Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-09-09
Famous Mining Suit Involving Eight
Million Dollars Worth OF Prop
erty 10 Decided.
BILL OF EXCEPTIONS is FILED
Anaconda and Washoe Companies
viii Fight the Case TO the Last
Resort.

by the attorneys Tor the plalntlfls, j
J.. Hatton and James NJ. Denny, were
adopted without any changes In the
way Of alteration, additions or elimi,
nations, and all the findings of fact
and conclusions of law as presented
In behalf OF the defendants, the Ana
conda company and the WasLoe com.
pany, were rejected. The courts ac-
ton was a complete victory for the
Heinze interests, nothing being gain.
ed in any manner by the defendants.
The property invQled is estimated TO
be worth about $40. 100000.
At the conclusion of the reading of
the findings, Attorney Kelley, on be-
half of the defendants, was granted
time to file a bill of exceptions to the
action of the court in adopting the
hndings as presented by the plaintiffs.
n rejecting each and all of the de.
tenants findings.
'aA vi A"'N WIN ltdu uN
the court as follows:
That at the time of the commence
ment of this action, and prior there
to, the plaintiffs were the owners, in
possession and entitled to possession.
OF an undivided 3l-3Gth OF the Nipper
lode claim described in the complaint
herein and all the veins. leads, lodes.
Lodges and ore bodies having their
tops or aDices therein and belonging
thereto as alleged in this complaint
That the defendant, Anaconda
Copper Mining company was a the
time OF The commencement OF this ac-
ton and prior thereto, the owner, In
possession and entitled to the pos.
session of the other undivided 5.36ths
thereof.
That the defendant Washoe COP.
per company was at the time of the
commencement of this action and
PRIOR thereto, the owner and entitled
TO the possession of the Oden lode
claim, under and by virtue of a pat.
ent from the United STATES, to the ex,
tent of the rights conveyed by said
patent.
That the said location of the Nip.
per lode claim was prior in point OF
time to the location of the said New.
ersweat lode claim. and to the said
Oden lode claim. and the United
States patent for the Nipper lode
claim was issued prior to the patent
for said claims.
That within the boundaries of and
upon and beneath the surface of the
said Nipper lode claim is a certain
vein of quartz. in place and other rock
IN place. bearing copper, silver and
other valuable metals and known as
the Nipper lode. and that said apex
OF said vein extends through the
length of said Nipper lode claim, and
is substantially parallel TO the side
lines of the same and passes through
the end lines thereof, and is intersCCt
ed by said end lines, and that the
same so far departs from a p%erpendic-
ular on It's downward course as to ex-
tend outside and beyond the vertical
plane of a southerly side line of said
Nipper lode claim and the ground to
the south OF the said Neversweat and
Oden lode claims, and that the same
in its extension into the earth from
its apex downward contains valuable
metals of copper and silver.
That the course OF the apex of said
vein at the surface of the Nipper lode
claim is rs substantially represented
by what has been called plaintiffs
map, introduced in evidence herein.
That in the easterly part OF said
Nipper lode claim there is a prong OF
the said Nipper vein, developed in
what has been referred to in the tes'
timony as the north sixty drift. That
said prong or portion of said vein has
its apex entirely within the Nipper
lode claim TO a point seventy feet Ia
the east and northwest corner of the
Anaconda lode claim and dips TO the
south. entering its dip west of the
said point of crossing beneath the sur
face of said Anaconda lode claim.
The eighth finding of fact relates
to a ~fissure, designated in the testi
mony as blue Y fissure," extending
A. in a northwesterly direction
through the south side line of the Nip
per lode claim. II is found that at all
points beneath the surface of the Oh.
en- lode claim, the Neversweat claim
and the ground to the south thereof
wherever the said Nipper vein has
Leen exposed and wherever said blue
X assure exists. ii is within the walls
Of the aforesaid Nipper vein. and thai
all ore existing between said walls
is a part of and belongs to said Nip
per vein.
1t is found in the ninth finding Of
fact that the plaintiffs were owners
and entitled to possession at the time
of the commencement of this actor
not only of 31-36ths of the said Nip
per claim, but also of the exterior por
lions thereof.
The tenth finding of fact is as fol
lows:
That prior to the commencement
of this action. the defendants had en-
tered upon said Nipper vein and min.
ed ores therefrOm, beneath the sur
face OF the Oden lode claim and the
Neversweat claim, particularly by
means Of the 300, 400, 600 and zoe
foot levels and the workings of the
Neversweat claim, and were threat.
ening and intending, at and prior to
the commencement of this action, to
enter upon the exterior portions OF
the said vein belonging to the plain
tifs, and to mine and to carry away
the ores and minerals therefrom ant
were asserting ownership to all The
exterior portions of the vein, and de
nying any right to the plaintiff there
to, and to any OF the ores and miner
ais therein contained, and we're claim
ing the right to mine and extract, car
ry away and convert the same to theiI
own use"
The eleventh finding OF fact is al
follows:
THE court further finds that all thu
material allegations of the complain