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Show 3 ....... , i 1 THE PRESSULLETIN 1 VOLUME 50 BINGHAM CANYON, UTAH, FRIDAY, OCTOBER 22, 1920 NUMBER 20 t I Case Which Has Been in District Court for More Than a Year Has Finally Been Decided by Federal Judge Tillman D. John- - son. Apex Wins in Five Counts and Highland Boy in One. i ) Appeal Is Taken to Circuit Court of Appeals by Utah Con- - ' jj solidated. v f V Marking the end of one of the i A hardest fought cases ever tried in f,' f " the United States district court in ' I Utah, Judge Tillman D. Johnson f Wednesday afternoon handed down i ' t decisions In the six cases between the Utah Apex Mining company find the' Utah Consolidated Mining company. Five of the cases are decided in ' , favor of the Utah Apex and one in v?. favor of tfie Utah Consolidated. !j i, The Utah Consolidated, It is ex-- M pected, will at once take steps to ap-pe- al to the United States circuit court of appeals. Nor is it likely the will stop here, as the litigation such valuable interests that Scase doubtless not be allowed to , until the United States supremo court has ruled on it. During the courst of the trial more than $600,000 is said to have J '' been spent in fees for mining attor- - neys and the best engineering and i geological talent possible to obtain, ' The exhibits introduced in the case i alone are estimated to have cost j more than $20,000. f J Pending Two Years. j The suit has been pending tor j more than two years past. Judge p Johnson too!- - Hie case under advise-- ment and has be-i- engaged in study ing the rsams of testimony taken and " the hundreds of exhibits for the past two months. The contentions of the Utah Con-solidated, which wore denied in Judge Johnson's decision, were set forth Wednesday night by R. H. Channlng, Jr., president of the com-pany, as follows: "These decisions involved the ownership of ore bodies in the High-land Boy and Yampa limestones in the Bingham district, where the Utah Apex andthe Utah Consolidated mines adjoin. These mines are lo-cated in an area consisting of a series of quartzite and limestone beds striking east and west and dipping ot a comparatively low angle to the north. The twomost impo-rtant beds are, respectively, the High-land Boy limestone and the Yampa limestone. "The litigation involved an ore body in the Highland Boy limestone heretofore worked by the Utah Con-solidated Mining company and var-ious ore bodies in the Yampa lime-stone heretofore worked by the Utah Apex. The Utah Consolidated first brought suit against the Utah Apex, claiming the ore bodies in the Yampa limestone by reason of its extra lat-eral rights. The Utah Apsx then brought suit against the Utah Con-solidated, claiming the above men-tioned ore body in the Highland Boy limestone. Lateral Rights Denied. "All the-o-re bodies in the contro-versy occur vertically beneath the surface bounds of the Utah Apex and, therefore, presumptively belong to it. i The outcrop of both limestone beds, i however, is within claims owned by the Utah Consolidated, and that I company believes that it acquired the I extra lateral rights on them. They further claimed that these limestone ! beds themselves constituted under the law broad lodes and that by rea-son of the extra lateral rights they entitled to follow these lodes deep and extract the ore contained therein. !were Johnson did not uphold contentions of our company and decisions Apex. were favorable to the "The Utah Consolidated will at move to take the cases decided it to the United Sattes court of appeals. !once litigation did not involve any important copper ore bodies of Utah Consolidated and will in affect its copper mining I Title to the two main bodies of ore involved in the litigation, the High- - I land Boy and the Yampa, is quieted I by the decree in favor of the Utah I Apex. In the case of the lateral rights of the Dana fissure, the only . I case in which the Utah Consolidated favored, Judge Johnson held that Utah Apex did not present a Iis of testimony which have justified a favorable ' decree. Further Litigation Probable. :l During the trial evidence was in " J trod need to show that more than I Jl, 000, 000 worth of ore had been f, taken bv the Utah Consolidated from i the ground now held to be the prop- - $ erty of the Utah Apex. The deci- - i sions make no award for any jud?