Show V THE U S RESTRAINED Judge Marshall Makes a Ruling in Bingham Controversy Under an opinion by Judge Marshall yesterday morning the United States Mining company has been temporarily restrained from working ore bodies beneath be-neath a portion of the Ashland and Northern Llcht minim claims In the West Mountain district Judge Mar slmirs opinion touches upon the merits of the cas l In other details setting forth In regard to the ownership of an Important portion of the vein In controversy that the averment of ownership made by the Ivanhoe Mining Mi-ning company and Enos A Wall the plaintiffs In the case ntnnds admitted The point In controversy ia the claim of the Ivanhoe Mining company by right of apex to n certain valuable vein which the United States Mining company has been working on The plaintiffs In their complaint set out that the apex of the vein can he traced for a distance of 900 feet on their claim the Ashland property I finally runs Into the Northern Light property owned by the United States company and has been worked to a considerable extent by that company However In accordance with Judnc Marshalls order or-der work will be discontinued pending a final settlement of the litigation The defendant company Is also prohibited from marketing a large quantity of ole now on the dump of the Northern LI = ht Judge Marshall In his opinion sets I out that In order to quiet title or to recover land by ejectment It I Is not always al-ways necessary to describe It by meter and bounds Any other method of description de-scription which will adequately Inform the defendant of the land he Is Intended Intend-ed to vacate Is sufficient The name principles would apply It Is held to cases here a defendant Is enjoined from committing trespasses on land It la I only necessary that he be clearly informed in-formed of the lrOperty on which he It forbidden to trespass The opinion also acts forth regarding regard-ing the defendants suggestion that the disputed vein may have He apex with in certain of tho defendants ground which Is not In controversy that the plaintiffs made an averment of ownership own-ership which must be admitted The plaintiffs allege that they arc owners of the vein so far as It lies vertically beneath the Ashland claim and also to such exterior parts thereof on Its dip as lay between tho vertical planes extending downward through the ond lines of the Ashland claim and continued con-tinued In their own direction so as to Intersect such exterior parts By the facts no far proven the court holds the complainants must be taken to have dlsproven that the apex of the vein In controversy lies in undisputed ground Regarding the plaintiffs description of the ground In question the court holds that tho description Is not as certain cer-tain as Is to be desired but that It Is competent In conclusion Judcc Marshall Mar-shall directs that the United States Mining company be restrained from removing any mineral or ore from the vein vertically beneath the Ashland and from the exterior parts previously described The conditions of the temporary injunction In-junction arc to bo fixed at the hearing of the Interested parties On tho Now Channel A telephone message from Superintendent Superin-tendent Brown of the Centennial Eureka Eu-reka to the local ofllccs of tho company yesterday says that conditions In the new channel have shown no material change and that he IN following the quartz with every hope of getting Into the main body ut an early day Increasing Production Andrew Muyberry consulting engineer engi-neer on the staff of the United BlnK barn IHS the leuuoca on its Rough Wrestler claim arc working on an unprecedented un-precedented breast of ore and breaking down a corresponding amount for the market Of conditions at tho Silver Shield Mr Mayberry says the driving of Franklin tunnel Into Its territory will begin as soon as the air compressor compres-sor at the United States Is I started 501 |