Libmonster ID: KZ-2890
Author(s) of the publication: G. I. MISHKEVICH

The whole world knows the heroic epic of the construction of Magnitogorsk and its metallurgical plant-the famous Magnitogorsk 1 . But not many people know what a long story is hidden behind two short words: "Mount Magnetic". In 1900, D. I. Mendeleev, having made a trip to the mining enterprises of the Urals, wrote: "No one has explored the magnetic mountain, but everyone who has seen it unanimously says that such a huge mass of magnetic ironstone in one mass has never been seen anywhere, and therefore it is necessary to count the reserve here... not by millions, but by billions of pounds. " 2 The appearance of the first mining enterprises in the Urals, the Peasant War under the leadership of E. I. Pugachev, and many other events are connected with Mount Magnitnaya. It is also related to a completely unusual, century-and-a-half-long lawsuit "for the right to own Mount Magnitnaya, it's Atach".

Beloretsk is one of the oldest iron-smelting and iron-making centers in the Urals. Here, in the upper reaches of the Belaya River, a metallurgical plant was established in 1762. Its founders were merchants and. Tverdyshev and I. Myasnikov. During the construction of the plant, its owners "bought" 179 thousand dessiatines of land from the Bashkirs, paying for it a third of a penny per tithe! And "the government has assigned to the breeders a monopoly on the richest deposits of ores, including Mount Magnetnaya, which became the raw material base of the Beloretsk plant" 3 . Mount Magnitnaya was located geographically on the lands of the Orenburg Cossack Army. Cossack chieftains, who considered it their property, since 1753 entered into a long dispute with the owners of Beloretsk factories for the right to own this colossal deposit of iron ores. The object of the dispute is a mountain, but what a mountain! The height is 616 meters. It is rich in granites and magnetic ironstone.

Founded in 1734, the Orenburg Cossack Army was granted a vast territory of 7.5 million dessiatines in 1755. In 1840, Nicholas I approved the regulations on the Orenburg Cossack Army and its borders; at the same time, Mount Magnitnaya ended up on his lands. Cossack atamans have repeatedly used this provision in their disputes with breeders, also citing boundary papers of the mid-18th century as proof of their rightness .4 So, Mount Magnitnaya belonged to the Orenburg Cossack army? However, the defendants Myasnikov and Tverdyshev claimed that they were the first to put up bid posts on Mount Magnitnaya and were the first to develop its ore deposits, having received formal rights to this much earlier than the Orenburg Cossack army: "Ivan Myasnikov on October 14, 1752 reported to the Orenburg Provincial Chancellery that according to the information given to him, in common with Ivan Tverdyshev, from the provincial chancellery according to the decree, they, Myasnikov and Tverdyshev, found many iron mines, including those found in 1747 have already been examined, and many of them turned out to be reliable, especially across the Yaik River in a mountain called Atach, the most magnetic and good iron ore, which appeared in shirfovka in great abundance. " 5
On November 27, 1752, the Orenburg provincial Chancellery concluded a contract with the breeders, which stated: "How many mines they, Tverdyshev and Myasnikov, have found so far, all of them, no matter how far away they are, should be recorded for them, Tverdyshev and Myasnikov." 6 Three days later, the engineer corps conductor F. Mentz made a survey of the iron mines. In total, 382 ore sites were separated and bid posts were placed on different slopes of the mountain. So, even 3 years before the grant of land to the Cossacks and 88 years before the decree of Nicholas I, Mount Atach already belonged to Myasnikov and Tverdyshev, but not to the Cossack army? However, the atamans could not come to terms with such" willfulness " of the breeders and brought a complaint to the provincial chancellery about the Butchers-

1 See about her: V. F. Romanov. Magnitogorsk Iron and Steel Works. Voprosy Istorii, 1975, No. 9.

2 "Ural Mining Review", 1900, N 16, p. 4; see also A. N. Zavaritsky. Mount Magnitnaya and its iron ore deposits. "Proceedings" of the Geological Committee, new series, 1927, issue 122.

3 I. F. Ushakov. Beloretsk mining farm of the Pashkov nobles in the first half of the XIX century. l. 1953, p. 9.

4 TsGIA USSR, f. 1330, op. 10, d. 2452, l. 22.

5 Ibid., l. 6.

6 Ibid., l. 6 vol.

page 205

kova and Tverdysheva. The office wrote to the Cossacks: "Mount Atach was recorded as a mine back in... 1747 by the breeder Tverdyshev and in ... 1752 in the month of November, and the withdrawal of this ore was made, why it was assigned to Tverdyshev" 7 .

