| Show I 1 11 I 1 LING of BROWN 17 CASE HE WAS TO ARGUE IS 15 DECIDED ADVERSELY supreme court decides that an injunction against a mining I 1 company holds Holdst Good washington jan 14 in an opinion by justice brewer the supreme court of the united states today decide dol 1 the sharply contested mining cao between the montana mining company and the st louis company itri arising shig out of a dispute over a thirty foot strip of rich mineral ground connected with tho drum gold silver mine in lewis and clark county near helena the deci decision alon was in favor of the montana company this is the cabe case in which former V U S senator arthur brown of utah was engaged when he be was shot and hilled killel by mrs bradley he ile was employed by the st louis louls company which avas the loser by action of the court one causa cause of the controversy was the much disputed question lon of the right to follow a vein when it leads to other ground than that on which its apex Is located but justice brewer found other reasons for his decision in this case the apex Is on ground onnel by the st louis company but aei as it descends it crosses the vertical side line of the montana company the st louie louis company claiming the right to follow the vein even under the surface owned by its rival brought the suit sult alleging trespass the case originated in the united states circuit court for the district of montana and while holding tor for the st louis louig company that court enjoined both companies from operating in the disputed territory mhd decision was affirmed py uie the federal court of appeals and the thereupon the case was appealed to the supreme court of montana with the result that the verdict was reversed while the ease casa was pending in tills this court judge hunt of the montana circuit court dissolved hs his first injunction insofar as it applied to the st louis company and it was to mccure reversal of that order that a petition was filed in the supreme feu preme court recently that petition was granted and the effect of decision will bo be to td practically renew judge hunts original injunction and to nullify his later order |
