The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-04-05
MAMMOTH GIVEN
NEW HEARING
Court Says Company Didn't
Have a Fair Show.
TO REVIVE INJUNCTION
DECISION MAY SPOIL GRAND
CENTRAL DEAL.
TO REVIVE INJUNCTION

Judge Marioneaux yesterday ordered
a rehearing OF the famous Grand Cen
tral-Mammoth case. which was decided
adversely tn the later company on
Dec. % last. and at the same time de-
cided that the injunction granted the
Mammoth company pending The former
trial, and dissolved when Judge Hig-
gins gave a verdict in favor of the
Grand Central. should be revived by a
separate order uDon the filing of bond
by The Mammoth company in the sum
Of $4,000.
The trouble between the companies
reached a climax last Sep < mber, when
the Grand Ceatral company brought
suit against the Mammoth for $5SJ,OJO
fer the alleged unlawful extraction Of
ores from the SilveropOiis and Consort
claims OF plaintiff company The Grand
CenUaTs action was followed Oy a
counter claim and suit by the Nam
moth asking for SZ60,0O0 for ores taken
from the same territory, on the ground
that the vein belonged to the Mammoth
and that it had right TO follow IT on
its dip into the claims named.
What the Mammoth claimed as the
dip of the vein, the Grand Central con-
tended was its strike, and Judge Hlg-
gins took the same view.
Judge Marioneaux's Views.
In reaching decision that a new
trial should be granted, Judge Marion
eauN says
.-One of the grounds specified in the
of the court at the argument was er-
Of the cours at the argument was "er-
ror in law occurring ut the trial and
excepted TO by the defendant. Inc
particular alleged error oasisted in the
refusal of the court at the trial TO al
low q witness II. " Wney) called Dy
the defendant the Mammoth Mining
company. to answer the following ques-
tiOns upon rebuttal.
d" Mr. Wiley, have sou formed any
judgment as to whether the strike OF
the Mammoth vein is anywhere around
the line of Slopes which extends from
the Cunningham stope down TO the
SOO-foot level into the earth at an angle
of anywhere from 90 to 40 degrees
have YOU formed a judgment?
And again, Have you formed any
judgment as TO whether the apex of
this vein could be found along the top
of the line OF slopes marked on plain
tiffs exhibit Is, purporting to extend
from the Cunningham slope down TO-
wards the point II connection
's'rhe trial in this case was upon the
counter-clairn filed by the Mammoth
company, and that company sought
TO prove a1tirnatively by the teSumo-
ny of it's experts that the apex of the
vein which contained the ore bodies in
controversy. was wholly within the
Mammoth lot SO.
The Grand Central Mining company
brought forward experts who denied
that the apex was wholly within lot IS.
and went further and gave testimony
tending to show affirmatively that it
departed from lot 80 and was to be
found continuing along the line or
slopes which extend from the Cunning
ham stope down to tie SO0-foot Level
into the earth.
Mr.. Wiley had given his reasons for
believing the apex to be wholly within
lot IS. but he was not permitted to
negative the testimony of the plaintiff
company that the apex was along the
line of Slopes. he might have had rea-
sons to offer why 1T could not have
been found there which were totally
disconnected from the reasons given by
him why it was to be found in lot
",rhe evidence offered was strictly
Tebuttal and should have been re-
Ceived. As to whether or not it was Il
material error, it is sufficient to say
hat the court finally decided 10 accept
this affirmative hypothesis of the
Grand Central company as true. What
the COurr 9 views would have been had
It permitted the Mammoth to attack
this hypothesis by negativing evidence
In rebuttal, it is impossible totsay. It
cannot with certainty be affirmed that
It's views would have been the same as
finally embodied in the decree. II a
party is deprived OF the right to put in
competent evidence Uron a vital point
IN the caSe-upOn the very matter in
issue-he has not had fair trial in the
view Of the law"
Effect of Decision.
The effect of the decision on pending
negotiations for the sale of the con-
troll of the Grand Central is viewed
with alarm by those v no have the plac-
ing OF the property in hand. w. :. Nc
Cornick who holds the option. stated
that he feared il would prove disaS-
.trOus. though. of course. IT was not
known now the matter would be viewed
by those who We're after the property.
No understanding existed bet zen the
Grand Central purchasing crowd and
those who were after the control Of the
Mammoth that in the event of the
sale of the two mines ligitatiOn should
cease. The sampling of the Grand
Central mine is nearly completed. and
it IS nos thought the experts will be
ordered TO cease work before their task
s. completed.
Simon Ba-mbergcr. who with J. i.
Bamberger holds a shoI, option on the
control of the Mammoth. was not in
Clined to show an exuBerance of spirit
over the decision. nut h. felt. of course,
that il could not hurt their negotia-
tions- The Mammoth is being secured
for entirely different interests from
those after the Grand Central" said
h.. and there has been no understand
ing that in the event of both sales
going through. litigation would cease"
President Mcintyre OF the Mammoth
did not try to conceal his pleasure at
the decision. Il believe the Grand Cen
trai company has mined $4,000 worth
OF ore from the ground in dispute since
the Injunction against il was raised,
and we shall lose no time in filing the
bond required and have the injunction