The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-03-31
HEINzE GIVEN
HEAVY FINE
Federal Judge Requires the
Magnate to Pay $4,000 for
Violation of an Injunction
OTHERS ARE PUNISHED
Order viii Be Obeyed' and
1t Is Improbable That Mine
Work VIII Be Delayed

BUTTE, Mont, March 3O.-F. Angus
tus Heirze, the Montana copper mag
nate; a L. Frank. superintendent of
the Johnstowu Mining Company, and
J. II. Trerise, superintendent of the
Rarus mine. Heinze properties, were
found guilty of contempt of court by
Judge Beatty in the United States court
to-day in the action brought by the
Butte and Boston Mining Company
against the defendants for entering the
Michael Davitt lode claim and extract
ing therefrOm valuable ore on what is
known as the enargite vein. Heinze
was fined $4,000. while Frank and Ire
rise were fined $1,000 each, the fines TO
be paid by II o'clock tomorrow Thurs
day. morning, or the defendants are
70 be taken to Helena in custody Of
the United States Marshal and con-
fined until the fines are paid.
Judge Beatty's reservation of decision
on two Of the three counts has the
effect Of keeping an Imprisonment SEN
tence hanging over HeiaZe. Hepresen-
tatives Of the Heinze and Amalgamated
Copper Company interests held a. con-
ference this afternoon and an. attempt
will be made to agree on a board OF
inspectors. 1t is net thought that the
decision viii have the effect of closing
down any mine OF throwing. any: men
out Of work -.
The litigation WHICH resulted .in;F:
Augustus Heipze. being sfned to-day is
OF four years standing and:is over the
Michael Davitt claim. adj6inipg:. both
the Rarus mine. owned by He3nze, and
the Pennsylvania, owned by the Anal
gamated Copper. Company Jn- tne Fat.
ter part of 1899 the. claim was PIT ur-
der injunction :by Judge knowles. of
the Uniteds States District Court, both
parties to the suit being 'enjoined. pend
ing decision. as to title, which decision
is still pending tTp'' to June Of last
year both parties observed. the .injunc-
ton. Then. the Heinze' cOncernf owrf-
ing the Rarus, il is alleged, began to
mine the claim, in. open; violation. of
the courts injunction Federal fnspecs
tors appointed by Judge Knowles were
refused admittaHce to the. Rayus.
wheuce they wished. :to get: into the
Davitti exGh sThen guided. by. limited
States Matshal Lloyd. Then Circuit
Court Judges called in Judge Beatty
to decide whether or not the orders of
the Federal court: had been'ivfolated.
Three weeks ago Hein%e. Trerise and
Frank weres arrested by Marshal Lloyd
on Judge KncS9les' srder, after they
had refused the Marshal and Federal
inspectors admission to THE mine They
were allowed to go on parole UNTIL
Judge Beatty could get here.
The text of the decision shows that
the fine is practically deposit pend
ing final adjudication of the ore bodies
in controversy. In an interview this
Afternoon Judge Beatty said: Should
later developments in the trial of the
case prove that Mr.. Heinze is entitled
to this ore the money should be re-
turned to him, or at least a part of it,
but 1 believe in any event he should
nav a fine for the violation of the in
junction order. Should the plaintiffs
be entitled to the ore 1 believe the
money should be turned over to them
TO apply on the payment of the judg-
ment'