- - jj ment or recommendaiton for judg- - Llitgation over this matter bo brought up by the Apex in on to secure a judgment fcr this iment. rU COPPER LEASES BAND ANDRAILROAD Notice of an agreement has been filed with the state public utilities commission that the Utah Copper company has leased the Bingham & Garfield railroad, giving as pay for the use of trackage, depots and other sim-ilar property, a guarantee to pay the railroad company 6 per cent on its share of the investment In the rail-road. The lease is dated May 28, 1920, and is signed (hy D. C. Jackling of the. Utah Copper company and Charles Hayden, vice president of the railroad company. AMERICAN THEATRE Ts SOLDT0MWO0D L. S. Atwood, has purchased the American theater from Dr. J. P. Flynn and is now operating this promising show house in Bingham. Mr. Atwood and his son, M. A. Atwood, have been in the moving picture Duslness in southern Utah for a numbter of years and have had much experience in this line of work. This show house was formerly known as the Pastime thea-ter and is equipped with splendid ma-chines and one of the finest curtains in the state.-.- ; v Mr. Atwood states that he is getting all first run stuff of the very highest quality. He has purchased the fran-chise on the best stuff coming through the moving picture circuits. The people of Bingham are invited to make a visit to this splendid show house and see (tome of the best pic-tures on the serpen today.' - Among the splendid features com-ing to the American is William Farnum in "If I Were King." This is one of Justin H. McCarthy's great his-torical romances and is founded on French history during the time of the Louises. ' This comes to the Amer-ican Sunday find Monday. Another splendid attraction is "Bride 13," starting Wednesday of next week. 1 STRIKES 111 MAI Miss Nettie Bryant, a Deacon-ess, Was Seriously Injured in Automobile Accident Which Occurred in Salt Lake City When Street Car and Stage Line Auto Collided. Miss Nettie Bryant, 22 years old, of Bingham, was severely 'bruised about the hips and legs and suffered a badly wrenched back Monday morning, when the automobile stage in which she was riding from Bingham was struck by a west bound street car. The accident occurred at Second South and Third East streets. Miss Bryant was taken to the emergency hospital where she was given first aid treatment. She was later removed to St. Mark's hospital. According to the report of Patrol-man J. J. Roberts, Jr., who investi-gated the accident, the auto stage, driven by K. E. Bogart, had been traveling north on Third East street and was just turning west into Second South. In it were Bogart, L. P. Fagan, Miss Bryant, MIbs Nellie Stev-ens and Miss Gladys Poutz, all of Bingham. The Btreet car was going west and had the right of way but ap-pearances indicated, according to street car men, that the driver of the machine thought he could cross the tracks before the car reached him! The fender was torn from the ma-chine and it was badly jammed. Miss Bryant was sitting on Uie side of the automobile which was struck by the car. She was the only one injured beyond a few slight bruises. Miss Bryant is now at the hospital in a very critical condition and an y photograph showed that the pubie bone, which is ft part of the pelvis, was .fractured and an opera-tion would probably rje necessary be-fore the bone could be set. She is bo nervous and upset from the shock of the accident that she will have to be left alone for a few days before the operation can be performed. She has been a deaconess in the Bingham Community church for a little more than three weeks, or since she arrived in Bingham. She was on her way to attend an interdenomina-tional conference at the Newhouse hotel. LIBRARY Postoffice Girls Make Unique Contribution to the Bingham Library Fund From Their Own Earnings. Raise Money by Saving Special Delivery Fees. A small hall of snow rolled down a hill will gain surprising. propensities, . say the members of the Women's Civic league, and they say this proverb applies very aptly to their at-tempt to start a library in the camp. A few weeks ago the word waa sent forth to bring all books and magazines not in use to the clubrooms in the town hall. The answer to this call surpassed the expectations of the ladies themselves. Boys and girls with armloads of literature and small boys with small wagons filled with magazines wended their way to the hall until the court room took on the appearance of a second-han- d book store. The judge could not find a way to get to the bench. However, now the ladies are sort-ing out the wheat from the chaff and they promise to soon have the library, in ship shape. They are being ably assisted by boys from the high school who are building shelves for the books. The unnecessary literature will fo disposed of. This amount to about a ton while a hundred pounds of read-ing matter will be put on the shelves. Postoffice Girls Help. . Three of the girls of the Bingham postoffice have aided very materially in helping with funds for the Bingham library. For several months they have been setting aside the 8 cents from each special delivery letter they de-liver and a few days ago they pre-sented the library committee with about $13.50. We claim this is quita a sacrifice and onbfrjalljr worth while., ' The three girls arer Althea Christen-- ' sen, Josephine Berry and Katherina Creighton. A CORRECTION CONCERNING BINGHAM POST