In 1799, the Cossack ataman again brought a petition against breeders, this time to the Government Senate. By that time, the Beloretsk factories and the adjacent iron mines had passed into the possession of the landowner D. I. Pashkova. The new owner of the Beloretsk factories also cut 125 thousand dessiatines of land from the Bashkirs, built a molotov factory on the Tirlani River, and built Atach Mountain with new tunnels. Day and night the wagons creaked on the road: they were pulling ore from Mount Magnitnaya to the Pashkovsky factories for 90 versts. The resourceful and cruel collegiate assessoress Pashkova (she personally beat the peasants to death) managed to hold a new land survey in 1787, and the Magnetic Mountain again became her property. In turn, the Orenburg Cossack ataman did not give up the idea of owning a mountain and selling ore to a factory owner.

The "mountain vendetta"broke out again. Cossack atamans did not know the art of litigation very well. But Pashkova was quite sophisticated in it. She did not spare any money to bribe the necessary officials, including in the Senate, which decided: "It is indisputable to refuse the Beloretsk Ironworks all the mines allocated and undeveloped, but only those declared, developed and undeveloped, which are located both within the delineated zone... to that factory dacha, and in other places, as well as lying across the Ural River " 8 . After Pashchkova's death, her son Ivan took over the factories. He also had to face the old contenders for Mount Magnitnaya - the Orenburg Cossack atamans. A new lawsuit was considered in 1834 by the Birsky Uyezd Court, because the disputed mountain was geographically within its jurisdiction. On November 1, 1834, the court came to the conclusion: "Grant Mount Atach with all the crafts to the sole and hereditary possession of the Pashkovs to the Beloretsk factories"9 .

The Cossack ataman again filed a complaint with the Main Directorate of the Cossack Troops in St. Petersburg. And it, in turn, filed a cassation appeal against the decision of the Birsk District Court to the Government Senate. We do not know what kind of bribe Pashkov gave to turn the case in the Senate the same way it went in the Birsky district Court. But it is known that on February 16, 1849, the 4th (boundary) Department of the Senate confirmed the decision of the Birsky court. Having lost the case in the Senate, the Main Directorate of the Cossack Troops sent a complaint to the "highest name". Alexander II ordered the State Council to consider the issue of Mount Magnitnaya.

Meanwhile, I. Pashkov died, and his sons and daughters took over the Beloretsk factories. Together with the factories, the Pashkovs (as well as new generations of Cossack atamans) inherited the litigation. At the beginning of 1869, the State Council discussed the complaint of the Cossack army, listened to the explanations of the defendant and decided: "At present, the only question to be considered is who should start the case for the restoration of violated ownership", and also recognized that "the case of ownership of mines (mines, not mountains! - G. M.), both developed now and those developed by the Pashkovs before the initiation of this correspondence, the Orenburg army should begin " 10 .

This decision was approved by the tsar on May 26, 1869. So, in order to prove the indisputability of their right to own Mount Atach, the Cossacks had to apply to the court in an instance. The decree of the State Council and the monarch's permission, therefore, pushed the Orenburg Cossack atamans to a new lawsuit, and they again began it. In a lawsuit filed in 1877 in the Orenburg Court Chamber, arguments were again made about "lands once granted to the Cossacks by the tsar", about "illegal seizures of this land with the Magnetic mountain located on it" by breeders Myasnikov and Tverdyshev, and then by their heirs Pashkov. The Orenburg Cossack host petitioned not only for the return of their "legitimate possessions", but also filed a lawsuit against the breeders to recover money for the extracted iron ore. The Cossack atamans estimated that from 1841 to 1873 the VLA-

7 Ibid., op. 11, d. 997, l. 193.

8 Ibid., op. 10, 2542, l. 11.

9 Ibid., l. 20.

10 Ibid., op. 11, d. 997. ll. 195. 197.

page 206

businessmen of the Beloretsky plant took more than 12 million poods of iron ore on Mount Atach, and demanded payment of 132,667 rubles. 32 kopecks (at a penny per pood), and even 4238 rubles. 4 kopecks annually since 1874.

