Show COURT RULES IN Sit SELVER VEl lUNG KING SUIT StilT Defendant in Ore Case CIC Given A Another Chance in Defense In an opinion handed down b by Judge D. D Johnson In the United States court yesterday c the Silver King Coalition Mines company Is given until December 16 to show wh why further evidence evidence evi evi- dence should be Introduced In the case caso of the Conkling Mining company which alleged that th in underground trespass the Coalition company purloined pur pur- homed from Its property properly more than worth of oC ore Denial of or a writ of oC certiorari en entered entered en- en as a a. last Instrument nt h by the Coalition Coalition Coall- Coall tion company to the tho supreme court of or orthe the United States sent the famous suit back to the fe federal court In Salt Lako Lake whore It was tried originally II before former Judge John A A. Marshall In turn the plaintiff company asked that th the tho Coalition company compan be made to account account ac ac- ac- ac coun count t for or ore It was alleged to ha have havo 0 ab abstracted ii t ra c ted In reference to tho the action of ot the supreme me court COUlt in the tho matter Judge Johnson says In his opinion In brief briet Under mandate mandat a 1 new trial Is not ordered I do not think the mandate 0 of the court of ol appeals has haM taken away awny the power of oC tho court to exercise a like discretion That Question question ques Ques- tion Lion however howe Is not now before the court A As the tho discretion of or the court has not been appealed to 1 I think it would be an abuse for the court of Its ItsOn own O motion to open the case for further fur fur- ther her hearing on the matters alrea already y Si submitted b in I t t ed Since the tho defendant has sug suggested ested it its desire to present further testimony the order prayed praed for or by the thc plaintiff will be held hold in abeyance and the de do- given Iven until and Including December December De Do- cember lt Ii In which It may deem proper to reopen tho the case an and introduce fUrther further fur fUr- ther thor testimony |