The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-10-07
JUDGE CLANCY AND
SHOW CAUSE ORDER
HIS HONOR HEARS HElNzE'S PETl-
TON TO ENJOlN 40 FEET
MORE OF LEONARD.
PORTION ALREADY ENJOINEO
Construction OF the Order From the Su-
preme Court Modifying Older Judg-
ment by Clancy Involved.

At II o'clock today Judge Clancy began
hearing an application for an injunction
made by the plaintiff against the defend
ant in the case of L. A. Heinze against
the Boston & Montana Mining company,
and Involving the lodges of copper ore
in the Gambetta and Piccolo mining
claims, which constitute part of the
Leonard mine north of and adjoining
the Minnie Hcaly mine.
Heinze wants the court to construc an
injunction order Of the supreme court in
way that will prohibit The defendant
company from working strip OF its terri
tory in the Piccolo and Gambetta claims
about 10 feet wide.
Modified by Supreme Court.
The Boston 4 Montana company is
already enjoned from working strip
OF the Leonard mine territory about 100
feet wide which adjoins the Minnie lIeaiy
on the north, the injunction having been
originally issued by Judge Clancy and
modified by the supreme court. In the
form in which it came from Clancy's
hands il practically enjoined the whole
mine. After the supreme court had
trimmed il down it covered only the 100
feet referred to-
Now Heinze wants to stretch the in
junction so as to take in 40 feet more
ground 10 the north OF the already en-
joinedss territory and that much further
within the lines of the defendants mine.
The whole proceeding hinges upon the
construction OF the modifying order Of
the supreme court. The supreme court
ordered that the perpendicular injunction
plane which should run down into the
earth and divide the Leonard mine into
enjoined ground and unenjoned ground
should be drawn east and west across the
Piccolo and Gambctta claims, which
largely blanket each other.
The point where this line should he
drawn was fixed as that point where the
800 level of the Leonard crosses the Gam
beta north side line south of the Leonard
shaft.
According to the construction of the
Boston Il Montana company, this point is
about 100 feet north of the south side line
of the Piccolo According to Henzc's
contention, il is about I4o feet north OF the
side line named
B. G. M. Ground. b,
The Boston Montana determines its
| position OF the question upon the ground
| that its main level crosses the line at the
| point 100 feet north Of the line.
Heinze determines his on the ground
| that there is a small northwesterly drift
from the main south crosscut which crosses
! the line southwest Of the shaft. He wants
| to pitch the plane at this point.
In the proceeding whose hearing began
before Judge Clancy today the trial cour,
is asked to issue new injunction cover.
ing the 40 feet OF disputed territory. This
is done instead of the taking of the ques
ton OF construction directly TO the su
preme court.
The hearing did not get very far today
| Alfred Frank, one of Heinze's surveyors
was the only witness OH the stand in the
| forenoon, and in the afternoon the hear.
ing did not open till after ago o'clock.
The delay in the afternoon was caused
| by the absence of Judge Mciiaiten. Th.
court waited for him to transact some
business with the county commissioners.
When the hearing opened this morning
| Judge McHatten read the affidavit OF Al
| fred Frank, a surveyor employed by the
| plaintiff, Heinze, and upon which the APP
| plication for the injunction was based.
The affidavit alleged that the b. K NJ
| company is extracting ore in the Piccolo
| and Gambetta claims belonging to a vein
in the Minnie Healy and burning powder
in the underground workings TO the dis
comfture OF the plaintiffs employees in
the Minnie Hcaly.
The lawyer stated that the proceeding
was begun August FL, 1903, and that the
hearing had been originally set for Sep
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