OF THE AMERICAN LEGION There were some errors crept into the story of the Bingham post of American Legion during the absence of the regular editor and proprietor. We wish to correct same at this time. In the first place the general tenor of the story was entirey too critical as far as the Bingham post is concerned. It is not our policy to refer ito organ-izations in the manner in which the story of last week. The article in question stated that Dr. John Anderson is adjutant and he is commander and R. I. Ferrell is adjutan. The money which Was raised by a joint meeting of the fire companies and the Bingham post was used to purchase a handsome silk flag. , A SUGGESTION - He I've often wished that I had a sister. She Why don't you proopse to some nice girl? JULIUS DAMN SELLS CLEH JEWELRY Julius Damenstein has left Bingham for the sunny clime of Cuba. Having known Mr. Damenstein for some years or more we feel sure that he has not gone to Cuba for the same purpose that some of our friends formerly went to Evanston. Mr. Damenstein has sold hiai fine stock of Jewelry to Frosgong & (Roe and the new concern has taken charge. Julius was in busi-ness here fJr six years and during that time made a host of warm friends. He also built up quite a large business In the great copper camp. He started as watch repairer with a small corner and. now the businesc is one of the largest and finest jewelry con-- j ceras4n thc ctmp. - iMr. Danienstein has gone to Cuba and hisidfe rnd son are with him. His motlAsr-itilta- also' ampanied them. h. I. Frosgong has teen In tfte jewelry business for the past fifteen years and will he manager of The con-cern. He' knows the business from A to Z and will do his best to please the people of the camp. They will con-duct a first class jewelry and will guarantee every article sold. Mr. Frosgong was in business In Butte, Mont., before coming to Salt Lake City. The stock of this jewelry company will be greatly enlarged for the holi-day season and the people of this town are invited to drop in and get acquainted with the new manager. TANLAC DISPLAY MAKESJM HIT Unique and Attractive Display of Cele-brated Medicine Attracts Much - Attention. An advertising display which has attracted unusual interest, has been placed in the show-windo- of W. H. Woodring, on Main street, in this city, the local agency for the .well-know- n and highly successful' f" proprietary medicine, Tanlac. The display is not only interesting from an advertising standpoint, but is educational, combining in an attrac-tive and artistic manner beautiful scenes from many foreign countries where the ingredients of this prepara-tion are obtained. It has occasioned Buch favorable comment in the city that the pro-prietors of the store state that it will remain in their window several days longer. Work of Great Artist. The display is the work of one of America's greatest lithographic ar-tists and the manufacturers of Tanlac state .that the total cost will exceed bi..i' Thousand dollars, which is said to be a record price for window dis-plays. It is in ten distinct and nat-ural colors, and presents scenes from the Rocky Mountains, as well as from Europe, Asia, Peru, Egypt and other foreign countries. The naitives are seen in their nat-ural habitat and environment, gather-ing the roots, herbs and barks that form the medicinal ingredients of Tanlac, packing them upon the backs of camels, elephants, Hamas and other beasts of burden for transporta-tion by land and sea to the immense laboratories at Dayton, Qhio, and Walkerville, Canada, One of the most striking features of the display is the reproduction of the magnificent laboratory at Dayton. Here the artist has very effectively and impressively protrayed the popu-larity of Tan'ac by introducing a etoud of neonle in all walks of life, who are looking at the Tanlac labora-tory with expressions of confidence, plainly indicating their belief and faith in the medicine. Another distinctive feature is the bulletins accompany the display. They tell briefly and crncisely of the marvelous growth and development of Tanlac, until today it has the largest sale of any medicine of its kind in Ihe world. These bulletins also nuite various standard medical authorities as to the therapeutic value and physiological effect of the medicine. 