| Show A FAMOUS CASE The Mammoth vs Lackawanna I Mining Suit Decided S II Over 100000 las Been Spent in litigation liti-gation and the End I Not let I A special telegram from Boise City this afternoon informs the people of the Cccur I dAleno that a decision had just been rendered ren-dered by the state supreme court sitting at that plaeo in the famous Mammoth vs Lackwanna mining suit the decision being in favor of the Mammoth I This case was first tried in the district I court at Murray in 1SS9 and the verdict rendered was in favor of the Mammoth The case was appealed to the ter itorial supreme court and was sent back for retrial re-trial Judge Beatty rendering the opinion The second trial which took place before i I Judge Willis Sweet at Osburn in 19J was bitterly fought by both sides and tie I jury after being out all ouonight returned I a verdict in favor of Lackawanna It was then the Mammoth owners time to appeal which they did and the case was argued at Boise about the middle of December De-cember li > 91 before the supreme court Judge Sullivan presiding Judges Huston and Morgan as associates composing the supreme court of the state and tbo decision de-cision rendered this morning was the result re-sult of a long delioeratlon The attorneys for the Mammoth wero Messrs Woods Heyburn and Attorneys Hagan Clagett Canahl Allen and McBride Mc-Bride aoted as attorneys on the Lacka wana side This suit is of greater magnitude than any ever before tried in Idaho and it involves In-volves a greater amount of money 100 000 or more having been spent in litigation tionThe case will be remanded to the district court of this district but it is more than likely that it will bo removed to the United States circuit court for the district of Idaho for retrial The decision is A GREAT VICTORY FOR THE JIMOTH PEOPLE As the case now stands tho second trial the one before Judge Sweet of Osburn UUC3 liUb UUu MIJV LJI LILU WUULOVUL ttUU kilt UUI auy g UILVl IUU J decision stands as was first rendered by the i district court at Murray when tried before Judge Weir The Mammoth location was made on the afternoon of the 17th day of September 1S35 in Milo gulch now the town of Wardner and was the third silverlead location made on the South fork the first being the Bunker Hill and the second the Accident alter wards changed to the Sullivan Sul-livan In changing the name of this claim the Accident was made junior to the Mum moth The Bunxer Hill and Accident locations loca-tions were made on August 12 lsS5 by Phil ORourke N S Kellogg and Phils little white donkey The Mammoth locators locat-ors John Flaherty JL Smith MIKe Ca lm John M Burke and W B Heyburn ware close on their heels and the MammotL was located alongside of the Accident The I next day alter the location of the Mammoth Mam-moth B F McGlroy and Mike McHalo came uu the gulch and located the Lacka wana upon the ground taking in the Mum moth discovery shaft Some time after1 wards these men sold their claim to SimI eon L Reed of Portland and his assocIates I assocI-ates incorporated under the name of tho Bunker Hill Sullivan Mining and Concentrating Con-centrating company Shortly after this sale was made the Mammoth boys made application for a survey sur-vey to enable them to procure a patent from the government and directly the I Lackawana people made a like application i covering the same ground but under the name of the Lackawana In some way or other the latter application gained precedence prece-dence in the surveyorgenerals office thus compelling the Mammoth people to adverse the Lackawanas application for patent I The Mammoth claim is said to be worth 500000 and andA COMPROMISE OFFER i I of onehalf that amount was once made the I locators The Bunker Hill and Sullivan ledge is I one of the best in the United States and the Mammoth is on the same lead For along a-long time the Bunker Hill concentrator was supplied from ore taken out of the Mammoth until restrained by an order from the court This famoua case has figured very 1 of the ol T largely in the politics state Idaho especially in the senatorial contest before the last legislature I is an open secret that Judge Claggott had absolutely no show of being elected to the United States Sen rate r-ate and that a the party had inserted North Idaho plank in its platform the only available Republican in North Idaho for tho position was Hon W B Hoyburn During the deliberation of legislature at Boise the state central committee waited on Mr Heyburn tendering him the nomination which was afterwards tendered Senator McConnell and Judgo Claggett and which McConnell accepted Mr Heyborn would not accept tho nomination nomi-nation chiefly on account of his interest in the mammoth case He has spent years of energy and thousands of dollars infighting in-fighting for his rights and to have accepted ac-cepted the senatorship of that stage of the game would have taken his time from the further consideration of this caso which would have practically amounted to abandonment of the cause The decision gives universal satisfaction In the Cccur d Aiene and several prominent promi-nent mining men who were interviewed by your corresponeent today seem to think that the decision was a just ono H C PIGOTT WALLACE IDAHO Feb S 1S92 |
