Show I 1 A J PAI ENT I 1 lie li ii nil ioli 0 of filter clr Mrk Mii all tha united L 0 of i 1 Il 1 w m alln I 1 OB it r aal rt ti ci nitis ipac ifft J trin trial I 1 d M the alic sufficiently set fort furelli in the op inin orthe olllie court I 1 win vu cary V U 8 attorney anil and it I 1 N li aslin lor or the plaintiff M kirl kill patrick for the uli J alic united b by 1 li I 1 11 united III 1 I e d slates attorney lor ulah et hb C their information to tn the court and coin cor plain that on the anili jay day or marczii Nl aroh A 2 the tiled I 1 in tie V 11 II ad states band office at I 1 s salt alt i lao 1114 city an in for letters acco atco t 0 or r an anil 4 front t alio llio ito united unite F aur 0 ra a c c ertain trod tract or piece picco or real prop erty described liy fly the llie defendants at as a 2 liver hirer beary vein or rouk rook in called allej tile the IN bat an aal alto ao fur the lanil land and ni promie M si appertaining to said in e all situate in tho american mu 1 url L alining 11 irling sll salt cilc court county au ul rully in the in 1 1 I t t that t cl notice attica of batch applies fa lion i 0 0 waa A as ai required ty law iw till alic 3 first publication thereof having been made on the blat aty or of mareb A 1 P 1872 1972 that belbie ho termination of ninety days day from tho the date of tich fir CM f publication dorsai I notice to wit on the isah I 1 day a 3 ol of juno june A P I 1 the tho a mili billi c cr r ll 11 ital ng aal d alti g company a C corporation e licking to be july duty and 1 ceily g i ri ted t vind under r the laws of the fit c ato ol 01 1 nut ew I 1 aorl a filed in said eaid cind nt at salt lalo ialo city a protest as so claimant to said mid mineral little a or r min mining ing claim I 1 alost t the h a iasu iasu once anco ora cr patent for dormil formil alaid sli lode ode claim and laud land to said defendants which protest it the baij id briller mining alining and smelling dun form and contains evert bing required by tile the lassof the be united states slates to bumb tile the said company to a hearing caring li and to have amsa il lights anti nd the of its ita pro anro tc betl t decided provided ded by law law befaro tile i fu fis bance of a 1 patent to tile copies of ilia protest still of 0 ilia forma ng liti i is being into i tha information that the th register liec cier ot of ilia binl office lit at salt halt lile lake city cit through cli fame or or for or some reason to the plaintiff wholly falle ami allt to or pay tny any attention to sahl au anti I 1 ilia alio 1 q ing tiia llio battle but protest ant 11 UI accompany ing 0 O by tile illila el ei tinco tance and g alt lit api larell aly entirely ignored or negligent y cl or booket 1 so ilia clial tile santo hamo did 1164 receive attention anti anil 10 n from tile mii licklyter liCK lter or I 1 pr er 1 by T 1111 ab ti SO the llie baill fur for a and nil all vie HP papers anil and to HIP it except only ilia anul a protest protes anti ing cro by alic ii 4 gister to 0 o tile Commissi cluer r 0 of the general fun cral tan tani I biake aniie nt at lull but alic aul li liro rott anil tile ll tile matiie satt leViro ano luil hill tio ili follia ale 1 ma tw to 10 I 1 f law nita tile nl 1111 nut ni g of like sibil that on oil the lie amb liy lay of fit sept miter A P 11 ht a 1 I rov illy lf cf villah li is wt mt flo tit lit in ahti ali ilion briw 1 to 11 flin clr il ris lied fr f r ir ly by theia in tile ir aai impi ion gat bite of 0 sale such I 1 no plo iio test lest or it cliine in ill ill sl application bilic iiii ti ii on oil lile filo in ill tile gheral lau 1 wien on iio in ill the department 0 of f tile Inlo for ilov nt at welington talt on in tile HIP I 1 dittli i tit alny illy ft f Oe Moli cr A P 1111 2 tile saw i of ail 1110 bail at salt alt LAIC city f to tile vill mis nuwt of ct tin tile general lanil la 11 office ill I 1 tit still ACC icsom allik nore cst anil nn I laim mcie cc molt feitli till tit tin siti aisil I tile the expiration of binel 13 t 1139 irom front tile time of tile kimt ill bi of tile lie notice of the ild application that is to may on oil uia tile ali lily lay of ill june 11 e A I 1 D pt ml 2 that lmh I 1 otest nn annl I ha inning 1119 beci so fidei ArItI lill ilia time al jolson liy hy the ii aid stiller nn anil I smelling smelting Sm elting company Coroi auy lind bi ilia legal ami to limo itano tile same consil ciol flint no patent except th roligh ina irella linca I 1 leeAl mould ban L b issued vs n alc hile a N alil fl 41 as 41 ally on oil file until such cuch protect lad had been properly considered and its