Foreman v. Beaverhead County

(sitting in place of MR. JUSTICE ADAIR, disqualified), delivered the opinion of the court.

This is an appeal from a judgment awarded plaintiff for the recovery of money paid under protest as a tax upon the net proceeds of mines. It is submitted upon an agreed statement of facts and, so far as deemed pertinent, they are as follows:

That from 1881 to 1898 the Hecla Consolidated Mining Company was the owner of certain quartz mines at the head of Trapper Creek in Beaverhead County, and the owner and operator of a concentrating mill situated at Greenwood, on what was known as Everest Mill Site No.…