The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-15

JUDGE fNltClle, OF the lHlIu JHuiSlal
district court. handed down his de-
cision yesterday in the case of the Gey-
ser VS. Marion suit, entitled, 'Gisborn,
Milner and Boutwell, VS.. the Marion
Gold Mining company
According to this decision the judge
found in favor Of the plaintiffs on every
point. and unless the case is taken to
the supreme court and reversed, the
apex question as far as Camp Floyd
district is concerned 4, is settled forever,
and no claim holder need ever fear that
he stands a chance of losing his hold
ings in the district because others have
claims above him, and on the strength
of this. lay claim to all of the mineral
below them.
AS soon as it became known that the
opinion had been rendered and had
been made public there was quite stir
in mining circles in this city, and also
in Mercur. for the news was irasne-
diately telepnoneG out TO that camp,
and from what could be learned from
there the camp was wild over wat
TO the majority of the miners was con-
sidered as very encouraging news.
Messrs. Miner and Boutwell, went
out 10 Mercur on the early morning
train and had not heard that the de-
cislor had been rendered until notified
of the fact BY their attorneys, and,
upon hearing the news, Mr.. Miner an
swered back, Praise GOD from whom
all blessings flow" Mr.. Matt Osborn,
who was in the .city, was one of the
hest pleased men TO be found within
the environments of the state, although
-f.af1x nd
philosophically.
The office OF the Marion company was
visited by Herald reporter soon after
it became known that the decision had
been rendered. but as the president OF
the company, Mr.. Theodore Bruback,
was out and could not be found at his
usual haunts or at the Alta club, IL was
impossible to ascertain just how he
was IMPRESSED with the verdict, al
though it is safe to say that he would
moi feel like commencing it very highly.
Judge Dickson Snd Colonel Ellis. the at
torneys for the Marion company, were
then sought for, but could not be found,
so that il could not be learned whether
or not the case would be taken up to
the supreme court, although it is the
general impression that it will.
The apex and several other questions
we're involved in this case. the decision
IN which viii be found IN another por-
ton of this paper. and the consensus Of
opinion is that the decision. rs stated
lbove, viii be conducive TO the more
rapid upbuildng of Camp Floyd dis
uict. and that hereafter the affairs
Of he camp will be on a more solid
basis.
THE attorneys for the plaintiffs were
Senator Arthur Brown; Bennett, Hank
ness. Howat & Bradley. and Booth. Lee
& Gray, while the attorneys for the
defendant were Dickson. Ellis & Ellis,
and Colonel NJ NJ. Kaighn
This has heen one of the most hotiy
fought mining cases ever tried in this
city and the result. either way, ii was
admitted by all would have most
important bearing on the future of the
District. The array of legal talent
brought to bear on the case was of the
hesf that could be secured in Salt Lake.
ana the bar of this city stands high
throughout this intermountain country.
Every phase of the questions al issue
vas entered into exclusively by the
counsel on both sides; expert testimony
galore was introduced, many witnesses
we're examined and the geology and
formation of the district were discussed
ana argued until the very children
besan to use mining terms as
slang phrases
Tx has been several weeks indeed.
two months have passed since the case
was closed and the judge took the same
under Amusement. and the strain on
the interested parties since that time
has been something. terrific. but now
that the decision has been rendered.
The plaintiffs and defendants are more
al their ease. although 10 the one side
the verdict was not an agreeable one.
Yesterday. after the rendering of the
decision, a Herald representative called
upon a number Of Alercur mine owners
for the piepose of securing a concensus.
81 opinion regarding The decision. A
number Of leading mining men were
our Of town. but those who were inter-
viewed on the subject expressed their
opinions as follows:
Major George NJ. Downey. of the
Wonder-Tne decision. in my opinion.
Is a jus. one. and Just what il should
h. II is Of vital interest to the camp.
and will materially affect its future
Welfare, as the apex question should be
Norever lIotted oct there.
colonel j. ". Donnellan OF tbs Won
ds---It is Just and popular verdict
shtd should i5e received with joy by the
rssfsents and claim holders of Camp
F.k>yd district. 1t would have been a
.setverg-z@Sss of justice had II been other
vfise The apex law. as originally
iaissed. clearly contemplated the ex-
A.z.knce of vertical veins or lodges with
Ebut a slight dip, and it vculd be ri
&dicsuons TO attempt to hold blanket
&resnsi according 70 the theory of apex
vi the apex law was made applicable
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