The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-28
Find More Evidences of
t. Looting of the
: Mine by Heinze.
Vein is NOT EXEMPT
Enargite IS Fully Covered
By Order-Develop-
mentS to Come.

The second trip of inspection 20 the in
Saturday afternoon by the federal court
inspectors developed further violations Of
the injunction covering the property.
The inspectors on Saturday measured up
the ground from which the ore has been
taken by the employees OF lIcinlc and they
estimate, from these measurements and
the character Of the ore shown, that about
S3oo, 600 worth oi ore has been taken from
one place IN the mine
The inspection also developed a number
OF concealed Slopes, well worked out and
boarded up excavations from which the
rich ore has been taken IN an evident at
tempt to gut the property Is rapidly as
possible
Employees Of llcnzc are credited with
the statement, IN attempted excuse of their
proceedings, that the Butte 4 Boston peo-
pie are barking up the wrong tree" and
that 1t will be found that no order Di the
court has been violated.
Mo Order OF the Court
When asked about this today IT, V.
Wnchcll, one OF the surveyors who de-
clares that the court order is being vio-
lated, produced the original Of the order.
made by Judge Knowles in the United
States court IN May, 1903, to subsiantiate
his statement. This order is now in iull
force aud effect It says:
Nov, therefore, ii is ordered, adjudgcd
aud dccrccd thai preliminary injunction
be issued pursuant 10 the prayer Of the
complaiuants' bill herein, upon the COM
plainantS exec ting and hling a bond in
the aum Of 100000, 10 he approved by the
Judge Of this court, strictly commanding
and cnjoning the defendants, the Mon
tana ore Purchasing company Chile Gold
Mining company, John MacGlnniss Ed
ward l.. Whlmorc and Carlos WarGcld,
and lhcir and each Of their clerks, AGENTS,
servants, employees, workmtn and attor-
ncys and les ces, mlcr the pains and
penalties which may fall upon them and
each Of them in case ol dispbcd cncc, that
they forthwith ard until the further order
ol this court dcs5l aud refrain from min
ing ar cXtlacin2 any ores from within
the limits OF the Michael Dewitt lode
claim Lot No. .D1, situated in Silver
Bow comfy 81 &c oi Moliana, and which
is particularly described as follows:
Here follows the detailed description Of
the full Michacl Dewitt claim.
The order makes but one except on 10 the
injunction proy.i,ns. This cxccpts what
is known rs the north vein Of the prop
criy, a vein which is north Of the cnargitc
ycn--the vein from which the llcnze
employees are nov taking the valuable ore
and also rotrl Of the Windlass vein,
which lies north Of the enargilc vein.
The north vein was wOr@cd out years ago.
Enaroitc Vein Not Exempt.
II will thus be seen that by no con-
slrucion Of the order can it be held that
the cnargle VEN is excmpt from the pro-
visions Of the order. That order clearly
says that the defendants must not take
ore from within "uhc limits Of the Michael
Dewitt lode claim"
The Ilcinzc cmplpycs have declared that
lhcy have carefully let alone the Windlass
cain in the Michael Dewitt as that is
covered by an injunction issued out Of
fudge Cancys court When asked about
this today the Butte y Boston people said
that the statement, while probably true,
was made 10 cloud the controversy in an
attempt 10 deceive the public They point
out that the Windlass vein injunction has
nothing whatever to do with the injunc-
ton which they assert the lleinle em-
ploycs are now yiolating--thc federal
court injunction quoted in the foregoing.
Inspectors Go Down Again.
This afternoon the inspectors and sur
yeyors are continuing their examination
Of the Michael Dewitt through the Rarus
shaft. One OF the inspectors John ID.
Pope, who was prevented by illness from
going down previously, accompanied the
party.
II is interesting to note that in the
original order, quoted in the foregoing,
Carlos Wariicld is named as one OF those
against whom the order runs. Mr.. War
field happens TO be the state agent Of the
Johnstown Mining company. 1t will be
remembered that in the attempt to cvadc
the orders of Julge Knowles, attorneys
Tor IIcnzc set up the defense that llcinze
has given title to the Rarus shaft to the
Johnstown Mining company and that the
Johnsiown is not legitimate party to the
order Their defense, in other words was
that the Johnstown company was doing the
things complained Of. This may make it
interesting for Mr., Warield when the
contempt proceedings come up.
Further, it will be noted that the at
torneys Of the defendant are included in
the Injunction order. This may make the
contempt proceedings still more interests