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Show UTAH GOPPEH Court Grantt Request, to Construct Tunnel and Pipe Line at Bingham. An order granting taa Utah Copper company's motion to ke immediate possession of property . on certain claims of the Montana Bingham Mines company in th West Mountain Moun-tain mining district, B The ham canyon; to construct a tunnel and pipe line to recover water said tojhold copper in solution, was issued by Judge Chris Mathison in the Thirf district court Wednesday according if the Salt Lake Tribune. The order ws made on motion mo-tion of the copper company asking for immediate possession pending action ac-tion on its condemnation suit, so that the company .may immediately ake steps to recover the wafer from which it seeks to precipitate i i vats the mineral min-eral content. ' The court held thatwhen a valueless value-less substance sue has, the water involved in-volved is mixed with i valuable substance sub-stance .the whole bcloqgs to the owner own-er of the valuable substance. The court also held that if n taking water from the Utah Copp r mine dump, which, is on the defen ant's property, the copper company Removed anything any-thing belonging to the'jMontana-Bing-ham company the latter would have redress through action! for damages. ' Findings Summarized The title of the suit s Utah Copper company vs. Elias AiSmith, trustee; Francis B. Critchlow.f trustee, and Montana-Bingham Miiet company. The court summarizedinis findings as follows : .J The plaintiff seeks tf condemn certain cer-tain lands in the district to collect and convey away waters which percolate through its dump of tow-grade ores, asking for an easement to construct a ISO-foot tunnel beneath the surface of the gulch on the defendant's mining min-ing claims; an easement at the face of the tunnel to constrYside branches s"o sSftb form i"reterny4fpound the water; an casement to. afford a dumping place for the material removed remov-ed in constructing the tunnel, and an easement for a pipe line to convey the waters- and leach certain of the metals." met-als." ' ', . ' ; , On September 30, 1907 ,the copper company obtained a perpetual easement ease-ment to dump earth, rock and so forth from its own ground to certain mining min-ing claims of the defendant, and also (Continued on page S) Utah Copper Wins (Continued from Page 1) a perpetual right to temove it or any part of it. An immense dump has been created at the mouth of Win-amuck Win-amuck gulch, and covers, in part, five or six acres of the defendant's ground. Large Copper Content The court tound that the dump contained con-tained an estimate of 100,000,000 pounds of copper. It appears, he found, that rain and snow percolated through the dump and dissolved copper, cop-per, and that copper in the waters can be extracted by leaching and other chemical methods, by collecting it in vats. For more than a year past the defendants are said to have treated waters in the plaintiff's dump in this manner, and in 1925 extracted $14,000 worth of copper. It was suggested by the plaintiffs, the court said in his findings, that the defendants would "probably do better this year," for year by year percolating waters 'contain 'con-tain a heavier copper content. The defendants contended in part that the water belonged to the defendants, de-fendants, and that the defendant is also a mining company engaged in mining and reducing ores ,and that the percolating waters are put to public pub-lic use by it. Easement, it is claimed, will materially interfere with the defendant's de-fendant's mining operations 'of far greater public use. The court held that water percolating percolat-ing through is not distinguished from the soii itself the dump remains personal per-sonal property and the water likewise. like-wise. The court also held that the plaintiff plain-tiff has the right to remove the copper cop-per laden water even after it has reached the surface of the defendant's defend-ant's ground. The plaintiff's bond was fixed at $1000, it being agreed, the court said, that the value of the property sought to be condemned is nominal. |