property.
Under Injunction.
The pleadings also alleged that the same
ore bodies were under the injunction OF
the court at the time, an injunction for
biding the Boston & Montana company
from mining them. Both the plaintiffs and
the defendant claim the deposits. The in
junction referred to had been secured by
the plaintiffs heretofore, on the ground
that ii was necessary to preserve the ores
from waste, yet, in spite OF it, the plaint-
ifs were mining the ores themselves.
Besides the show cause order for the in
junction, disposed OF by Judge Clancy OH
Mr.. McHatton's motion, there was show
cause order for an inspection of the work
ings Of the Minnie Healy mine OH the
same vein.
Stricken Out.
A part OF the matter in the Boston
Montana's application for this order was
stricken out by Judge Clancy in the fore
noon, and the hearing had not been
reached at noon. The order striking
was made upon the motion of Mr.. McHat-
ton, who objected to the part referred to
and had it stricken accordingly, the court
sustaining his motion after hearing argu-
nents.
The proceedings was then continued till
half past three o'clock this afternoon.
Attorneys c. r. Kelley and l.. Orvis
Evans appeared for the Boston & Montana
company at the hearing in the morning.
Mr.. Mediation represented the Heinze
side.
Kelley to the Court.
When the hearing opened Attorney c.
+. Kelley, for the defendants in the suit
and the petitioners for the injunction and
survey, stated the situation in the suit to
the court.
In the complaint, he said, the plaintiffs
allege that they own what they call the
Minnie Healy north vein, and that the vein
dips northward down into the Piccola
claim, the property of the defendant, and
that the latter had entered Oh the vein
and was carrying away the ore.
The plaintiffs sued to recover title to
the vein and the possession of the ore
bodies in it, and to enjoin the defendant
aioii NoihihS 'HS 'Si''
Restraining Order Carried.
A restraining order and then tenn
porary injunction pending the suit had
been issued by the court in favor of the
plaintiffs. This injunction covered the
so~called Minnie Healy north vein and the
Leonard vein, the latter the undisputed
property of the Boston & Montana COM
pany
The supreme court modified the injunc-
tion granted by Clancy against the Boston
Montana company, SO that the Leonard
vein was released. The new order of
Clancy, according with the remittitur of
the supreme court, enjoined the Boston &
Montana company from working a certain
vein in the Piccola claim, not the Leonard
vein.
Plaintiffs at Work.
Mr.. Kelley Said: "The plaintiffs, not
withstanding they enjoined the defendant
from working the vein in question in its
own ground, for the avowed purpose OF
preventing the wasting of the ores in dis
pute, have themselves entered within the
enjoined planes and are working there.
THE case presents the anomalous situ-
alton, where the plaintiffs, having through
the courts order tied the hands of the
defendant, are themselves working the
vein.
"The defendant petitions the court to
enjoin the plaintiffs in the same manner
the defendant is enjoined."
Motion to Dismiss.
Mr., Kelley read the petition, and then
Judge Mediation, for the plaintiffs, made a
motion for the dismissal of the order to