merits iii crita S decided upon that owing 0 9 alio lie neglect over inglat and of the said ter no adjudication odthe of the questions arising under the mid protest nas mia or could have been had bad or made mad by ithe tha ot at the general land office that as soon as the said laid similee received and examined said protest and accompanying documents an aal thereby learned learock of the adverse claim of the miller mining and od smelling smelting Sm elting Comi company lany to the ho blaring property for which said patent had lic boscn co issued lie directed the register of the ho land office at salt laic city ity to return t urn said patent to the office of said co ioner it if it were still in ia the 11 of said Ite giter and in cie case I 1 it L had by any means pa aad into tile he IN pos os esdon of the defendants defendant then lien tile alic 1 egister ws was directed to demand of the that they the rame fame t to the register for the purpose or of haying baying the same returned to the corn com it baring been issued before tile adjudication of tile lie estion li arising in in consequence of the 2 ling of the protest af aforesaid ormid that on or silent about the ath day of november A 1 1 72 said patent being then in the or under the control of the Saren defendant Jants the register made a formal demand on the defendants for the re dean cry by them offard patent to him I 1 lor or tho the pur polle of having the same returned t to the cominis ioner stating to them tile the instructions of the colmia bionia that the be hoping to gaio gain baltic undue addan tage by the in a adverta bertan cc and oversight a ol 01 said laid register ard and receiver in neglecting to forward at al the proper it time to the commissioner the protest MCA an ana accompanying pi nying documents utterly neglected I 1 c 1 to comply with buch lucli re ago ab nb a efe leati demand e mali dand aal refis refused sed to deliver up the patent 1 tent to the register for the purpose pose sa s1 demanded and so EO they not only hai a po QC anti and control cout rol but unjustly retain esob session or of said patent hut but the 11 is informed and lias has dewson to believe that thai par present eg 0 sion of the he samo same was obtained bained ity by liao alio dafin laarits unjustly inequitably andin and in violation argood of good raith lint calif no rai of 0 any ally tile tie ilo billanti hil lanti nifty may claim to li no acquired in an anil ani I to tile lie we I 1 nl anil anil alia lini nixes IL in HIKI Itil rit nt appears t on oil j he I 1 cecil 1 of defill 3 ami in in tile 1 condei con lei i office of t sut lake co conally cinn nilly ly all ami iho 1113 3 aveno tV eno of fujil cogut N is I 1 1 by tile Vi litel SNICK diat ilia 4 io a elti clel null to ic icil to ilo hico ce haul patent iu in bulut elicio it cie t to suba ct to the artier of he t I 1 bat li by v lee ca ol of tile t tile llie patent incont may nor tic bull ant voi voil I 1 aall allai tt it bat libay y ile linit it alio llio I 1 0 order oilier fuld erection J of the acau I 1 e finned to ilia of ti alio lo 10 general fion crol imanil office nt at att X ashington that the recoil ut still ii 1 is ili as tire thu sanio same is ii of at el in it afia thel aels of allt lako lake county may inny be by of the iho coet ac clarel mill bull anti vold said for nothing notly ng leta will airl that ou on the tf cf said lecora such rat fai ence to sall o liay 1 i 11 y a lou kuaile 10 as a tho nature baturo of ling COM coke way may ew to I 1 oft ulm to this igloi littion the lonii ln nii anil and bay that tile sail com pla hath not by aid bill or anfu I 1 40 m ali complainant in a capunit of cil caty ruty to ally relief from or against those bierend imla ants touching ug tile mat magteral teral contained cunlain cil therein or auy any of licit mutters matters un on aa of the alio feic urged iu in Ni animation mation 1 that it a void patent way may ile bo im ima lit inid theta luro lure this euit atilt lit equity mill ill nut lie 2 that oven it if a suit stilt in m equity will li liu bull there is ia a 1 defect ol of alu lieu lic I 1 ilan lauts till lair ULA the nit lio xai hava brought on the relations relation of tho miller iller X 2119 stitt anil Sit 3 bluit Ili aLt tho is tic fact i a iu in tins thu that the loes nut dot landar back alo money gaw per cr tim llin tie arti must alave ilave JAM aarl bealo alio llio indent dent if tile is tion 1111 or t ngaire third per oni or oil I 1 lie ground or 0 ailet allws lr cria on 0 tile the grobi described in t L a pilon patent li bother balther fuel third peri lani could impeach