The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-16
Boston q Montana Goes
Into Supreme Court to
Get An Injunction
$400,0OO TAKEN OUT
G. w. Goodale and A. j.
Shores File AnidavitS
Ore Being Mined
SPECIAL ro rur INTER MOUNTAIN.

Helena, Dec. i6--ln the supreme court
yesterday motion for an injunction was
made IN the Minnie llcaly case, which
contains many sensational statements in
reference to the way lIcinlc has been tal-
ing ore from the mine. II is accompanied
by the aiiidaviis OF Charles W. Goodalc
and Arthur J. Shores. |, was filed by w.
w Dixon, A. j. Shores. C. i. Kelley and
forbis & Evans. The application will bc
heard on Saturday. II is as follows:
Now comes Miles finlcn, the above
named plaintiff and appellant, aud upon
his petition and the afdavits OF Charles
w. Goodae and Arthur J. Shores, hereto
attached. and the transcript upon appeal
from the judgment entered in said cause
upon the 2sd day OF October, 1903, moves
the court for an order Of injunction, re-
straining the defendants, and each of
them, from mining or removing any ore
from the Minnie IIcaly quartz lodge mining
claim, and from any vein having its apex
top OF apex therein pending the appeal
from the judgment aforesaid, upon the
ground that such injunction is necessary
to preserve the property 10 answer to the
judgment of this court upon said appeal
and 10 enable il TO fully exercise IT'S ap-
pclaic jurisdiction III said cause, and 10
prevent waste and destruction OF the
property pending the appeal, which, if
permitted, must make Intellectual the final
judgment Of this court upon appeal il the
appellant should prevail thereon"
The affidavit Of Charles w. Goodalc as
sistant manager Of the Boston & Montana,
sets forth tha, after the decision Of the
supreme court reversing the judgment en-
tered in favor Of the defendants by the
Silver Bow county district court mining
operations were resumed by i. Augustus
IIcinzc in the said claim, to-wit: About
the roth day OF August, 1909"
And" proceeds the affidavit, "aliiant
further says that between the date Of re-
sumption Of such mining operations and
this, thc Ijth day Of December, 1903, the
said llcinzc had mined and raised, or
caused 10 bc mined and raised from the
mining shaft Of the Minnie Healey lode
claim, ore which the said IIeinzc claims
to have taken from the said claim and
belonging thereto to the amount Of about
$4,000 tons. That the net value OF the
ore so mined and removed from said claim
through thc shaft aforesaid and within the
period aforesaid, after dcducting costs Of
mining, transportation, smelling and other
treatment and sale, has exceeded the sum
OF $3.50, 900, and, according 10 the atlantis
best information and belief, has been ap-
proxima,ely the sum OF 100000.
"Ailant further says that the mining
operations aforesaid are at the present time
being actively conducted and said lleinze
is removing or causing to be removed
Though the shaft aforesaid. ore containing
copper and silver to the amount OF about
500 tons per day and the said Ilenzc
threatens, unless restrained therefrom, to
n,intpn .n.rltinnQ Inr;p,S
the pendcncy Of the appeal in the above
cause"
The affidavit Of Arthur ]. Shores, Of
counsel for the plaintiff and appellant in
the action says that he is familiar with
the entire proceedings. Further it de-
clares "that he is OF the opinion and has
50 advised the plaintiff that the Judgment
rendered in said cause on the 22d day of
October, 1903 in favor of IT, Augustus
IIcinzc and against the plaintiff is crronc-
Gus, and that by reason both Of errors in
law occurring upon the trial and OF the i'll
sufiicicncy OF the evidence to justify tho
findings OF the court below the same ought
to be vacated and set aside upon appeal.
"Ailiant further says ,hat the said Min.
nie Ilealy quartz lode mining claim is
valuable chiefly for the deposits OF ore
and quartz therein that since the decision
Of this court in the month Of July,
1903, whereby the former judgment Of the
lower court in favor Of the said i. Angus
tus Hcinze was reversed, and for many
months last past, the respondents have,
with a large force Of men, been continu-
ously engaged in mining and Stopping ores
from said claim and removing and convert
ing the same to their own use that such
removal and conversion have been con-
tinuous day by day for several months pre-
ccdng the present time that the appellant
has no security whatever against loss in
case he should finally prevail in said cause
other than the pecuniary responsibility if
there be any Of the rcspondcnts that IL
the respondents are solvent and should SO
remain, the appellant has no means of
asccrtaining with certainty the value or
amount of ore taken out and converted by
them, and whatever redress he might OBJ
tain would depend upon the testimony of
witnesses friendly to the respondents and
the correctness OF accounts kept exclusively
by the respondents; that as appellant is
informed and believes, it will be at least
IS months before said appeal can be heard
by this court, if il is taken up in its proper
order, and that by that time the mine will
be in great measure exhausted.
"Afiant further says that the appeal in
this case is taken in good faith and not
for the purpose of delay