The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-19

For the remainder of the week, at
least the parlors OF the Knutsford
will be transformed into judicial
chambers for the sitting Of the special
commission sent out from the courts
of the South African republic for ne
purpose of taking testimony in the
now famous cyanide patent cases,
commenced by the government at the
instance Of many mine owners who
have determined to break the latter's
patent wide open, if possible, in order
that they may escape the payment Of
the required royalty. This commits
sion arrived in the city yesterday in a
special car over the Rio Grande West
ern and all OF its expenses are borne
by the owners of the cyanide patents,
which have become so valuable as the
use of the chemical is extended to the
various mining districts of the world.
Edward Kent, of the firm of Butler,
StilIman & Hubbard, of New York
City. is the commissioner, while
Charles w TruslOw, Of New YORK,
represents the plaintiff in the action,
thai tDe son -i-.- "a. a liz -
!. owners combined, and Walter d. Ed
= monds, OF New York. appears for the
cyanide patent people. The other
members of the party are. Ihonlas W;
Goad. of Denver, manager OF the Gold
and Silver Extraction company OF
America Qimited), the owner OF the
observation-disclosures patents ior Inns
country; J. Noel Sparks, of LONDON,
one of the engineers of the Macarthur
Forrest companies; Arthur B. Cook Oh
New York, also stenographer or the
commission, and DR.. Henry WertZ' Oh
New 1o.A CITY also representing me
parties contending against uhe patents
in south AFRICA Mr.. IfuSlOW anu IL
Wurtz have previously to the slI. ln"s
of the present commission taken teStl-
1nonv for the plaintiff, among the VII
nesses examined being Professor Johh
Williams, until recently general man.
ager OF the IbeX syndicate here.
This commission is being carrleu on
ar the instance and expense OF the
owners of the MacArthur-ForreSt pat
ents. and the object is TO present 20
1.he South African courts the teSll-
mony of practical mining men anu
mining engineers in TINS country d.
10 the novelty of the MacArthur-foI Or
rest cyanide patents, as well as TO tEe
erenersl appIica bility of this process TO
the low grade, gold-bearlng ores u
After commencing its sittin6s in
New York the commission went 10
Denver, where numerous witnesses ISSeS
ware examined at the Brown Palace
hotel during the past tnree w .s1am.
among those who were eAdil-
;ned were such well known men aS
Fben Smith, who is one OF the owners
of the Omaha and Grant Smeltlh9 -
II is through his partner, d. h. MOI
fatt, that the representatives Oh tle
Dateut before the commission nave
come accredited to the leading mining
1,9a, Of this section, the Macarthur
Forrest process having been ADOPTED
hy Messrs. Moffatt and Smith, who
have taken license themselves unQer
its patents Among the many other
witnesses who testified IN favor or the
pstents at the Denver hearing were Al
. bert Low, a well-known chemist and
| metallurgist: Edward b. Kirby, pro-
/ lessor of metallCrgy; A. A. Blow, VINO
located the Leadville gold belt; w. >.
Ward. well known as the representa-
tive of the mining interests Of Colo
rado al the Worlds Columbian expo
sition. and others, including many OF
the numerous licensees of the Ameri-
can company.
The commission is stopping at the
Hotel Knutsford, and Will probably
during the next few days examine
number of witnesses here on behalf OF
the patents.
TIE title Of this suit under which the
natents of the McArthur-Forrest pro-
cess are attacked, is James Hay vs..
South African Gold Recovery company
Oimited) ard the case is TO De tried
before the court If last resort in the
South African republic. which IS ruled
~ the Dutch All of the testimony
taken must be transcribed in Dutch
Refore submission 10 the courts. 1t is
Z h. 10 . mo
this suit alone is Sl,000,000 annually,
represented by the payment Of royal
ties. Practically all of the South
African cyanide users have now dis
/. continued the payment of the guar
anteed royalties. pending the outcome
of the suit now on before the court.
The issues involved are perhaps
greater than those Of any other
patent litigation, not excepting that
over the Bell telephone inventions. Al
ready the English high court Of ap-
peals haze decided in favor CT the
patent for the dilute solution OF cya-
hide, partially reversing the Judgment
of the court below. This suit in the
South African courts and the Mercur
case here are still pending. however.
1t is the presence before the Utah
courts Of the latter case which gives
the Goings of this commission such Pc
cuiiar and widespread local interest
pany of America Oimited) has sued
the Mercur Gold Mining and Milling
pany of America 0imited) has sued
test FOR all of the other cyanide users
company TO compel the payment Of
royalties and this suit is to be made a.
the Mercur company, and another de-
in the United States 1t has come be-
fore Justice Merritt very recently and
the demurrer OF the defendants was
sustained, the Plaintiff company being
forced to file sn amended complaint
which it has Just done. This second
complaint is also looked upon as being
vitality defective by the attorneys for
the Mercur company, and another de-
,nurrer is TO be laid before the court
a. the next few days. It will take the
IS me stand as did the other So far
the bird of victory has perched upon
the banner of the defendant, and the
cyanide users in the BATH being car
ried on here. Mr. Trus,aw and DR.
Wurtz are here in the interest of the
mine owners and the former will cross
examine all of the witnesses placed
upon the stand by the other side at
the coming hearings, as he also did at
Denver and New York. The doctor is
a recognized authority on the subject
under discussion and lends material
aid to the attorney. It is anticipated
that Frank Pierce and Judge Dickson,
attorneys for the Mercur company,
Will take part in the proceedings as
ccfcfan7f counsel RI Mr. rrrl1SloVU