the pat ent is a duclion iU quest clion ion not nol now under con ider bide alion ration tito the government will wild never have oe evasion casion ili 10 alio patent in an achion at hw bro I 1 f 1 I 1 gaime it iv by tile lie patentee and tile brut t point raised by the defendants oflus sel proceeds on the theory that t the he officers or till tile govern in on ludua mada the mistake without which ali ich there would lie ba no litigation atilt the Govera crept lt to statia loof aloof from the out let and lit ilia patentees and all other par tiri aiki lit the matter out in the courts ol of I 1 lw tw on the contrary it is is the duty uty ortho govern went to and pros acuto proceedings to correct mita leg cs wide iy ay it in 4 officer anil it deenis that lint it may a y do this either by im bill in cuny a or r t ly tarafa rwal on in the he ol of all acl a I 1 lull all 1 I I 1 hughea the united state sli I 1 wall 2132 the states stales vf 19 stone 0 2 wall ivall C 2 the states slates vs 1 luRlI CS 11 how IS 18 lie 11 1 lytle the st tte or of arlanda Arl At linNy anba 9 ito how ah 18 cona it 1 am Opi nitin Atts nCy uan s laws 31 36 1 l 1 but it ii urged that even ira proceed ing ine in ill cli tily will lie still this ilia proceed in g should have been instituted on an the re relation lation of the miller mining and jag iok company Col lra an and that comp Py tily should hire been joined with the united states 04 a party plaintiff but ilia govern ment is not now prepared to admit that the iiller Il ller lant an sm smelling smelting elting company has any vali alid in interest in I 1 lie e aro property art described in in the patoni it final y concedes the right of that com company parsy to have it passed the alia hILl tret could u li not n 0 t t h e ro ro m tc ah ahr e cow coin piny pany ni mill t b it atack sc 1 t 11 ll is a parly plaintiff out perhaps impliedly admit 2 ling in what is not now admitted in the formation nor should tile tho company be to any ol of the ex perlo ol of tile litigation when the tims sity for such litigation liti falion was created abilio by tho he mii inutile see the ca cacs ca lied eld above 10 lo tile tho people P vs S tr Attan 21 CJ 1 i k 1 I 1 he united states do a nl t mider to the defendants ilia wolcy paid pai 3 by it tic 0 litter for tho ilia property described in the prote prole 1 ani and it at is insisted that the information is ii fatally defective mt ir if the ua c money were ion dered ly by the and accepted byi by the defendants and a decree were tu cu 1 fw for ill tha plaintiff on this ihil infortuna I 1 lion that would onerato as a withdrawal of the lie deren acl lant ApOi triplication cahon I 1 for a patent Is that w aliat 11 at the be desire mod certainly not it 11 tile patent now in in their po scion is voidable extent ib of officio official 31 utilities they must batur naturally illy desire to obtain one that will not ha be voidable but they would abandon all chance to obtain bith an on one were they to akke bick the iho money 01 ready paid thi the united states stales have not echil aled chii information in order that this ihn court might adjudicate till tile conflicting ing mining claims ot of the jdant and the Is millor lillor mining and steel smelling i ng comm ai ny my that is ij not it at all therl llie uniti lc fore fare this court that ia n a question luet tion i willett in ia tile the firt fir t inta instance at leat choul be pail pa cl ed upon by the lie proper olli me en of government at i hington this thil court coure if n simaly tain document that lias has been is mated anil and chieh obstructs obstruct anil and hinders hose olli iala liali in the dit chargo 01 ol that it laity of y and it if I 1 lie patent so cr r 0 u cou I 1 1 isuel isu u cl is ii annulled lie mink ministerial aerial 0 of I 1 1 referrer refer to willialmo will willi talc alto up nd ants petition fir a patent lie fe not noi 0 11 II the irot prot cst thereto is lound found to te be t e invalid invalid Vii lii that protect pro teNt will be overruled and I 1 I 1 a valid patoni will then ai a matter of if cur cure e be inducil to tile the defendant hat if i the arotca irot Cit N I 1 found to la he a valid one I 1 I 1 tile delIn danti application for a patent 1 wll N be rejected sill hen on a eloper I 1 it will bo be the july duty or of the secretary of the interior to refund to the I 1 defendants abo mui or of money paid by them abr the he mining minine landi involved see 4 8 sut ta t a at t la large rge M 11 IJ id 3 the objections urged to the are arc not tenable and the jc do fen fend janta ants demurrer lit u oi an |