The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-25
lNAlGAMATED BEATS HEINZE
xoyTANA COURT REVERsES Lat
ERAL RIGHTS DECISION.
nudxe william Clanoy's Refusal TO Hear
Testim ony Concerning the Connietins
claims Of Copper Mine Owners Re-
ants In Now Trial Being Granted

audge william Ciahcys HotussI 70 nos
Test,m ony Concerning the Csnnictins
Chains OF Copper Mine Owners Re.
ants in New Trial Being Granted
HELENA, Mont; July 24.-District Judge
uu,iam Clancy's decision Of two years ago,
'm"rdina to Helm ze's Nipper Company
Ira lateral rights into tho Oden, Ana
sorda and Neversweat properties Of the
ANA pamated company, was reversed BY
,he supreme Court to-day.
The case, which was one OF the most
,o,ed ever tried in Butte. was heard by
fudge CLANCY without jury.
In It's opinion to-day. reversing the lower
.orrt. the chief ground for the reversal
l. found in that the evidence does not sus-
s.,n tho verdict and that Judge Clancy
s-sd 10 refusing to permit witness Edward
T,cLey, one Of the original locators OF the
r,,n., to ans wer a question a. to whether
.hs second haft sunk by him on the prop
srtv was not on the discovery vein.
Answering this in the Affirmative; 1t
-ou,d have proved the contention OF the
ds,endants that the vein crossed the Nipper
cl,Im in a north and south direction. instead
~ east and west. and In consequence. these
tsnu side lines, the Heinze interests would
have no extra lateral rights.
Tbese extra lateral rights would give
psnze permission to delve under tn rec
Imalpanated properties. two Of which,
.ha AmalRamated and Neversweat, arc
,.oarded as among its richest poseessi ons.
sThis ia not an instance Of immaterial
,astimony admitted in q court OF equity.
avs the opinion, sbut OF materia testi-
r,ony excluded. and the importance OF It
Is further emphasized by the fact that the
court found as a fact that the oiscoVery
Ninner apex vein, running lengthwise OF
the Nipper claim and interesting Its end
The opinion also declares that despite
4 vigorous search through the records
t W sustain vp the decision Of Judge CLANCY
that the date Of location Of the Nipper
sntedates that Of tho Eeversweat, while,
A to the Oden, the finding Ii all the more
remarkable because the latter shows upon
It's face that it was issued In January, 1885,
while that Of the Nipper was not issued
until six months later.
Because OF these and other important
reasons the jud gment and order over,
ruling defendants motion for new tria!
we're reversed and the cause remandeo
The technical title Of tho case Is that o.
John ". stewart against the Anaconda
Copper Mining Company and Weshoe
Copper Company, but, tho former being
only nominal plaintiffs and tho latter con-
tituents Of the Amalgamated company
the Hein.e interests have suffered distinc
defeat and the Amalgamated interests
eained a notable victory.
II is probable that the 30 called Parro
contempt proceedings will 60 over unit
the next term Of the United States cour
IN Butte. The matter, which consisted
Of the citing OF managing director John d
Ryan and other officials Of the Parrot com
pany to show cause to-day why they ehoul'
not be punished for contempt for the alleges
violation Of an Injunction !ssued By Unite'
States Judge ". d. Hunt restraining opera
tons IN the Nipper vein, was called, bu
owing to the fact that there will be muol
testimony to be taken, and the furthe
fact that the Cobban case u set for TO
morrow, II was decided to postpone tn
contempt. proceedings to some more con
The proceedings are the outsrowth Q
Tie Parrot N;ppeT controversy. who;
resulted few months ago In the olosinl
down OF the former property, but whicl
Wae permitted to resume, an injunction
having been Issued restraining operation
by the Amalgamated In the 80 called Nippe
vain