The Delta independent., 1888-05-01
COMPROMISE OF A FAMOUS
SUIT.
An Amicable Agreement in the
Aspen.Durant Suit
Reached.
Special to the Denver RepublIc.n.

Special tc the Denver Republican
AsPEN, Colo, April 24.-The great Du
rant-Aspen apex side-line case has beer
settled. For several days there has beer
a suspicion that something of the kind wa.
aloat, but I. amounted to nothing more unit
to-day when, during the afternoon, it wal
given out that compromise had beer
effected. Even then 1t was based more on the
fact that the two sides had been seen to
gether during the day, RS the deal was mol
made until later in the day. 1t had been
observed that Judge Belford and Senator
Teller were together very frequently and
this had given rise to early suspicious. To
day both sides were observed together, bu,
all denied that anything was afoot until
after supper.
1t was then stated that a settlement would
probably be made. and your correspondent
later learned that Mr.. Hyman, owner OF
the Durant mine, had signed the proposed
agreement and that Judge Belford had gone
to secure the signatures Of the owners OF
the Aspen mine. In the meantime various
stories were circulated regarding the basis
Of the agreement The adherents of the
apex claimed that 1t was altogether favor
able to their side, and vice versa. 1t was
learned that the credit for completing the
deal belonged to Judge Belford and that
ho..whs the man who could give history
OF the transaction. When he returned to
the hotel your correspondent sought him
out and asked him concerning the matter.
He was invited to the Judges room and
the latter narrated all that he was at liberty
to make public tonight regarding \. Mr..
4. r. Butler, one Of the owners OF the Aspen
mine, was out of town this evening and his
signature could not be obtained. ID. NJ,
Hyuan, ID. X. c. Brown and Mrs Cowen-
haven had signed and Mr.. Buffers
signature will be afixed in the morn
ing. Until the latter signs the Judge
stated that he could not make the de-
tails OF the arrangement public, and that
anything circulated regarding these might
be pu, down purely as speculation. Thear-
rangement, he said. was entirely satisfac-
tory TO all parties and wipes out every
acton now pending between the Durant
and Aspen mines. Everything is cleared
up and the property is left entirely free.
Nessrs. Brown and Butler had received
money consideration oesides holding the
major portion OF their original interest in
the Aspen mine. The Conamara mine suit
had not been settled but had been kept
ont, only to keep the two separate. An ad-
tus,ment in regard to the after property
would Immediately follow.
The history OF this compromise, fully
narrated by Judge Belford, Is exceedingly
interesting. About three weeks ago Gen.
ersi Hughes, representing the Duran,, had
dropped into his office and suggested that a
compromise ought to be effected, both I'm
the interest of the public and the interest
of the litigants. To this Judge Belford re.
piled that he was Of the same opinion. Sew
eral meetings then took place between
Judge Bclfori and General Hughes at the
lat,er's house. Finally Mr.. Brown was
sent for and askedfor his uitimatum. This he
gave, and soon after the Judge came to
Apen. When he got here further inter
views took place, and Senator Teller active
ly interested himself in the attempt TO bring
about a settlement 1t WAS found to be up
hill business, as both sides were embittered
agains. each other, and many n conference
was broken up with some such declaration
from one or the other as shat they would
see the mountain sink to the fiery depths
from which It arose tcfore they would give
anything up.
Judge Belford and Senator Teller, how
ever, iabored on faithfully and were Joined
and aided within afew days by C.J.Hughes
Jr., and C. S. Thomas. Finally, last night,
1t was found atthey could get within $io,-
Of a settlement The question arose over
the amount that tho Apex people
should pay to the SIde-Liners. Dur
Ing the discussion OF this point Senator
Teller stated that the deal should
not fall through because Of this.
He would advise his clients to pay IT, and
would be willing to donate hts bill for fees
and expenses in order to help 1t alonR. The
Side line men were finally Induced to offer
to come down 5000, and this step was met
by the opposition. When this point was
arrived nt the preliminary papers were
drawn, and nll hands leave for Denver to-
morrow. where the final details will he com
pleted.
Among the many rumors sbOut the exact
terms of this compromise your correspond
cnt is able to single out tho following gen
eral ideas, which are correct: Butler and
Brown retain five-,welfths interest in the
Aspen mine, they having originally held
two-thirls of the property, the other one
third, which was owned by J. B. Wheeler,
having been included In the compromise of
last summer. They also receive In cash
less than $4,000. while other
items included In the deal swell theic saw
ings, which practically go as u bonus with
the settlement, to el5o,0o0.
This litigation has been pending since the
summer OF 1885. md the mine has been
practically tied up during that entire time.
The settlement is hailed with great rejoic-
Ing In Aspen. 1t will substitute activity for
idleness In this great mine and will have
healthy effect upon tho mining business
generally. Whatever the relative advan-
tagcs gained in the compromise may be, the
settlement will tend to discourage apex It'll
CATION In this camp and establish faith
where there has heretofore been hesitation.
The mine will now DO vigorously worked
and will be heavy producer. One promi-
nent Apex manager made the assertion that
he could take million month out of II.
Tho lowest reliable estimate Of ore In sight
In tho mine places the figure at e6.Oo0, 900,
while reasonably conservative men run the
amount up to ti2. 100000.
The smelter at AnimAs City, Lake cour :
ty. Is gradually being put In working con-
dition.