OCR Text |
Show Friday, Jaly EUREKA REPORTER Page 8 4 Long Standing Dispute Will Probably Be Settled dfj I Iiecreo will be (lied in the Unl'-e-l States district court within a sho t time In a dispute between the o:J j Grand Central Mining company, now j a part of the Chief Consolidated. aul the Mammotb Mining company, i which was brought Into the federal j court more than twenty-tw- o years . ago. The decree paves the way to a ; final aetlement of claims beiwe".i I these two companies and their sui.-ceiMOrs, al: hough even yet it U unite j pOKsidie that differences of opinion as to accounting might a,ain bring j the disputes into the courts tor!j settlement. 'j The facts Involved in the action are largely connected with records if surveys; but through it ail runs a thread of the romance which attended the development of the wonderfjl Tintlc district, which has pourcJ many mllllona into the hands of I s operators, and In atlll a heavy producer of wealth. The written opinion of Jul.ce T I). Johnson of the circu.t court s now on file there. It directs that u decree be entered in amrdjn.:s therewith. Judge John A. Marshall, AwS Crow, of Marshall, Macmlllen DWCTCOBV KINO BAMOT counsel for the Chief Consolidate.!, la preparing a proposed decree, in UNIVERSAL JEWEL accord with the courts opinion, and the filling of this will close this sta.;o of the case. its all life The suit as filed was onn of a interesting York A sparkling Ltory of New of four or five, perhaps more, group thrills! and sensational anglrs. Scenes of grandeur and the two mining rompunip.. between A gripping drama of life in the big town and the advenwhich found their way Into the f ifth district court of Utah, and into the tures of the cutest, most lovable little darling ever in of these Borne federal court. York New of The JJarling SchaHner pictures. See why she was actions Involved the question of apes: Copyright 1924 Hart n for upside-dowwas town looking whole of One the and why rights In mining claims. these was fought out into the her! court, the Grand Central finally winning the uction. With a splendid supporting cast including Sheldon The null on which the final decr.M Lewis, Max Davidson, Gladys Brockwcll, Frank Currier, Its now pending was filed in the Fifth Pat Hartigan, Carl Stockdale, Minnie Steelo and others. district, while Thomas Marioneaux iwus Judge, In June, 1902. It raised Directed by King Baggot. ' questions which dated back as far 'as 1873, when the Mammoth Mining UNIVERSAL JEWEL company patented Ms First Northern Intension claim. The Jenkins property, patented in 1888, the Golden 1890 and tho liradlcy in KInrs in I; 1893 were all overlapping rlaima in the possession of the Mammoth company. Conflicting with Ihese were ADMISSION NOW 25 CENTS. the Bilveropoiis and the Consort claims of the Grand Central Mining company, an organisation first of Utah, but succeeded by a company of the aarne name organised under the Grrnd Jury Called To Permit Granted To Run Colorado in 1902. laws IlltO Smashi Bank Dividend-Eurek- a Look as early as 1899 the dis- At least Stage oputea between the two companies , ; r:iiid Jury has been summoned found their way into the courts. In G. L. Suiiderson of Knrcka w i by Jud.'.o Hanson to meet at Irovi the suit derided last wBek It wits given u franchise by ho public utili- oil July !Mh. to sit in ronnectloii with claimed by the Mammoth company ties commission lust Monday uullioi' iiiut'i is in Cluli county. At the re- - that the Grand Central had been king him to operate a pas iemo r qvc t of liiatrlct Attorney M. 11. working deposits under Mammoth stage lino between Kurrku mil lit I ; (, ii ml on report of findings of territory for five years preceding tho Tlnttc Standard mine ut Idv dcn l. j, Ivor for the late Isyson K- - riling of the action, or since 1897, Two stages are to be run dull" , on llll(l, saving Bank, the affairs of and had taken out ores valued at & leaving Knrcka at 7 oclock in the ,t. lute brink will be Investigated by around $200,000. An accounting was o'clock n,;. morning mid tho second nt Jury at tho coming sossitm.' asked for these values, and a receiver for the Grand Central of Utah, lu the lifter lumn. Stages will li'iirc on the ground that, having turned Dividend at 2.30 in In morn in:; und K n Its assets over to the Grand Uentril uficriioon. in the oclock ,f you re ,n th8 mark,t lor of Colorado, the Utah organization ploy i os of the mine will l clnivcd ' 1)OI11P N(IW prnk Unrrlly. He haa nicotine mill,.r (,f l0nus that can be handl'was insolvent. 