Show SKOOKUM MINING CLAIM J COURT AT DOISE dia IMPORTANT CASE bolce acla jan 1 judge beauy in iho united states court has decided the case of kennedy J hallcy vs charles sweeney et al tor a one third and a one eighth interest in the skookum ruining claim near wardner the decision Is against hanley the title to the defendants to the interest involved the skookum claim is one of very great value embraced in the territory being worked by the idaho empire state company ot which sweeney and dark arc the principal stockholders the great ore body originally in the last chance dips into this ground there has been a controversy between hanley and sweeney tor a number 0 years the one third interest has twice been before the su premo court of the state hanley being defeated in both instances judge beatty finds that this seems to be a case in which this court may consider as its guide the construction given the statutes by the state court As to iglio one eighth interest he says the conclusion is that the complainant upon whom the burden rests has not made his case by even a preponderance of evidence but he bases his action upon alleged fraud upon the part of the defendants in closing the opinion touches upon a possibly important point in the following language something has been said by counsel as to whether the apex of the ledge Is within the dmn claim while that is not a question for decision here it certainly 13 true that complainant has not suffered it the apex is not so situated and that it is does not seem a possibility from evidence with which this court is familiar in other cases tried before him |