60,000 Bottles a Day. From these bulletins one a'so loams that the new Tanlac laboratories at Dayton and Walkerville have a com-bined 'daily capacity of 60.000 bottles and that the medicine is now selling at the rate of approximately 10,000,000 bottles per year. That Tanlac 'is a preparation of ex-ceptional merit has never been dis-puted, which accounts for its tremend-ous popularity and large sales throughout the country. It is a power-ful reconstructive tonic and body-builder and has a far reaching and most beneficial effect upon the entire system. Many strog local endorse-ments, from those who testify as to the benefit they received, have ap-peared in the columns of this paper. The manufacturers of Tanlae are firm believers in newspaper advertis-ing and have forcibly presented to the public the merits of their products in this way. Their total annual appro-priation for newspaper space exceeds one million dollars. Their copy ap-pears in practically all of the lending daily and weekly newspapers through-out the United States and Canada. (Advertisement.) RED CROSS PREPARES FOR FOURTH ROLL CAU ; "' Every Red Cross chapter in the state of Utah has been asked by Miss Gertrude Orr, manager of the Red Cross Roll Call, scheduled to take place between November 11 and 25, to appoint a Roll Call chairman and to make careful plans for an energetic roll call. "The purpose of the Fourth Roll Call is not primarily for funds," an-nounced Miss Orr recently,-"i- t is to secure a large membership composed of people with an intelligent interest in the work of the Red Cross, without which no organization, regardless of its aims, can progress. We want as wide-sprea- d a membership as it is possible for us to enroll so that in each community the greater per cert of the citizens will be Red Cioss mem-bers and therefore interested and sympathetic concerning the activities of the Red Cross of Peace." The full lift of supplies for use dur-ing the forthcoming Unit Call are being shipped to all chapters in the four states from the division office; These supplies cover only the mini-mum number of members the chapters are planning to enroll. In many in-stances, chapters have requested addi-tional supplies for a larger member-ship. Such orders are immediately filled by the Roll Call manager, as there is no limit on the number of members secured. Chapters are especially urged to place before the people the story of the past and the future of the Red Cross and particularly the way in wht.eh the funds secured through the Roll Call are to be used in the local community. CHIEF THOMPSON SAID NOTH-ING HAPPENSJN BINGHAM Chief of Police Frank Thompson is bemoaning the fact that nothing ever happens any more in the camp. For weeks he and his worthy lieutenants nave had nothing to do but patrol the town. Not a crook nor a confidence man has put in his appearance for so long that Chief Thompson is becom-ing alarmed over the possibility that hip men will not be able to recognize them should they come forth. And worse, says Chief T'.nmpson, the foreign element of the conimun- - ( ity is becoming so civilized and amen-al-to American ideals that they have called a halt on the massacres r r frvn ' - p 'ma-tures of the camp. All in all, laments the chief, Bingham is now so good that the residents are becoming nervous and compare the good old camp with the small boy Just before Christmas. MINSTRELS ARE COMING. The Department of ' Expression, undffr the direction of Miss Zutavern, assisted by Miss Tapert, will present as the first dramatic event of the sea-son an old-tim- e minstrel show in the hieii school auditorium on Friday and Sr unlay. October 22 and 23. at 8:H The minstrel is divided into four parts. First, a review of the popular songs of 1920, introducing Tambo and Bones with new stories from the min-strel world; second, a laughable col !"c fnroe. with two aunts and p photo; third, Pahjakmah. an oriental pantomime with the scene laid in an oasis in the desert, the characters being Pahjahmnh and her lover in elaborate oriental costumes; past four goes back to a southern plantation !r. th days before the war, the scene being a festive night in the quarters. A number of old-ti- e friends such as Old Black Joe, and Angeline come back to us in the form of songs. The old favorite, is introduced with typical southern steps. The high school orchestra under thp able direction of Miss Tapert will make its initial appearance in the minstrel show, accompanying the chorus and presenting an overture and a closing march. Mips Zutavern intends to make this minstrel the most spectacular event of the season as well as the most mirth-provikin- It will be a treat that the general public cannot afford t miss. A record breaking attendance is anticipated. BMF0UI1DG1IY0F 2ND DEGREE HIBDER The jury empaneled to hear the c?se of the state against Alex Bargo. charged with the murder of Joserh Vea at Dividend last May, when P.aro. it was alleged, laid in wait at his old home until Vea came off shift at mid-night, when he is alleged to have killed Vea with an ax, with which he nearly severad Vea's head from his body. The case went to the jury Tues-day at 4 p. m., and the verdict of guilty of second degree murder was announced at 9 o'clock Wednesday morning, the penalty for which is from ten to twenty years in state prison. District Attorney J. H. Mc- Donald represented the state and Mar-tin M. Larson the defendant. The case occupied the time of the court nearly a week. The