Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-11-26
Court of Appeals Reyerses Lower
Court in Famous KemptOn
Case
ORE VALUED At So, 900, 900.
Controversy Is Que In Which Col +.
A. Wall Of This City Is d Party
Defendant

a dispatch from g. Louis late yester-
day afternoon brought the pleasing IN
telllgence to the plalutiffs that the
Eighth Circuit court OF appeals had
reversed the decision VI the lower
court IN the case Of the United states
Mining company appellant w Leon
ldas NJ Lawson ct oil, respondents,
decree involving the ownership Of ore
bodies at Bingham, whose worth Is cs-
timated at from gl,5OO0OO to 100000
The full text Of the decision has not
arrived 20 the exact terms Of the de-
cree viii not be known FOR several days
The case Is one In which the United
states Mining company Is arrayed
against Col n. A. Wall Of this city
and is fight Tor possession OF the
Kempton lode known to contain an
unlimited supply OF high-grade ore. the
first round OF the contest was won by
the Wall interests, but the other SIDE
appealed ana the decision here an
nounced ls the result. That there VIII
be- another appeal goes without say
ing, IN fact, II was 80 announced yes
tetday afternoon, Col wan ana Judge
ogden Hles, his chief counsel prac-
tically admitting that. such would be
the ease. The United states company
Is represented by Judge Dickson ana
associates. who have reserved a discus
sion Of the case until such time as tue
courts decree has been received
The story OF the controversy, IN Drlei.
is as follows; Under lease ana
bond Col Wall acquired ana de-
yeloped the Kempton and Ash
land claims and opened up IN
them large bodies Of lead-sllver ore.
These ore bodies were found TO extend
through these claims into ground on
the north owned by the United states
company and suit was finally brought
I'm the district court here b the United
states company, which claimed apex IN
its Jordan and Mountain Gem claims
on the south side Of the Kempton ana
Ashland. The district court found Tor
Col. Wall and the case went to the cir.
cult court OF appeals, being argued and
submitted IS months ago. The appel
liant cOntended that the ore shoots maze
I'm the lode lime of the district ana that
the bodies found beneath the kempton
and Ashland and I'm the claims Of the
United states company to the north be-
longed to the company by virtue OF this
lode apexlng In the Jordan and Moun-
tain Gem ON the south side OF the
Kempton and passing on down through
the latter on us dip. Defendants held
that there was no connection between
the ore bodies Of the Jordan and Kemp
ton and that the lime, as such, and In
the absence Of continuous ore-bearlns
channel, could not be called and held as
the lode or vein.
When the appeal was taken COZ.
wall was enJolned from operating the
Kempton property but the court al
lowed development 10 proceed on GER
tain lines and the ores extracted to be
sold by Charles Read, %ho was APP
pointed as agent Of the court. the pros
hts accruing from the sale OF ore to be
held subject TO the final determination
of the case and the courts order The
value OF the ore bodies In dispute Is
considered By the United states COM
pany 10 approximate the figures given
above. but col Wall states that their
value IL much less.