The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-11
Of INTEREST
TO The MINERS
Supreme Court Hands Down
important Decision
REVERSES LOWER COURT
Establishes a Precedent for
Many Pending Suits.
REVERSES LOWER COURT

Guthrie o. T, Sept. 10.-In the Oklaho-
ma supreme court today an opinion was
handed down by Chief Justice John H
B,rford in the case of c. a. Bay versus
The Oklahoma Southern Gas. Oil and
Mining company, from comanche county,
reversing the decision of the lower court
and remanding the case, which is of more
than ordinary interest to miners and
honesteaders in the Wichita mountains
mining district. The case has been
brought. step by step. to the supreme
court, and the decision of the highest
court in the territory establishes a prece-
dent in many similar cases now pending.
The history Of the legal contest is as
follows;
On the eth day Of November, 1901. the
plaintiff in error. c. A. Bay, made home
stead entry for the southwest quarter Of
section seven, township thirteen north,
range eleven west, in Comanche county,
and since that date has been in the peace
able possession of the same. On July IL,
1892. Bay brought action against the de-
PENDANTS in error, The Oklahoma South
ern Cas- Oil and Mining company. cor
poration organized under the laws Of
Oklahoma. and j. N. Patterson. c. l.
Bodine and 3. F. Baltzeger, TO restrain
them from trespassins upon said land
He alleges that these defendants wrong
fully, forcibly and Illegally are entering
upon his said land without his consent
and over his protest and are drilling for
oil. gas and other minerals, and are con-
tinually entering upon said land with ma
chinery and drilling in the ground and are
threatening to make said acts continuous,
and that he has no adequate remedy at
law. and TO prevent multiplicity of suits
he prays an injunction, etc. In the alb
sence Of the district jjjudge he procured
from the probate judge a temporary in
junction, restraining the defendants from
further trespassing upon said land until
the further order Of the court. On August
20. 1902. the defendants in error appeared
before the judge Of the district court in
chambers at Anadarko and on motion and
hearing secured an order from the Judge
dissolving said temporary injunction, and
the Gaze is the supreme court on error
for review of that order.
At the date of the hearing the defend
ants had not filed an answer and no is
sues were made. In support of the mo-
tion to dissolve the temporary injunction
the defendants in error filed the afida-
Wits Of John NJ. Patterson, secretary and
general manager Of the corporation, and
b. T. Baltzeger, an employe of the COM
h.
that on August s. 1901, the tract of land
in controversy was located and staked
under the placer mining laws of the
United States by an association of eight
persons and that be, Patterson, was pres
ent when said land was staked and that
oil was. discovered on said tract of land
on the eth day Of August by said locators,
ana that said tract is a part of the prop
erty Of the defendant corporation and
that said locators are stockholders in the
company
In the affidavit of Baltzeger, he states
that he is the owner of a well drill. and
that on July l2 1902. the corporation en-
ployed him to drill a well for gas and oil.
That on July L. 1902 he moved his drill
onto said land and drilled a well 43 feet
deep, when he struck a vein Of oil and
took out one and one-half gallons at one
dip with a well bucket at which time
he was served with the temporary injunc-
tion. and has done no more work on that
land. The defendants also introduced in
evidence a notice purpordng to have been
given on July Q, 1901, 10y the so called To-
Gators in which they claim this tract as
a placer mining claim, and which notice