Show IN ALL THE COURTS I I The Mining Suit Before Referee Merritt Still on WHO OWNS THE TOWN OF EUREKA I After the Brute who Drove Over Little Bay Betrayed and Deierted Police and County Court The hearing in the mining suit of L E Holden et al vs Thomas Venard occupied Referee Merrills lime all day yesterdya Who Otvns Eureka The hearing in tho Eureka townsite case commenced in tho land office yesterday morning The attorneys for tho citizens of Eureka the plaintiffs ore O F Davis Coined Kaighn C M Sbaekston and C L Brown aie Bennett Marshall Bradley Parks Thompson and Bird Lowe appear I ap-pear for John McChrystral et ul the defendants de-fendants This case arises upon an application of Charles Foote probate juuga of Juab county to enter certain tracts of land as a townsite for tho use and benefit of the people peo-ple of Eureka Against this application John McChrystal et aL protest alleging that the greater portion of the lands applied ap-plied for were mineral lands had been used and occupied for mining purposes that nearly all of the said land is covered with valid mining locations and that part of the remainder is covered with valid existing mill site locations I In answer to this protest the probate judge filed an additional affidavit alleging the nonmineral character of the laud and I that tho mineral locations are made for I speculative purposes and to secure title to laud valuable because within townsito limits and asks for a heating to determine 1Tbe mineral or nonmineral character of tho land herein applied for 2Tbe fact of prior occupancy and use as herein sot forth a 3Al other matters material in determining de-termining tho rights of the townsite applicants ap-plicants as against all other parties in interest in-terest Tho land involved in the west half of northeast h east half of northwest K northeast i4 of southeast X and lots 2 and 3 of section IS of township 10 south range 2 west and northeast of southeast J and southeast V of norhwest 1 of sectiou 13 township 10 south range 3 west This embraces about 320 acres Tho attorneys for the plaintiffs yesterday filed final proof of occupancy by tbo citizens of Eureka ocupuncy It they excluded the ground claimed Dy McChrystal under his mineral applica tionand be withdraws from tbecaseOther mineral applicants protest against the entry en-try however and the fcrinal protest will be filed this morning |