case has its sympathetic sidi, many people being of the opinion that largo, in a measure, was justified in what he did. From evidence produced at the trial and obtainable from hear--,a.y- , Bargo, it is alleged, killed Vea ho had misused Mrs. Vea and her small child which was the off-spring of Bargo. At the tri.il Mr. Bargo, or Vea. testified that she had met Bargo in Michigan, and had lived with him as his wife for six years, one qmiI A. K.m',io- Hioira S'llp fll'O has another child by a former hus-band. She told of Vea coming 'io their house to board and that he had per-suaded her that her husband, Bargo, was no good and that he frequently visited the red light distriet, which had resulted in her suarreling with Bargo which resulted finally in Bargo leaving the camp, after which she soon after married Vea. She told oT Vea mistreating her and often threat ening to whip her because she oh jectod to his bringing men to their home. She told of Vea threatening to kill Bargo when he re-turned to Dividend, and how she had held Vea until Bargo had left. When Bargo was placed on the wit-ness stand he related how .he ha'l first met Mrs. Bargo in Michigan and said that they were married there in 1914 and that they had one child. He ' said that he had first met Vea in Park City, who later came to Dividend, when he gave h'm money on severrfl occasions and later upon Vea obtain-ing work took him in at his home as a boarder. From that time on the de-fendant stated he had trouble with Vea, who he said had lied to Mrs. - i Pargo and told her stories which had caused her to leave him. He said he had asked his wife if she had any evidences that he was untrue to her and she had told him of the stories that Vea and others had told her. Mr. Bargo then told of Deputy Sher-iff Kelley coming to him and asking him to leave the camp. Defendant '.tatert that he had assured the offi-cer that he was in the 'wrong, but that Deputy Kelly had advised Mm that the woman would no longer live with him, and he better reave town or he would arrest him. He told of how Kelly and Mrs. Bargo had offered him $50 if he would leave and how he had upon Deputy Kelley's persuasion ac-cepted the. contract and left. Bargo told of his going to Nevada, and how ha later heard of Vea marry-ing his wife and how he had received letters from friends telling him thnr the woman and children were being mistreated by Vea. and how he be-came greatly worried over this and finally decided to return to Eureka so that he could be nenr'them and give them assistance if they needed it. FINED FOR ASSAULT. Ar.ii' ML!e!;i w.t? given a $o0 fine or fifty davs in (ail hy Justice of the Peace John C. Green last week for rvsnk Johiison. Ed Nelson , and Richard llarvellor, said to have been parties to the assault, have dis-appeared, but their arrest is expected soon. LEATHERWOOD ADDRESSED BINGHAM REPUBLICANS Republicans held a largely attended rally' at the Princess theater in Bing-ham last Friday evening. A musical program was furnished by local ttdent. E. O. Leatherwood of Salt La'.te, nominee for congress from the Sec end district, was the main speaker. Mr. Leatherwood devoted his time to taxation and the league of nations. Dr F. E. Straup presided at the rally. BINGHAM COMMUNITY CHURCH NOTICE Rev. L. P. Fi'gen announces that fommoriClne Sunday evening lie will give a series of sermons of particular interest to men. He is now civing a series in the mornings on the Ten C'ommaT'.dnienls. On account of the accident to Miss Bryant, Miss Stevens wishes to an. nounce that the opening of the kindergarten scheduled to start next Mondi.y will he indefinitely postponed. SMALL FIRE IN BINGHAM. Carelessness in leaving wet cloth-ing banging near a stove is said tr have resulted in a fire here last Tues-day night in the Highland Boy dis-trict, which caused a loss of $2,500 when the home of John Borich was consumed and another house was burne. BINGHAM FIREMEN'S BALL The Bingham Fire departments will give a ball in the Commercial Club hall on the evening of October 29th. BINGHAM POST TO MEET A business meeting of the Bing-wi-ll be held in Smith's Hall, Monday ham Tost of the American Legion evening, October 25th. BINGHAM WOMAN'S BROTHER DEAD Word has been received by Mrs. H. P. O'Oorman of 'Bingham concern-ing the death in I.os Angeles of her brother. Harry Tedford. Mr. Tedford was a native of Ohio, but was well known in Salt Lake where he was employed for many years by the Carstensen & Anson Music company. For the past four years he has lived in California. B. H. ROBERTS WILL SPEAK IN BINGHAM SATURDAY The people of Bingham are fortun-ate in having an opportunity during the campaign of hearing President B. II. Roberts, who will speak here Saturday at 2 o'clock at the Princess theater. Change of Tone Tells Much. Susceptible persons ore more offecfr sd by o change of tone Than by une jected wor'aM.GeorfeV Eliot |