Salt Lake Herald-Republican | 1900-05-02 | Page 6 | Important Mining Decisions

I n MINING NING K DECISIONS I Precedent Established by b Montana Supreme Court Helens jelena Jiel na Mont May 1 The supreme court has handed down two important tBt decisions Involving several valuable Butte copper mine in dispute between a athe I the Boston too A Montana and aDd the Men Mentana I Mentana n tana Ore Purchasing company The first decision involved litigation be tween tweeD the Boston A I Montana and the Montana Ore in ing company over am the and nd Tramway T mine The Boston ft A Montana owns 0 of the and aDd ite ee e Montana Montans Monta Purchasing company the other halt half while the Boston ft a Montana Montan owns two thirds of the Tramway an th the th Mon Men Monta M n ta tan taa K Ore Purchasing compan or the the ln L The and Tramway are near a the tile Ranis owned by the Montana Ore Purchasing company Through the lat hit hitter latter ter mine there to Ie I underground d access to tb th and Tramway The be Boot Boston on Montana commenced an am ac C action tion against the tor an it injunction thin tion and a for damages because the tat hit hitter tattEr ter tei were working the die and the Tramway through the Barus A temporary restraining order was wall issued J Upon motion of the defendant dt the lower ower court disallowed the temporary order and denied the plain plaD plaintiffs tiffs tIfft motion for an order for fol an sit tion pending the determination of ot the Ute I damage suit From these two order orde the appealed The supreme court reversed the lower courts action in iu denying an an n injunction pending deter determination of action and affirms the lower court in dissolving dis the temper temporary ary restraining order ord In another an ther ion the ruling of Gf the district court of Butte in vacating a temporary re restraining straining g order issued in m February 1899 1898 at the instance of the Boston Bo eton ton Montana Montane restraining the t e Montana Ore Purchasing company the Chile Gold MIning Minim company and the Johnston n Mining Miming company from mining ore ex et ores from a certain portion of the lbs Pennsylvania p mine is affirmed Both opinions were one u and are regarded as establishing a valuable le precedent in mining litigation