OCR Text |
Show Ilk iinvDLVEO in Fiorai CSSE Edict of Supreme Court Means Prolonging of Famous Suit. In mining" circles nltention being culled to the fact Hint on Monday, November No-vember 11, h ( the time when I lie en ( ire n;ition was cclcbr.iltng as only Americans can celebrate, the sijnHiicv of the armistice that spelled the end of the world war. the supreme court of Die United States handed down a decision that virtually passed notice, although of far-renchinff importance. This was a decision lo the effect that the highest court wotdd reopen re-open the case of the Minerais Separation company against the ilutte & Kuperloi Mining company. At frequent intervals over a period cf several years, mining and metallurgical publicntions of every character have devoted de-voted much space to a discussion of 1 he various "phases of this famous "Minerals Separation company e;se." The Boston News Bureau gives a lu-$id lu-$id and comprehensive account of the status of the litigation. It says; "The circuit court of appeals at Kan Francisco last March reversed the decision of the lower court in favor of Minerals Separation company and the case was remanded back to the Montana court with instructions to dismiss the bill. Loiter, the circuit court modified its order and decree so as to grant the Minerals Separation Sep-aration company an injunction and accounting ac-counting against Butte X Superior on all operations of the latter company covering cover-ing the use of one-half of 1 per cent, or less, of oil up to and including January Janu-ary 7. KM 7. Minerals Separa tion then took the case to lhe I'nited Slates supreme su-preme court, ashing for a writ of certiorari, certior-ari, or a review of the whole proceeding. "Butto & Superior has maintained that if the writ is issued ft will hring up only a single question, lo wit. thu question ques-tion whether the patent in suit covers the use of oil in quantities between 1i of 1 per cent and 1 per cent on the ore. It also maintains that the patent in suit does not cover the use of oil in epianti-ties epianti-ties above. 1 per cent as squarely decided decid-ed already by the. supreme court. Furthermore Fur-thermore thai the Ninth circuit court of appeals has enjoined against the' use of V2 of 1 per cent of oil and ordered an accounting for such time as Butte -"i Superior Su-perior used less than this quantity. 1 1 contends that the only territory regarding- which there can be any possible dispute dis-pute lies between of 1 per cent 01 oil as the lower limit and 1 per cent as the upper limit, basing this contention on the supreme court decision that the patent must be confined to the use of oil within the 'critical' proportions. "The outcome of this litigation is eagerly eag-erly awaited by the mining industry. Jf it results in the United States supreme court upholding the Minerals Separation Separa-tion contention that anything: up to 1 pet-cent pet-cent of oil. or twenty pounds per ton, used In flotation constitutes infringement, it will have valid claims for settlement with Butte ,i Superior. Miami Copper and the Jacklimr porphyrias, Utah, Chi no, Kay and Nevada Consolidated, for all of. these are now using an amount of oil in tneir flotation processes that falls wi 1 bin the scope of the contention of the Minerals Separat ion com pa nv. "Millions are involved." New York Listed Stocks. J. A. llnRle & Co., Ill'l South Main street. fnrnUli the follnn-injr pml m ions, received ovlt llmir privnte wire .vslerriiiy : I Pales. nig1ir,ow.!Mose Ainpr Steel Fdv com.. I 5.7nl nr. I !l''l !Ci Alloy yteoi i,roo! 40 I :ti)i.jl -in Acrienl riieiniciil ...! ! 1 j Alaska Geld ! rm' 4 I -1 Amer Simnlra Jl.Odll : 1 nfi i. 1 1 0 1 0-( Baldwin Ism-o ll.innj 801 7!- I 71e:.', Cerro do Pnsco 5CM) 37", a7-1, Chile Copper J.fH LM':. 21 21", Cnlif PIce If "'I 47"l -17'iJ 47 Greene Cnntiriea -H( f.L"., ! I ,rC Pie rre -Arrow 2,K)i -ItJ I 4-"i Tnternii Cirp ' e"i Midvuie steel 1 ,:,niv 41 ! -YAK 4:i'.'. Ontiirin Silver I 100' 7''-l 71-' "'. Pressed Slept fur 1 1 I ' (VP.f, nnibvnv St Sprinps...l 200 fi7'-'1i (!7 (17 Povnl Pnteh I tmollin PM Mm Sentliei-n It It pfd ! 'iM) 7n',l 7 "i f 7'H, Sinelalr Oil I 70nl ?.H V.rU Tenn -opper I 200 lli I 17r0 "in Tehireo I'rod I 13. Mini 7 S ,! 70V, I 7S Vtrsiiiin ('hem I tiif'i :rK fi3'-l r.3'.'. |