On July 11, 1877, the case of Mount Magnitnaya was heard in the Orenburg Provincial Court Chamber. And Themis again turned away from the Orenburg Cossack army. This time the Cossack ataman was no longer opposed by the Pashkovs. The owners of the factories (there were already four of them: Beloretsky, Kaginsky, Tirlyansky and Uzyansky) were German industrialists G. M. Vogau, K. K. Bonza and ... the Guards retired captain S. Pashkov11 . The main capital of the Beloretsky Zavody Joint-Stock Company was now in the hands of Vogau and Bonz, who had bought Beloretsky Zavody at auction in 1873 due to the insolvency of their former owners. The plants of the new joint-stock company, which worked on the iron ore of Mount Magnitnaya, by the end of the XIX century. smelted up to 2.7 million pounds of pig iron annually.

Here is who the representative of the Orenburg Cossack army, Colonel S. Zuev, met on July 11, 1877 in the provincial court chamber. The position of the breeders was old: the mine of Mount Magnitnaya was assigned to Tverdyshev and Myasnikov as early as 1747. This is confirmed by decisions of a number of judicial instances, as well as by a decree of the Governing Senate and a decree of the State Council. In addition, the Cossack army lost the right to Mount Atach, as the time limit for appealing the decision of the Senate expired. The Cossack ataman put forward his own argument: during the land survey in 1752, Myasnikov and Tverdyshev were assigned not the entire mountain, but only three mines on it. In addition, Zuev argued, "the plan was drawn up (by Menz. - G. M.) in the month of November, that is, in winter, when the mountain is covered with a thick layer of snow. Therefore, the survey was conducted not on the spot, but at random, why the record is either incorrect or false. " 12 The colonel further stated that on December 12, 1840, Nicholas I approved the "Regulations on the Orenburg Cossack Army", which stated that the army was granted"all the lands cut off from the Kirghiz steppe" 13, including Mount Magnitnaya , as standing on these lands. And therefore, Colonel Zuev demanded to award it to the Orenburg Cossack army "by affiliation".

As soon as the reference to the "Regulation" was made in the courtroom, the breeders ' lawyer protested: the plaintiff arbitrarily interprets the monarch's will and even distorts it; the following is written there verbatim:: "The Orenburg Cossack Army owns all the land cut off from the Kirghiz steppe area, but with the exception of landowners' and factory lands. " 14 So who does Mount Magnitnaya belong to? According to the shareholders, Beloretsk plants. In response, the colonel asked the court to pay attention to section 62 of the same "Regulation", which states that "the army has no right to organized private possessions, if the latter are approved for the owners by legal acts" 15. And the Pashkovs illegally seized the entire mountain, and not just the mines assigned to them on it. That's the crux of the question. But this time the trial ended in favor of the industrialists.

In the mid-90s, the dispute over the ownership of Mount Magnitnaya flared up again. The new ataman of the Orenburg Cossack Army, also known as the Orenburg governor, Major-General V. I. Yershov, filed a cassation appeal against the decision of the judicial chamber to the Government Senate in 1896. Apparently, the impetus for the resumption of the old dispute was the fact that a new contender for the riches of Mount Magnitnaya appeared - the Belgian capitalist Sw. Having settled in the Donetsk basin, he entered the government sphere with a proposal to transport iron ore from the Urals to the Donbass with the help of a newly built railway. But his project was rejected.

More practical was the capital's oil businessman A. E. Suvchinsky, who developed a plan to "storm" Mount Magnetic. On his instructions, mining engineer R. R. Lesh spent two years secretly conducting exploration on Mount Magnetnoy and in its vicinity. The results were as follows: "The Urals contains in its depths an unknown and truly inexhaustible mass of the richest ore deposits. This mass is so large that surveys are never carried out to a depth of more than 5 fathoms, due to their practical uselessness... Ten-set Surface Layer of Magnetic Mountain

11 Ibid., f. 1364, op. 3, d. 1010, l. 2.

12 Ibid., f. 1330. op. 10, d. 2542, l. 26.

13 Ibid., pp. 68-69.

14 Ibid.

15 Ibid.

page 207

it can deliver 20 billion poods of ore. " 16 Lesh looked after an ore-rich plot on the slope of Mount Atach from a Cossack constable and bought the right to the bid post for 60 rubles in silver. So to the two previous contenders for Mount Magnetnaya, another one was added - the St. Petersburg industrialist Suvchinsky, nicknamed the "magnetic cavalier". Having learned that the board of the Orenburg Cossack Army was going to file a new cassation complaint with the Government Senate, Suvchinsky decided to get ahead of events and filed a petition with the Main Directorate of the Cossack Troops to lease Mount Magnitnaya to him, Suvchinsky.