1 le each way. tho company sum. This case was soon brought into with e,l reasonably. cost mi this equal (he federal courts, one of the litigants being a foreign corporation. Papers filed in connection with it show decrees and orders by boh Judge lligglna and Judge Marioneaux in the Fifth district. In casee where the issues Involved were rluscly al- -j lied to this. The ore lodes of which the com-- 1 plaint la made were, according to the) original complaint, well toward the south-eacorner of the Bradley claim, and were also covered by sev- ral other filings. However, the main1 Issue on which this case was tried Involved the whole boundary of the) Bradley, and affected particular, the west side of that claim. The west and the east aides of the Bradfc ley each have an obtuse angle, and It waa the location of the survey post marking thla angle on the west side which formed the crux of the P I dispute. The case waa halted until the mat-- : HART SCHAFFNER & MARX CLOTHES ter of the apex law as applied to the ! dispute between the two companies' was decided. Then It was heard bet fore Judge John A. Marshall In the federal court, about the year 1913. At any rate. Judge Marshall In that year handed down an opinion, but t result of the action will not be to de- started at what he said was for some reason the decree never the posi- Donuld iurrer true the termine exact ground which the tion of Post 2," and working back made for litigation purposes, was filed. When Judge Johnson had succeeded Judge Marshall on the Mammoth procured with its patent ward from the Litchfield notes, refuses to be bound by It. bench. It was found necessary to go to the Bradley claim; but. on the through posts 1. 6 and 5. According Other evidence presented I over the rase again. The witnesses whole case Judge Marshall is of the to Mr. McDonald, the post 5 of Mr. and were not heard, but the voluminous opinion "that the field notes afford Litchfield most have been established cusses at some length, and some of it uncertain, l04, transcript in the case was presented the most reliable means of deter- near a lime contact, on the aide of a not conviao but "argumentative, the to the court, and furnished the basis' mining position of post 5. The hill, and about twenty-tw- o lf and He concludes that the propJT we of argument for several sessions.1 use of field notes for this purpose is feet from the Burton Post. to pursue is to rerun the fo the only method found in the record Judge Marshall now appearing as However, before either of these the kqpwn point at post 4, attorney for one of the litigants and' which reasonably tends to satisfy the rival points had been established, and the field notes. He Is not A. L Hoppaugh for the Mammoth : mind and remove the decision of the in 1891, only four years after the sur- that the work of Mr. Utchfldd Judge Johnson in his opinion! question at issue from the domain of rey, the record shows that In sur, accurate, and Is ' quite ur found that 'the lodes were as con- -, conjecture." veying the Conaort, l p. Brooks position of post 5 as determin v tended by the Grand Central, but.' The Litchfield survey was made In came to a point about 150 feet from survey from post 4, accordiwf refusing to accept as convincing the' 1SS7. The location of one corner of where the Litchfield post 5 should field notes, will not give evidence on either side as to .the that survey there were six corners nave been, and looked for that cor- sltlon as established by exact location of the west boundary on this claim is now known ner. He did not find it. wU1 Jofcn-eo- n J j of the Bradley claim, orders that It' Post 5, as it happens, dispute, as It appears. This Is takes the position thatJudge this is shall be determined from the field' known as Post 4." Ten years after somewhere near the ted wnably gooj evidence that the post1 vein which notes of the surveyor who made the! the first surveyor in has been worked. 1897, was not there at that Jute, and' the Utig time, A. B. Litchfield.' Lafayette G. Burton, original survey. according to the therefore the post found by Mr. Bur-- : lng to attorneys for rig Mr. Litchfield has now been dead' evidence, found a post in the apex The both parties. bottom somiV57 'WM POSt rep!aced by; now been decided. When many years. of a draw, which was marked "P-5uakno"n. after June. ocation of post 5 has been allr8 The survey notes show what pur- and with the number of the Bradley port to be the corners and courses' claim. 15S. It was the Grand CenPjBei ed. the question may then, to bound! j0hn0n as followed by Mr. Litchfield. How) tral claim that this was the refuses be be mathematically he d post and h 10,1 PSt n that ever. Judge Johnson says that he Is In the position where it was estab- He much. If anyth I.nds no good reason why Mr Mr-- lust how haa taken off the 0TUof, quite sure that hi order will not de--! lished by Litchfield. In December. Douuld company .bould termine the position of the point ob- 1900. shortly after a decision had ,t.r.,d panya property, and what p ot which tuse angle most eagerly disputed., been rendered by Judge Higgins in was In div repaid. If the companies ,octJon hU snrTey, Instead of' known as "post 5, as fixed by thj one of the cases taken to the together on this subject. qpurtv, Post 4. the location of which Is' may again come before to .original survey. In other words, the. Malcolm McDonald made a survey not to doubt. He bold. the. Mc Salt Lake Tribune. .j ! j ; j - i t sup-i-rent- e You Can Now Buy ! Hart Schaffner & Marx j Star Monday and Tuesday j Dixie Weave $35.00 Suits for i - ; I , i J I T. j Hart Schaffner Marx Students Long Pant Pain Palm Beach Suits Beach Suits for for , $16.75 Come to These suits keep you looking smart every minute and keep you cool and comfortable! st ; ; n : SHRIVER W. F. I Em I' li li Banner Celebration of Utah oms-ha- Wild McIntyre West Rodeo -- ' The Biggest and Best in Utah d j ," pt h... ae ti. |