Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-09
THE GREAT PHOSPHATE CASE.
Judge COthran's Decree Against the
Pacific GuanO Company.

Pacific GuanO Company.
From the OharIest2n IS. o. Ne,os and Courier
The decree of Judge Cothran in the case
of the State against the Pacific Guano
Company was filed on July 81 in the office
of the Clerk of the Court OF Beaufort
county. The decree covers seventeen
pages, and is able and exhaustive.
The Judge reviews the former proceed
Ings in the case, which established the
ownership of the State in the beds of
Horse Island, South Wimbee, Palmer's
and Haulover, Sbeephead or Fish Creek,
all containing large and valuable phOs-
phate deposits. He states that the case
was then remanded to the Circuit Court
to ascertain the quantity OF rock taken
by the Pacific Company from these creeks,
together with the amount of damages
which they should pay tue State therefor,
The Judge finds this inquiry complicat-
ed because of the fact that the Pacific
Company mined out of other creeks be-
sides those belonging to toe State, and
also from the marsh. He, therefore, pro-
ceeds to inquire, first, how much rock the
Pacific Company dug from all the creeks
in which they worked, and from care
full comparison of the various estimates
as submitted TO him by the several cOun.
sci, but all made up from the books Of the
Ions.
The next inquiry is to determine how
much OF this rock came from the creeks
belonging to the State. Here, he says,
the testimony is both voluminous and
conflicting, but after considering it and
the arguments OF counsel on the point, he
finds the amount of rock taken from the
States creeks to be 1S,536% tons. He
then refers TO the decree of the Supreme
off rDn .InnOa al
which fixes the measure OF damages as
the value OF the rock, less the amount
which the defendant company has added
to such value by its removal and prepare
ton for market.
His next inquiry, therefore, is as TO the
value of the rock 80 taken from the States
creeks. He declines to apply the rule In
trover of giving the highest value proven
between the date of the conversion and
the decree, and he also declines to fix it
at the statutory penalty OF $40 per ton,
as not applicable to this case. He states,
however, that the books of the company
show that the rock was for many years
charged in them at a value OF 81 and IS
per ton, and tax ing the average OF those,
he fixed the value OF the rock taken at
81 56 per ton.
He then goes into the last inquiry, as to
the cost OF production OF this rock. Again
taking the books Of the Pacific Company
as the basis from which to ascertain his
facts, he reviews these carefully and fully,
and concludes as his finding on this point
that the average cost OF production tor the
entire period is "a 90 per ton.
BY deducting the cost OF production,
81 90. from the ascertained value, 81 So,
he fixes So 80 as the value OF the rock In
its natural state and condition, and by
multiplying this by the number of tons
ascertained as taken from the States ter
ritory. Is, 5361z, he finds the total damages
due by the Pacific company to the State
to be S53,570 4S1z for which he allows
judgment.
This is but a very condensed summary
of an elaborate and evidently well con-
sidered and certainly able opinion.
The State in this suit was represented
by Messrs. Augustine T. Smythe, w. j.
verdier and A. NJ. Lee. The defendants
we're represented by Messrs. Simonton d
Barker. william Elliott and Horace b.
Sargent. Jr., OF Boston