Suvchinsky was received by the head of the department, Lieutenant General P. O. Shcherbov-Nefedovich. The petitioner assured the general that the mountain is yours, Cossack, but its riches are appropriated by breeders, and therefore he wanted the Magnetic Mountain to be leased to him for a period of 99 years. For each pood of ore extracted, he was ready to pay a quarter of a kopeck, and many thousands of rubles would go to the income of the Cossack army. After 99 years, if the management so wishes, the contract can be terminated, and all the mines will become the property of the Cossack army free of charge. After the merchant's visit to the Main Directorate of the Cossack Troops, the ataman of Orenburg was summoned to St. Petersburg. After discussing the proposal of Suvchinsky, the management decided: let him mine ore, all the same the Orenburg Cossacks will never be miners, and the income is still expected. But to rent out a mountain, the Cossacks must first establish their ownership rights. And since the decisions of the Birsky Uyezd Court and the Orenburg Judicial Chamber have not lost their force, only the Governing Senate has the right to cancel these decisions.

Shcherbov-Nefedovich was sure that this time the case in the Senate would be resolved in favor of the Cossacks. Shortly before these events, he was received by Nicholas II. Reporting on the needs of the troops entrusted to him, the general said that the Orenburg Cossacks expressed dissatisfaction with the fact that their rights to Mount Magnitnaya were taken away from them, and were going to appeal to the Senate with a complaint. The tsar assured him that the interests of the Cossack army were dear to him. And then a petition was sent to the Senate's cassation department

Head Office of the Cossack Troops on the resolution of a long-standing dispute regarding Mount Magnetic. The defendant-Vogau and Co. - again spared no expense in the legal battle. Suvchinsky also did not stint. The case of Mount Magnitnaya was scheduled for a hearing at the second general meeting of the Senate on January 17, 1897. In those January days, among the customers of the restaurant Kyuba (which was located on Bolshaya Morskaya Street in St. Petersburg), where, according to contemporaries, the "main headquarters of Russian industry" was located, there were not only Suvchinsky, but also people from the joint-stock company Vogau and Co. They "Played" more big than the St. Petersburg oil owner. And they won, which was helped by the events that took place immediately before the trial of the Mount Magnitnaya case in the Senate.

At the beginning of January 1897, Nicholas II received the Minister of War, Adjutant - General P. S. Vannovsky, who, among other things, reported on two complaints received - from the Society of Beloretsk Factories and the Orenburg Cossack Army. The complainants claimed ownership of Mount Ataci. Nicholas II inquired about the nature of the dispute. The minister said that industrialists complain about the intractability of the Orenburg Cossack government, which did not want to allocate their land in the vicinity of Mount Magnetic for the construction of new mines and factories. Vannovsky drew attention to the following words from the breeders 'petition:" Despite the mining fever in the Southern Urals and the mass of incoming applications and proposals for the ore business, the Cossack military board has not yet developed grounds for the transfer of Cossack military and settlement lands for mining, so all applications lie idle, no one can achieve anything and in general, confusion and complete chaos reign, which can lead to many misunderstandings, lawsuits and complaints. Are there really no ways to force the board to respond in some way to the urgent need to exploit the depths of the Cossack lands? Now the newspapers write quite rightly about the impoverishment of the Cossacks. Is it not timely, therefore, to help him by making a profitable lease of land for mining operations, when the very circumstances of industry suggest this?"17 . In every line of this report was visible

16 "Orenburg newspaper", 11. IV. 1899, A6 632.

17 "Ural Mining Review", 1899, N 21, p. 8.

page 208

handwriting of the shareholders of Vogau and K 0 . This was part of a well-thought-out plan to capture the vicinity of Mount Magnitnaya, which was still in the possession of the Cossack army.

