The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-11-17
Will BE TakenUp Again on
Ihursday-Inspection
in the Meantime.
IN VOL YES LEDCES
Contempt Trial Really Is
to Determine Owner
ship of the Veins.

IT was demonstrated in Judge tlaucy's
court llls morning that the court will hold
what viii be practically a second ifial of
the big Pennsylvania mining case. IN which
the Montana ore Purchasing company IL
the plaintiff and the Boston 4 Montana
company Is the defendant.
he ease was originally tried III Judgc
'lancy's court III the fall OF laoo. the
complaint having been filed in the spriup
~ that year. Judge Clancy rendered de.
clslon ~ the case carly IN the year Of
ZOO, and gave Ilcnzc certain veins oi
one III the pcnnsylvani, ground and
awarded him an injunction against the de
tcndani commanding the latter not =,
mine those veins
Modified by Supreme Court.
The defendant The Boston & Montana
company appealed 10 the supreme court,
and that tribunal about year later. mod
flied Judge Clancy's decree. The moJiG
cation allowed the injunction in the case
against the defendant company 10 stand IN
a certain form. limiting il to certain
VEINS ~ the northern part Of the P,nnsyI-
wanna clam, the southernmost OF which
was called the Johustown Discovery vein.
About month ago the Montana ore
Purchasing company brought coniempt
proceeding ~ the case against the defend
ani and some Of its officials, namely Gen
eral Manager Charles W. Goodalc, Assist
ant Manager b. IT, Dunshce, Supcrinicud
ent J. {. Adams and Foreman George
Moullhrop, charging them with having
violated Judge Chncy's Injunction by min
Ing III the cnjoncd veins and extracting
ore thcrcirom.
Hearing Often Delayed
Ihc hearing on the order to show cause
directed 10 the defendants in the contempt
matter was delayed from time 10 time til
this morning, when il finally opened.
The mining which The defendants have
been dong Is upon veins IN the southern
part Of the Pennsylvania claim and nine.
upon veins south OF those put under the
Injunction, and yet the defendants are
accused oi contempt and violation Of
the courts order.
When judge Clancy opened the proceed.
ing this morning Attorney John t. folbis
moved to quash the proceedings upon
number Of grounds, The order 10 shoy
cause having been issued upon an affidavit
made by lleinzc6 superintendent Of the
karus mine, ]. H. Trersc.
Mr.. Forbis principal ground was that
~ ''''''hH' pI'N''llIlb was UIhtlliilly an
effort upon The part Of lIcinzc TO try
the Pennsylvania case over again, as 10 the
question OF the ownership Of the ore
bodies, and that that could not be done in
a contempt proceeding.
Refuses to Quash.
Judge Clancy refused to quasl The ac-
ton however, and il was agreed that there
shall be six witnesses upon a side, and
4 m
witnesses will enter the underground work
ngs OF the Pennsylvania mine and ex-
anime the developments for the purpose
Of giving testimony.
In view OF this it is probable that the
trial will take two weeks or thercabout,
and in large part repeat the original Penn
sylyania trial, which lasted two months
and half The hearing Xviii be held
against the defendants objection that the
issues presented cannot be properly tried
III such proceeding.
This morning the only part Of the pro-
ccedin8 heard was the motion TO quash the
contempt matter made by the Boston &
Montana company and oyerrued by Judge
Clancy. The arguments upon the motion,
made by Attorney John f. forbs for the
Boston 4 Montana company and by J. NJ.
Denny for the Heinzc company, lasted till
tf.3o O'Clock this forenoon.
Continued to Thursday.
At that time, after an agreement us TO
the number of witnesses and the proposed
inspection had been reached by the court
and the lawyers, the hearing was continued
till Thursday morning At 10 o'clock At
that time the trial will open in earnest.
When the case was called this morning,
judge Clancy said:
well, we got here OH the docket the
case 1887, Montana Ore Purchasing COM
pany against the Boston & Montana COM
pany. Forbis & Evans are for the de-
fendant, and Judge Mediation for the
plaintiff. | don't see Judge Mediation
present"
Attorney ]. A. Denny rose and stated
he represented the plaintiff, and his name
was entered in the case. The court asked
him and Mr.. Forbis, who was present to
represent the defendants, ii they were
ready TO proceed. Mr.. Forbis, at this
point, inquired into the courts view Of
lis qualification to hear the case. Said he:
"On previous occasions your honor said