Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-10-25
Mammoth COmpany's Motion for
Removal Of Suit Denied,
Is NO FEDERAL QUESTION.


The Grand Central having won ita
nrt point ln the bis suit against the
Mammoth. tho case VIII lbo tried before
Judge Higgins az Nephi
The Mammoth company the defend
mt ln tho action. moved that the case
be transferred to the federal court, and
the motion was argued yesterday az
considerable length. judge henderson
speaking against 10 and John ~. Zane
iu favor of o.
Judge hilggInl in passing upon 90. mo
ton dcnIed &c. substantially upon the
ground that th0 complaint dld not show
that t federal question was involved.
aud ln reviewing ihe matter said.
without going into details Do the
matter the court viii predicate bee dee
cIaiuu lu thia case upon tuc proposition
,uAt the complaint itself must deter
mlnc whether ur not % federal question
Us Involved. The luW relating 20 this
class of procedure Bays that DO must up-
pear that federal question d. Involved.
ih"Ir iH 600 conjecture ul suspicion "a
bo relied uIun. but % must appear. ana
ben 10 does appear tur uuty OF The
court la plain. no Dc does not 100 appear
% Boz equally plain.
"lu thH case tHo complaint alleges
.u tHr usual lUfmH lu actions of tres.
ITH tnHt lHH piamuu n lHc uWuHr and
entitled Goo tle fFsssaslIn nj the SURE
face ground OF lode. ana hlt che
defgnlant h. entered thereon under
meath ihe surface and oNtrartcl ores
from inIH lode tu o. certain amount
"it |H tlU contention uf the defend
amt Or mover uf thlH application tuat
under tHIH state uf facts. the question
appears necessary .or arises FROM the
complaint uH Go who owns The apex oi
the vein from which thls ore lH nllegel
Co have been taken The defendant
claims that iu order for the plaintiff 20
fecuyHr Do must appear unlrmuuNriy
from tho complaint nled that lt has tue
apex within ltH surface buuuiurlHI. and
that from thu fnrt that che ulllutln ula
filed o. complaint wherein that ulrFA-
tluh lH omitted. Nlll OF necessity hriuE
into the euHH Che cons fruHfIuu uf % tnl-
Url statute ftltflNH Zoo thH rights cone
Nrfad under o. patent of u mining claim.
This question o. Ust Geeef. Cor
thr court Go pass upon ni ihIs time fur
Their than 90 fHy that contention aa-
Humpa that this plaintiff D. claiming
the property by virtue ~ patent dl-
rect from the government That may
boz 40 coz 10 may not be- co. VI u IN
claimed hy virtue uf a. patent from tho
government those facts VIII HubHo-
qucntly appear. then the question nH
90 tho rights under thut patent can De-
decided 10 desired By "a federal court.
whether or not the plaintiffs nlie-
CATION aH Go the ownership N this
ore IN sufficient under this complaint, !
think would be a. question purely OF
pleading To- be- decided by the STATUE
tory laws " the State The court cnu-
not say upon an inspection NJ this CONF
plniut nH matter ~ fact that there d.
q federal question no this time involved.
That being the o1se Che court reluctant
ly. / Hny. and Huy % ln ull onniur re-
luctunuy donieH this motion ana re
tllns Jurisdiction OF this case
Mr Dickson, Tor the pluinun, Hlld
he Understood from tho attorneys Tor
tho other eide that it was ihHIr intrr-
tI1n to carry the record tn the Federal
court and have the uueH ton ruHci
ppssei up0n there. THE plaintiff wac
willing to take up the demurrer that
had been put ln by defendant 8t once.
or walt until the Federal court had
plaaed upon the question.
IIndaHy Rogers f1r the Mammoth,
said tho defence preferred 30 have the
deposition 0f that matter deferred an.
40 the case could Doc passed upon by
the Federal court
Up1u th.s agreement the court en-
tered nn order continuing Doe eject The
restraining order until further order 81
the district court ny stipulation. how
ever. the plaintiff o. 20 have access 10
the underground workings % the Nam
moth fur thcp urpuEc " making sur
N4Vr Yfu