Show SENATOR CUBIT CLAR WINS BIG SUITS Federal Feder l ourt Establishes Rights of at Ophir Hill Com Company Company Company pany in Ophir District LARGE kARGE SUM IS INVOLVED ExiRA L TERAL RIGHTS BASIS BASIS OF THE TH BATTLE Through ld Id handed down in tile the federal court c urt yesterday by b Judge John A AMarshall AMarshall Marshall the tho Ophir Hill Hili Consolidated MIning company and Senator William A Ci rk win both suits brought by Thomas ThomasF F Keeley Patrick Ryan Ran and others to i establish title to oro ore bodies mined rained by the Ophir Hill Company and nd to collect dam damages damages ages ages aggregating for ore mined In these thes suits the questions of apex and ral rights were Involved andin many respects the tho contentions were sim similar liar ilar to those into the controversy between the United States Mining com corn company company pany and Colonel E A Wall at Bingham plaintiffs claimed title to the ore by virtue of fissures that cropped to the sur surface surface face fuce and cut the lode lime beds which outcrop boldly bol through the defendants properties a aThe The plaintiffs owned the th Henrietta claim and an undivided interest in Our Boys claim In the one case ease plaintiffs claimed damages for and In the theother theother theother other case for tor and asked for a perpetual perpetu injunction Defendants had ex cx x tract d ore from beneath the surface boundaries of these claims but Justified their action by b virtue of an apex aMX in Ophir Hill Hilt territory The court full sustained the rights of the defendants Th These so cases were tried Hied before the court ourt without a jury in the months of March Marchand Marchand and April of this year and have been un der advisement ever since the day of nf April A new and interesting question of mining law that when the vein crosses two side lines the end lines become the side lines It has been frequently decided that where the vein crosses parallel side si e lines the side lines become end lines but In no high court has It been decided under similar circum circumstances circumstances l stances that the end lines become the side lines W V H Dickson conducted the case for plaintiffs while Frank Pierce of the firm of Henderson Pierce Critchlow Bar Barrette Barrette Barrette rette was leading counsel for defend defendants defendants defendants ants |