The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-15

AS the result of the successful clos
Eng up of negotiations which have
been on for several days past, the now
famous litigation involving part of THE
holdings of the Old Jordan and Ga
lena Mining company, and part of
those of the Niagara Mining company
in the West Mountain district, will be
no more after today, for then the cases
which have been on the records of the
district court since 1890 will be wiped
off and the differences between the
two companies named will be at an
end. In the settlement the Old Jor-
dam company receives title to all
ground lying west of it's east end line
extended, thus maintaining its patent,
while the Niagara company receives
clear all ground east of the east end
line of the Jordan, and in addition
an exchange of 800 feet of surface
ground on the Dartmouth is made for
an even number of feet on the Buck
eye. The Niagara owns the former
claim and the Old Jordan the latter
No damages are to be held against the
Niagara by the Old Jordan, and both
companies are to pay their own costs
There are some minor details connec-
ted with THE settlement, but the gen
eral result Is not affected in tine least
thereby, inlasmuch as they merely ap.
ply to payment for uneXpired leases.
Thus will end what has probably
been one of the most hotly contested
and at the same time one of the most
expensive series of cases that has ever
claimed the attention of the courts of
this territory. Then again, the liti
Cation was of am important nature,
involving as it did, the broad claim
location method recognized at the time
Of the location of the Old Jordan. This
last named claim is probably the old
est in the territory of Utah, having
been located in 1863, although its pat
ent dates later than do those which
cover the four claims comprising the
Utah group of the Niagara, which
conf1icted with the Old Jordan. The
suit of the Old Jordan ifnd Galena
which brought The fight squarely to
the front, was commenced in 1890, and
tried in 1891, before Judge Anderson. a
decision favorable to the Niagara COM
pany was handed down by ilhe judge,
but changes We're made by the latter
before the record was made full. Upon
this showing Judge Zane granted a
new trial and the case should have
been called for hearing on the Ord of
this month Incidentally, it may be
here stated, that the facts brought out
at the hearing on motion for a new
trial, are said to have been the direct
cause of the retirement of Judge An
ders0n from the bench. Other cases
have grown out of the original suit,
the Niagara people cross-complainting
the plaintiff. All litigation will be
ended, however, by a motion to be
made i'm open court today. In the
original case the Old Jordan company
claimed $4,000 damages, but this de-
rnapd is tn he WiDe0 omit
AS before stated, in the settlement of
these cases, which was effected last
evening by General Manager Thomas
Of the Niagara and his attorney, w. c.
Hail, ON one side, and Messrs. L. z.
Holden and A. Z. Holden, with their
attorneys on the other, the east end
line of the Old Jordan claim is made
the compromise point, as it were. All
property west of this dividing line
goes to the Old Jordlan company, and
comprises that territory actually in
dispute, While the Niagara people Sc
cure the ground east of the line. This
cuts the Dartmouth claim, one of the
Utah group, almost evenly in twain,
part going to the plaintiff and tlle re-
mainder to the defendant.
Both parties in interest seem we'll
satisfied with the adjustment of their
differences, even though in perfecting
the settlement concessions had to be
made The Old Jordan people were
particularly pleased that they We're
able to protect their patent in its en-"
tire'ty.