Show I 1 j III 1 i j t SUIT DECIDED i L Lip ip i Tt I t l Comp Company hY Wins OV r St Sf Louis Corp r iti in the r Highest i I J d t i o IN N IS SV Y BREW R Rt RI ir irI I i I C CAE SE RT r R SR DRoWN WN INTEND t I I Eb TO ARGUE i I I II I S jn JI I an n n J ly by cOurt 1 or of tift United today declIed the theL L contested mining C ca between I i i thO th Montana company and the 1 i St Lo i company arIsing out of a If dispute over oer a strIp h hi i ground connected with thc LI Drum Lummon gold and sliver mIne In Lewis and Clarke count county noor Holena 1 I e P I r o decISIon wa In fu favor of the Mon ilon q tAno company compan This is the ease In I whIch former Unit d States State H Senator f Arthur Brown of Utah r was wac engaged I when he waz shot arid and killed by Mrs V To wn employed b by the tho St I Louis louls company which was the th loser by DetJOn or of the hc court p An Apex Case CaseLL LL ri One causo of th the controversy rs W wa the h qUI questIon of the right to It n a vein eln whon it loads to other Ii I I ground than on which Its apex Is 10 j but Justice Brewer found other othor 1 for or his i S In i this ee tin tho apex I Is on ground oWned by the St S1 Louis company but as 11 it 1 It croM s the vertical h t ukle lines ot of the company I 4 The St Louis company claiming the tho 4 right to follow the vein even under cr the r b ly Its rival tho Li bruIt and amI fk tor I S for fOi saId Mid to have boan bEron I L by the tho Montana company I I 1 S Heard In Sev Courts I 1 1 The ea originated In th the United I J States circuit court for the tho district of and ud while holding ing st Louis c Any that 1 both oth from oP r tinb In the I 1 disputed terrItory That d decision was i b by the t federal cOurt of oC appeals Vt 4 Oll Ute tho eM wa va d to I I the tho supreme court of lIon Montana tana with j j the that the tho verdict erdl t was ro 10 I r I j versed i i io the cne wa pending In this curt ourt JU Judge Q Hunt ot of Ua clr I lIt c his fh t injunction In insofar ornI us s It to the St Louis company nn and It to eure a re k of that order It a petition was ti i mad fin in the supreme mc court ourt re recently petition was L granted and the ef C CI 1 I feLs or of decision will be S 1 to renew renow Judge II original sl t InJun Injunction lion and to nullify his later Inter or ord order d der r 1 Courts Conclusions Announcing the courts conclusion J t I I tiec Brower sid Mid Quo Uon 1 In ce o la I as to the antl meaning or of the lito compromise bond The rh courts held that their only or of 1 I I fet wi to h a 0 l oun line be h thc two claims extra late Inter r ii k 1 HI 1 to b tI b by th the ordinal ki nal rules We Are tre or of the that izi hl this these courts I that such h and co conveyance anco not j nl 1 tItI to the surface In the I j but c rare to it Il tho mineral which I t f I In filet WitS was the he no mat matt l t 1 t ter r though the v vein ln mar mn have In i I tbt ground or of the tho St I Louis ouis claim The t f judgment nt Is IA therefore reversed and the j 1 I i for n a new trial lie He then I I i an order enjoining the St Louis bI i 0 campan from r removing ny ore until thu i conclusion of the litigation |