Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-06-17
SEEK To STOP
DRILLING ON
LINCOLNPERMlT
Rainbow Oil Would Restrain
Harry L. Wilson, Et AL,
Putting Down Well.

Suit to permanently restrain Harry
T.. Wilson, Lewis e. Lincoln, Ralph
Chamberlain and Tom Stout from CON
tinuing further in operations prepare
tory to drilling a location on a part
of the acreage in the Kelvin field.
| known as the Lincoln permit, was filed
| Friday in district court by the Rain
bow Oil company, a Great Falls cor
poration. The suit further asks that
the defendants be required to remove
their drilling rig and equipment from
the location and that they be cited into
court to show cause why the restrain
! ing order shall not be issued.
The complaint sets forth that Lin
coin, on April II. 1922, entered into
an operating contract with Fred
| Whiteside of Kalispell, calling for the
scribed as the VIZ of NWH of SWA
of section 9, Ell of Ek and VIZ
of SWA of section 3. So of section 4.
SEA of SEA of section 5, M and
NJ of SWA and SWA of SWH and
NWA of SEA of section o; Sh and
NEL and VIZ of VIZ of section II,
and NJ and NJ of Sh and sen of
SEI of section Is. all in township IS
north, range 3 west.
Whiteslde Assigns Interest
The operating contract further pro-
vided, according to the complaint, that
Whiteside should drill wells on the
SEA Of section 5, SEA of section 4:
Ny of SWA and NWK of SEA of
section 8, and the NEA of sen of
section 10, all in township 35, and com
prising $50 acres of the Lincoln per-
NIT. On May 81, 1922. Whiteside as
signed his interest in the contract to
the Rainbow Oil company. which has
already begun the. erection of a drill
ing rig at a site on the NWH of SEA
of section 9. The complaint reads
that the we'll will be spudded in within
the time called for by the contract and
also that the plaintiff company has
arranged for starting another well.
The plaintiff company alleges that
the defendants have threatened to in
t~erfere with it, in the performance of
the contract. and have made public
statements that the contract is void.
What is known as the Harry l.. Wilson
trustee, drilling rig reported to be that
of the California company, has been
erected near the south boundary of the
SEA of SEA of section 10. and the
plaintiff company alleges that unless
they are restrained. it will be put to
the expense and inconvenience of sink
ing an offset well in order to protect
its acreage.
Fear multiplicity Of Suits"
1t is also stated that the defendants
have threatened to repudiate the agree
ment and have asserted. should oil be
discovered on their location, that they
will apply to the government for a
lease in disregard of the contract. from
which the government will realize 5
per cent royalty. Unless the defend
ants are restrained. it is alleged, q
multiplicity of suits will result.
Several days after Lincoln and
Whiteside entered into the contract,
Harry J.. Wilson, as attorney for Lin
coin. filed action in the district court
Of Toole county to break the contract
A lis pendis against all the acreage
involved was also filed. The action is
still pending. Recently an application
for a restraining order to prevent
Whiteside from continuing further op-
erations was filed in Toole county.
With these two suits pending and a
third filed Thursday, chances for i'm
mediate development Of the Lincoln
permit appear obscure.