The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-04
RANCHERS BRING
SUIT FOR DAMAGES
MEN DOWN IN DEER LODGE VALLEY
GET AFTER SMELLING
COMPANIES.
CLAIM WATER IS POLLUTED
Injunction Is Asked Restraining Defend
ants From Further Poiluting
the Stream"

Hugh Magone, ranchman. living in
Deer Lodge county, and others com
menced an action in the federal cour, to-
day against several smelling companies
for alleged damages from the pollution of
the waters OF the Deer Lodge from their
smelling and concentrating operations.
The defendants are the Colorado Smelt-
ing 4 Mining company. the Colusa Parrot
Mining Smelling company, tile Parrot
Silver Copper company. the Butte n
Boston Consolidated Mining company, the
Washoc Copper company and the Montana
Ore Purchasing company.
The sum OF $4,000 damages is asked
as we'll as an injunction TO restrain the de-
PENDANTS from further polutng or poison
ing the waters Of saiu Deer Lodge river
Although the action is commenced in
Magone's name alone The other plaintiffs
join in the suit and help defray the ex-
penses.
The complaint filed by John A. Shelton,
attorney for the complaint, rccites in detail
the history Of the organization OF the de-
fendant companies, their period of opera
ton and the grounds for his alleged dam
ages.
1t also gives history Of Magonc's ac-
QUESTION OF his ranch and Of the water
right i'll the Deer Lodge river, which he
claims has been interfcred with by the
waste from the smelters.
Magonc sets up that he acquired from
the Northern Pacific Railway company in
September, 1901, the west one half OF see
ton II. township 6, north Of range west
Located in October.
William 5. Rosenbourough. according to
the complaint. located in October. 1866,
OH the north one-half Of the southeast
quarter and the south half of the north
west quarter OF section 20, township 6,
north OF range west. in time securing
title and transferring the land to the com
plainant.
John I. Hampstead. Patrick Boyle. Eli
d Israel and Peter Normandy, the COM
plant says. appropriated 1000 miners
inches OF the waters OF Deer Lodge river
~ 1902, dug ditch and used the water
for irrigation purposes. Hampstead and
Boyle were entitled TO one-third of the
water, which right they sold 10 the COM
plainant.
Continuing. the complaint rectes that
the waters Of Silver Bow creek and Warm
Springs creek flow into the Deer Lodge
river at point several miles above the
OF the defendants with the exception OF
the Washoc have deposited in the Silver
Bow creek talings which consisted OF pull
verized quartz and debris which the natural
flow Of the stream carried into the Deer
Lodge river.
The Washoe company, il is alleged has
deposited similar substance along the banks
Of Warm Springs creek which was also
swept down into the Deer Lodge river.
Poison in Solution.
Continuing, the complaint says that the
water from the said concentrators and
each OF them SO deposited contained pull
verified quartz and other debris in suspen-
sion copper, sulphur, animony and other
poisonous substances in solution, and such
puvcrized quartz and other debris carried
down and deposited in various places in
the beds OF such creeks, and such water
and debris from the smetcrs of said de-
PENDANTS, with the exception OF the Washoc
company has been deposited in various
places in the bed OF Silver Bow creek, and
has caused the bed OF the same in places to
be filed up and debris carried down from
the smelters and concenrators OF the said
defendants and each Of the same, and has
caused the bed of the said Deer Lodge
river III certain places to be partially filled
up. and in seasons Of high water has
caused the water from the said Deer Lodge
river to overflow its banks, and has caused
the said puverizcd quartz other debris to
be deposited upon the said above described,
in places TO the depth Of several inches,
and in said manner has caused The waters
of said Dcer Lodge river to be polluted
and impregnacd with poisonous sub
stances and the said water so carried down
on the land of said complainant is poison
Gus and injurious to ali forms Of vegetable
and animal life"
The complaint recites alleged grounds
for damages from different sources, for
which sums varying from $500 to $4,000
are asked, or total damages OF 5000
and an Injunction.
The matter will come up before Judge
Knowles on Tuesday.