The industrialists correctly calculated that their complaint to the Minister of War would not go unnoticed. Reporting to the tsar about the claims of the breeders, Vannovsky added that Beloretsk factories annually produce over 1 million pounds of excellent pig iron, smelted on charcoal from the ores of Mount Magnetnaya. He also recalled that the bank had recently provided shareholders with a loan of RUB 519,000 to expand its blast-furnace and Siemens open-hearth production facilities, and that of all 60 private plants in the Urals, Beloretsk was among the best at fulfilling treasury orders. And if the Senate deprives them of their legal right to own Mount Magnitnaya, then an important center of the Ural iron industry may fall into disrepair, and the military department will lose an excellent supplier. At the same time, the minister assured that the interests of the Cossacks were also dear to him. The tsar, after listening to the report, promised to " find out, consider and properly arrange."

On January 17, 1897, the second general meeting of the Senate began to consider the dispute over Mount Magnitnaya. Senator A. I. Pyatnitsky, setting out the essence of the case, summed up: the Orenburg Cossack Army, without using the right to appeal sentences in a timely manner, repeatedly missed the legal 10-year deadline for filing cassations; moreover, the plaintiff did not submit to the Senate any new, previously unknown evidence of the indisputability of its claims. In such circumstances, it is difficult to make a decision other than that made by previous courts. Almost unanimously, the dispute over Mount Magnitnaya was resolved in favor of Vogau and K 0 ... It had been a long time since the walls of Kube's restaurant had seen such a banquet as the Vogau and Bonze shareholders had organized on Shrovetide 1897. Medals, diamonds, gold-embroidered uniforms, senator's cocked hats with plumes... Expensive French wine flowed freely, speeches were made, glasses clinked. The bill was paid by Vogau and K 0 .

Two years later, passions were rekindled over Mount Magnitnaya. The Minister of War A. N. Kuropatkin (who replaced him in 1898) refused to sign the Senate's decision of January 26, 1897 on Mount Atach. Thus, the new minister did not want to recognize this definition as legitimate. Vogau and Co. again sent a complaint to the Senate: 20 months have passed, and the Minister of War does not return the signed definition; thus, the Senate's resolution cannot enter into force on 18 . Then the senators, in a special "Note" on the case of Mount Magnitnaya, stated that the actions of the Minister of War "are aimed at overthrowing the legal force of the decision and are direct blows to the stronghold of the decision."19 And the Senate once again repeated what the shareholders wanted.: "The entire area of actual possession of Beloretsk factories is appropriated by the army." And then: "The army generally has no legal basis either to extend the rights to the mines developed by Beloretsk plants, or to demand payment for the ore extracted and extracted from the said mines." 20
The Administration of the Cossack troops, having lost the case of Atach-gora in the highest court of the empire, again appealed to the tsar. Measures soon followed: on May 6, 1899, Major-General V. I. Yershov, ataman of the Orenburg Cossack Army, was awarded the Order of Vladimir, 2nd class. The issue of Mount Magnitnaya was resolved quite unexpectedly for the applicants for it. The Minister of Agriculture and State Property, A. S. Ermolov, and the Minister of the Court and Estates, Count V. B. Fredericke, reported to the tsar that the case of Mount Magnitnaya had received scandalous publicity in the press. A shadow has been cast over the Governing Senate. Both ministers offered to cut the knot with one blow - to take away the Magnetic Mountain to the treasury! Soon it was officially announced that the mountain Magnetic alienated to the treasury. So, the treasury took possession of the third major iron ore deposit in the Urals. The first was Bakalskoe, on the western side of the Southern Urals (it produced up to 4 million poods of ore per year); the second was Mount Blagodat. Now they were joined by Mount Magnitnaya. The rescript on this occasion was drawn up diplomatically: the treasury "acquires" Mount Magnitnaya from the Orenburg Cossack government not forever, but only for 99 years. The board received a good reward from the treasury. In addition, the surrounding area of the mountain was declared the property of the Cossacks. Did not remain offended and

18 TsGIA of the USSR, f. 1330, op. 11, 708.

19 "Note on the case of the Society of Beloretsk factories Pashkov about Mount Magnetic". St. Petersburg, 1902, p. 5.

20 Ibid., p. 6.

page 209

breeders. After all, the treasury took over the Magnetic, with the exception of the mines that already belonged to the Society of Beloretsk plants. Suvchinsky was not left at a loss: for the bid post, he received compensation from the treasury-300 thousand rubles.

Five times in the Winter Palace the case of Mount Magnitnaya was decided. And only for the sixth time, on November 7, 1917, during the storming of the Winter Palace, the true owners of the mountain, like all other national wealth, finally resolved this issue. The highest command - the will of the working people-turned it into the property of the Soviet Republic.

page 210


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