Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-05-29
A suit FOR $4,000
White Ash Damage Suit Remanded
to tho Territorial Courts for
a New Trial.
IMPORTANT LITIGATION
The Anaconda Mining Case Being Heard
Before Judge McFie- The Questions In
volved are Comprehensive ive-Valu-
able Mining Property at Stake.

| "A telegram from washington last
evening announced that the United
| states supreme court had reversed the
| decision of the territorial courts in the
| White Ash mine disaster cases and or
dered them back for new trial. This
Is an important piece of litigation that
| has been pending since 1896. On Feb
| ruary rs Of that year gas explosion oc-
Cured In the White Ash mine at Ger
rillos, then the property of the Ger
rillos Coal Railroad Company, in which
tWenty-three men met terrible death.
Fourteen of the victims were men with
families. The legislature being then in
session appropriated 5000 for each fam
lily. and sent committee to investigate
the affair. The company asserted that
the miners at work there had full
knowledge Of the existence of DEATH
dealing gas In certain compartments
of the mine; declared that the cxplo-
sion occurred in the fourth level, at the
opening Of which a danger line had been
drawn, and that the carelessness of Two
miners in going beyond this line with
open lamps had caused the disaster.
Among the victims were ]. Diserant
and two sons, and Mrs. Josephine Dis
Grant, the widowed mother, employed
counsel and brought suit for damages
against the coal company, aggregating
the sum of $4,000. The cases were hot
ly contested through the district and
territorial supreme court, and now, aft.
er five years, the supreme court of the
land directs that they must be tried
over again.
THE ANACONDA SUIT.
The case called before Judge MeFie
yesterday involving ownership of the
Anaconda, Beautiful Boy and Ingersoll
mining claims at San Pedro will doubt.
less occupy several weeks. James Car
ruthers, the plaintiff, occupied the wit
ness stand yesterday afternoon and this
forenoon. There are a dozen witnesses
or more yet to be heard. The questions
involved run the entire gamut of such
cnses, original first locations, changing
of stakes, switching about Of corners,
regularity of assessment work, piling Of
one location upon another, etc. The 10
PENDANTS, Hon. T. B. Catron ct al, set
up claim to the ground by virtue of
their locations known as the Bonanza,
Galena King and Silver King lode
claims Judge McFie is called upon to
determine which of the two sets of
claims are legal and who are the right
full owners.
At o'clock this afternoon the court
took recess till Tuesday next, when
this case will again be taken up.
NEW TRIAL ASKED FOR.
In the case of A. Staab VS.. the City
Of Santa Fe, suit to acquire possession
Of certain lands between San Francis
co and Water streets, formerly used as
a public street, and decided in favor
Of Staab, the city attorney, A. B. Rene
han, has filed q motion asking for new
trial on behalf Of the city. He sets forth
several grounds, but the principal one
Ia that the court had not passed upon
the question of whether title, at the |
time of it's alleged dedication to public |
uses, was not vested in the United |
States, and therefore was not subject |
TO such dedication.
REHEARING ASKED FOR.
In the case of w. T.. Dame VS.. the |
Cerrillos Mining Company UimitedD, in
which the plaintiff recently secured |
Judgment on claim for services rem
Tered for $3,155, ]. p. Victory, attorney |
'or the company, has asked the court |
or rehearinE