The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-14
Boston & Montana May
Now Inspect Minnie
Healy Mine.
IMITATION TO APPEAL
Order Granted by Clancy
Is imperative for Next
Ten Days.


order giving the Boston 4 Montana Mining
company leave to inspect the Minnie Healy
mine for the period of 10 days. The terms
of the order allow the Boston 4 Montana
company to make the inspection with six
men.
Judge Clancy, however, granted stay
of judgment in the matter for the period
of 10 days in order that the +. A. Heinze
and the Johnstown Mining company, the
plaintiffs in the suit and the respondents
in the inspection proceeding, shall have
time to appeal the matter to the supreme
court before the Boston < Montana COM
pany shall secure any benefit from the
order.
Follows Full Hearing.
The judgment of the court in this mat
ter followed hearing several days in
duration, the hearing coming to an end
this forenoon, when the order for the in
spection, examination and survey was
made and then supplemented by the stay
of execution.
The attorneys for the Boston & Mon
tana in the proceeding were c. r. Kelley
and l.. 0. Evans; the United Copper COM
pany was represented by ]. ]. Mediation.
The lawyers argued the matter before
Judge Clancy this morning the whole pro-
ceeding today being the argument and de-
cree Of the court.
Mr.. Evans opened the argument. He
was followed by Mr.. Mediation and Mr..
Kelley closed.
Tomorrow morning the attorneys for the
Boston Montana company will bring the
tha ..,,a
court and Judge Clancy will sign it.
1t will not be operative, however for 10
days, and in that time Mr.. Mediation will
take it to the supreme court on appeal and
try to have it reversed.
The Boston & Montana petitioned the
court for the order OH the ground that it
was indispensable to the company for
several reasons. The company, while
shut out Of the Minnie Healy, could not
tell whether its ores in the Gainbetta and
Piccolo claims were being taken by the
United Copper company or not.
1t needed the inspection for the pur-
pose OF discovering how this matter stood
also for other purposes-to prepare for
the Minnie Hcaly trial and to meet the
charges of having violated the injunction
orders of the court in the cases between
the parties and involving the preservation
Of the ore bodies in dispute.
When Mr.. Evans took the floor to ad-
dress the court he said in part:
IF the court please, | shall be brief
in this matter, because your honor is
familiar with the subject matter from
many hearings. This is an application by
the defendant in the suit for survey,
inspection and examination Of the prem
ises in dispute.
Supreme Court Ruling.
"1he supreme court has settled the law
in the matter Of such applications. The
trial courts power is simply limited to the
needs of the parties.
"The history of the conditions into
which the defendant has been plunged by
this matter will show the defendant is
entitled to the relief asked. The ore
bodies in dispute are not only under the
surface of the defendants claim, but the
apices are within the claim lines of the
defendant.
I'm a previous proceeding the supreme
court said the plaintiffs evidence was in
sufficient to entitle them to the ore bodies.
Nevertheless, the plaintiffs have persisted
in going into the Piccolo and Gambetta
claims and extracting the ore bodies.
Blocked by Injunction
"Wc did everything we could for the
preservation of these ore bodies intact till
the determination OF these disputes by the
courts, but we have been blocked by in
junction orders and other proceedings,
while the plaintiffs have gone into the
mine just the same.
"Not satisfied with the supreme courts
decision, two weeks ago they got another
injunction stopping the Boston & Mon
tana company from going into the mine.
AS soon as that happened they rushed in
and took possession of the Boston G. Mon
tana slopes to mine the ore bodies them
selves.
"Now il there is any ground in exist
ence that will cntitle party to an in
spection it exists in this case.
"We are entitled to an inspection on the
ground that they are wasting our ores.
''We are entitled to ain inspection on the
ground that ii is necessary to us in pre-
pairing for the Minnie Healy trial next
Wednesday.
To Meet the Order.
1--WE are entitled to it to meet the show
cause orders set for hearing before this
court on the same day.
"Our evidence shows that there have
been no additional workings made by us
since the order Of the supreme court was
made. If there are new workings we
know nothing about them, and we are en-
titled to an inspection and survey to dis
cover what they are"
Then Mr. Evans read law from several
to support his position. The ar
guments of the other lawyers followed,
and the matter was submitted to the court.
with the result stated above.