The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-31
COPPER KING HE|NzE
FINED $4,000 AND TWO
OF HIS MEN $1,000 EACH
All Found Guilty of Contempt in
the United States Court at
Butte.
MUST PAY OR co TO JAIL
Charged with Entering the Mi
chael Davitt Lode Claim and
Extracting Ore.
MUST PAY OR co TO JAIL

BUTTE, Mont, March 30.-F. Augustus
Heinze, the Montana copper magnate, a. l..
Frank. superintendent of the Johnstown
Mining Company, and j. II. Treerise, SUI
perintendent 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 extracting
therefrom valuable ore on what is known
as the Ennargite vein. Mr.. Heinze was
fined $4,000, while Frank and Treerise were
fined $1,000 each, the fines to be paid by
IL O'Clock tomorrow morning defend
Sants TO be taken to Helena i'm custody of
the United States marshal and confined un-
til the fines are paid. Carlos Warfield, an
other defendant, was found not guilty and
discharged.
The Judgment applies only to the first
count against the defendants Judge
Beatty's reservation of decision the two
OF the three counts on which Mr. HeinZe
was charged with contempt in disobeying
former order of the court, that an
inspection of the Heinze mines be allowed
In order 10 permit of the survey of certain
ore veins, has the effect of keeping an
Imprisonment sentence hanging over Mr..
HeinZe. Judge Beatty announced, how
ever that Imprisonment order will be
issued If the fine is paid and there Is no
further violation of the courts orders. But
any infraction of the courts order for a
permanent inspection board of the mines
WILL he says, be severely punished. 1t is
not thought that the decision will have the
effect of closing down any mine or throw
ing any men out of work.
The litigation which resulted in w. Au-
gustus Heinze being fined to-day is of four
years standing and is over the Michael
Davtt claim, adjoining both the Rarus
mine, owned by Mr.. Heinze. and the Penn
sylvania, owned by the Amalgamated Cop
per Company. In the latter part of 1893
the claim was put under injunction by
Judge Knowles, of the United States Court,
both parties to the suit being enjoined
pending decision as to title, which decision
is still pending. Up to June of last year
both parties observed the injunction. Later
the HeinZe concern, owning the Rarus, be-
gan. it is alleged. to mine the claim in open
violation of the courts injunction. Federal
inspectors appointed by Judge Knowles
were refused admittance to the Rarus, even
when guided by United States Marshal
Lloyd Then the circuit judges called in
Judge Beatty to decide whether or not the
orders of the Federal Court had been violat-
ed. Three weeks ago Mr.. Heinze, Treerise
and Frank were arrested by Marshal Lloyd
on Judge knowles's order.
After the action of the court to-day rep
resentatives of the HeinZe and Amalga-
mated Copper Company held a conference.
and attempt will be made to agree upon
a board of inspectors.
The text of the decision shows that the
fine is practically deposit pending final
adjudication of the ore bodies in the con-
troversy. In an interview this afternoon
Judge Beatty said: Should later develop
ments in the trial of the case prove that
Mr.. Heinze is entitled to this ore the money
should be returned to him or at least part
of Ii, but 1 believe in any event he should
pay fine for the violation of the injunc-
ton order. Should the plaintiff be entitled
to the ore L believe the money should be
turned over to them TO apply on the pay
ment of the judgment"