The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-22
TYLER-LAST CHANCE
What Is Said About the Recent Su-
preme Court Ruling.
IN THE MINING DISTRICT
The Coming Season Promises TO
Be an Unusually Lively One q
Erection OF Smelters W'
and Prospecting.

Special Dispatch to the Standard
Spokane. May 21.-In the famous Ty-
ler-Last Chance controversy another
step was taken last week before Judge
Beatty In the United States Circuit
court at Moscow. Idaho. The question
came up on the application of the Last
Chance Mining company to that court
to dissolve the injunction restraining
them from working on the ground In
dispute between them and the Tyler
Mining company.
The Last Chance Mining company
claims that when the supreme court
decided that a judgment. which had
been formerly obtained in a contro-
versy between the two parties in the
United States circuit court of Idaho,
was conclusive of priority of location,
that the Last Chance would, by vir-
tue Of that fact. be entitled to hold the
disputed ground. The Tyler people
claim that as they have the apex OF
the ground in their claim. and 1t was
admitted that the ground in dispute
was a part Of the vein OF which the
Tyler held and owned the apex. II was
entitled to It; and that the supreme
of the extra lateral rights under which
they claim this vein: and that. under
the facts in this case. II was imma-
terial which OF the claims were prior
in point of location. the Last Chance
having been located across the lode
while the Tyler had been properly To-
Gated along the course of the lode.
The case Is almost identical in its
facts with a case lately decided by
Judge Hallett. United States district
judge In Colorado. in the case of the
New York Mining company VS.. the
Del Monte Mining company. In which
he held that the owner of the apex was
under the ground patented to the OPP
posing claim.
The question involved has never been
passed upon by the United States SUI
preme court, and although IL was very
deliberately argued before that court
on the appeal in the case just decided
between the Tyler and Last Chance.
the court expressly declined to pass up
on that question. and reversed the de-
cision in favor of the Tyler upon an
other ground. and sent the case back
for a ne~ trial.
The seems to be a great difference
of opinion among the legal fraternity
as to the effect of the late decision. w.
II. Heyborn and c. S. Voorhees,. the
attorneys representing the Last
Chance Mining company. interpreting
IL to mean that the Tyler possesses
no extra lateral rights. while Judge
]. r. Mcbride. attorney for the Tyler
Mining company, claims that as the
supreme court refused TO decide that
question, IL intended that IL should be
left open for the final trial. Judge
Beatty evidently holds to the latter
view as he refused to dissolve the In
junction. and stated that IL should re-
main In force for the preservation OF
the property until the case had been
f3pa11v tried
Since the decision recently made by
the supreme court the Last. Chance
people here have considered the suit
ended in their favor; and that they had
but to apply to the court and the in
junction restraining them from work.
ing the ground in dispute would be in
stantly set aside. The reconsidera-
ton OF the case seems 10 have been
unlocked for by them. and they mani
fest more disappointment at the courts
refusal TO dissolve this Injunction than
at their first defeat in the controversy.
The case will come on for finaf hear
ing in the United States circuit court
of Idaho not before September next.
James Breen OF Butte, for years the
manager of the Parrot works. will
build a smelter for the treatment OF
the ores OF Trail Creek. He has signed
Roi mine for a supply of 81. 500 tons of
ore. with the option of taking an addi-
tional 81. 500 tons at the same price when
that contract is worked out. 1t Is not
known whether the smelter will be at
Northport or Rossland. ID. c. Corbin |
Of the Spokane Falls AZ Northern. Ia |
vors Northport. and II is believed such |
will be held out by him as |
10 establish the works there. The plant |
viii have a capacity of from so to 100 |
IONS of ore daily. and will bid for the |
,res OF the entire Trail Creek district.
The War Eagle people have declined |