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Show IB. S. COMPANY . Adds $2,5ii to h Vast Estate. IN Records a Gig Victory Over ID Its Adversary in Scrap Mm ' at Gingham. llB Court of Appeals, at St. Louis, Orders HUh a Decree Entered in Conformity Kg With TJ. S. Prayers. . Hill Special to The Tribune. ST. LOUIS, Mo., Nov. HQ. In the case oL llWn tll UnltC(5 Slates Mining company, ap-lwj ap-lwj pellant. against Leonldas M. Lawson, rely! re-ly! spondent ct al.. respondents, the decision lilt of the lower court has been rovcrsed, with lull Instructions to enter a decree In conform-lll-jj Ity with tlio prayer In appellant's bill. The Ifll ruling Is handed down by tho United Bill States Circuit Court of Appeals on an ls-ljif ls-ljif sue coming beforo It from the United Bfjif States District court, sitting at Salt Lake fjj! City; Reiner, J., of Cheyenne, presiding. Mml In the foregoing Is revealed with almost Hi! painful brevity the fato of an Issue be-Hfitj be-Hfitj tween the principals, which Includes Col. HI I Enos A. "Wall, Involving the ownership of llul ores at Bingham of a value npproxlmat-HEji npproxlmat-HEji in?, if It does not exceed, E5.CO0.000, tho Elf I wealth having been uncovered during re-Krl re-Krl searches that were prosecuted by the If Colonel In Kempton territory, that groat 111 camp. Under tho decision of tho Court of mmr Appeals, if It has been nccurately report-Hit report-Hit ed In tho transmission, tho United States mmw company was at liberty during tho day to 111 add this vast asset to its already lmpos-MWL lmpos-MWL lug estate. ID, It is claimed by the adherents of the H United States company that tho decision III Is final. As such It appears to have been IK interpreted In the mining stock market Wmy not only here, but In the East. In each tho gains in the market valuo of the com-IHJ com-IHJ pany's shares were spontaneous, while to Iif the market value of the entire estate- was IB added nearly a half million, mfm The vanquished, of course, have a right IjlV to apply to the Supreme court of tho III United States for a writ of certiorari, and in the event this 13 allowed that tribunal 111 will pass upon the points of law involved. Iff The decision by tho Court of Appeals, Ef sitting at St. Louis, and to which it was Mm removed after a trial before the District IN' court in this city, ha9 determined that tho J limestone belt, commonly known as the Ifll Jordan l!nestono at Bingham, and which, M according to the testimony In tho case. possesses a. width of from 150 to 225 feet, B having as Itn boundaries a quartzlto hang-Hi hang-Hi lng wall and a quartzltc foot wall, Is to HI bo regarded as a "single" lode. Wmm The claims on the part of Lawson and U "Wall, according to tlic pleadings, were M that an ore body coming to tho surface in mm this llmo belt, being but one of "many" Wkm ore bodies found within the belt, should OB 1 regarded as a separate ledge within the fl limestone belt and thereby denying, of courre, that tho limestone, with its walls of quartzlte, constituted "one" great lode. mWM A further contention by the plaintiffs, J Lawson and Wall, was that the mlneral-izatlon mlneral-izatlon of the llmcstono belt was due to a system of fissures which crossed the J zone practically at right angles to It, Mm while tho contention of the appellant, the United States Mining company, was that this Assuring was subsequent to the min-nfl min-nfl eralizatlon' of the great lime lode. Another contention on the part of the respondents, Lawson et al , was that even If tho lime belt were to bo treated as "one" lode, still they wero entitled to re-tM re-tM cover upon the ground that the Kompton M claim was laid upon a portion of the width J of the lime belt, and although the Jordan .Extension claim, belonging to the United States Mining company was laid upon and mm covered the balance of the width of the apex and was senior In location to tho J Kempton, still, Inasmuch as tho Kemp-mm Kemp-mm ton had, without protest, obtained a pat-mM pat-mM cnt for all the surface included within the limits of the Kempton, which patent was mm earlier in date to tho patent issued to the owners of the Jordan Extension, that it J was thereby conclusively determined that mm tho Kempton was prior In location to tho mm Jordan Extension; that the appollant was, by such prior patent to tho Kempton prc-nm prc-nm eluded from showing the truth, viz., that lAm the Jordan Extension was the earlier loca-J loca-J tlon, and as a .corollary tho respondents mmm claimed that the Kempton, tiavlng a por-lion por-lion of the width of the apex of the llmo mwm lode, and it being conclusively presumed WW from its having the senior patent that it mm was also senior in point of location, tho mm Kempton had the right to take the entire mWM lode in lt3 downward course, which In-WmW In-WmW eluded the oro bodies and tho enormous mm wealth in controversy. The decision by UH the Court of Appeals, of course, recog-an recog-an nlzes tho ownership of the United States tmwM to the ores In controversy. WRm Counsel which took part In tho dotermi-tmm dotermi-tmm nation of the lssuo and which included WWM Dickson, Ellis. Ellis &. Shuldcr and Suth-WmjM Suth-WmjM erland, Van Cott & Allison for the ap-IKw ap-IKw pellants. and Lindsay H. Rogers and mmm Judge Ogden Hlles for the respondents, Ml declined to comment on the decision until mmm a copy of it has been received from the cte rk of tho court by which It was hand- IKvJ In the controversy and Ihc fato of It Wm much interest has been manifested by mining men. especially those who have ao- lected Bingham as an arena. The Issue WkWM has been stubbornly and with not a little feeling, contested from tho first, and if thcro are any ditches ahead of those that J have been crossed they. will undoubtedly HH be reached before a capitulation Is or- II Over in the camp of the United States fl Mining company thcro Is, ofcoursc, much PJPJ exultation, while-those who have contend- mm ed that the Bingham lime belt constituted mmm a ledge are congratulating themselves HI that their position has been vindicated. M Meanwhile the next step will be awaited DH with much eagerness by the spectators. |