Bisbee daily review., 1905-11-23
OLD DOMINION SUIT
 DECIDED FOR DEFENDANTS
JUDGE HOLT, OF THE UNITED STATES CIRCUIT COURT OF APPEALS GIVES
 DECISION.
This Was a Suit Instituted to Recover Promotion Profits Old Dominion Shelter Plant at Globe One of the Finest in the World.

Boston, Nov 22.-Judge Holt. of the United States Circuit Court of Alp peals. New York, has decided in fav- or of the defendants in the case ot the Old Dominion Copper Mining & Smelting company vs. Frederick Lewisohn, ct al.
 This suit was to recover promotion profits. Judge Lacombe last Febru- ary decided in favor of the defend ants and dismissed the bill but appeal was taken to the United States Court of Appeals.
 This is a case similar to that brought in Massachusetts against A. s. Bigelow. Last June the Supreme Court of Massachusetts overruled the demurrer to the bill filed in this state and the case will soon be tried upon it's merits.
 The decision of Judge Holt in full is as follows:
 Orderly practice requires that a decision made by a judge in a case should be followed by another judge. upon any question arising in that case, unless the facts presented are different. Judge Lacombe having held that the original complaint in this action was bad on demurrer. the question whether the amended con- plaint is bad on demurrer depends upon the question whether it presents a different case.
 'The complainant's counsel claim that a substantial change has been made in the bill by amendments alleg- ing more clearly than was alleged in the original bill that the 10000 shares of stock sold to> the subscribers for cash were sold by the corporation, and not by Bigelow and Lewisohn. But, in my opinion, the original bill clearly alleged that fact in paragraphs 15 and 24, and in other parts of the bill.
 Under these circumstances, I can see no substantial difference between the amended bill and the original bill and, without expressing any opinion on the question in respect to which it is claimed that Judge Lacombe and the Supreme Court of Massachusetts differ. I think that, as the amended bill alleges substantially the same cause of action as the original bill, Judge Lacombe's decision governs the case
 My conclusion is that the demurrer should be sustained, with costs; and as the complainant has been permitted to amend the bill to meet the precise point of objection stated in Judge La combe's decision, I think that final judgment should be ordered on the demurrer for the defendants"
 The case will now be taken to the United States Court of Appeals.
 The Old Dominion shelter, erected by the Phelps-Dodge corporation and developed into one of the most per feet plants of it's size in the world by Dr. Ricketts. has made Globe famous, says the Arizona Silver Belt
 A capacity of from 5000 900 to g. 500,000 pounds of blister copper per month has been provided and except for accident of flood or storm an aver age output of the former amount will be maintained hereafter.
 The new concentrator enables the o. D. company to handle a vast ton- mage of custom ores from surrounding mines of the Globe district, and both smelter and concentrator will be en- larged as the offerings of ores in- crease.
 The Old Dominion Mining & Smelt. ing company is now on a permanent dividend paying basis and in a highly prosperous condition
 Nearly a dozen outside mines are now shipping ore to the O. D., and the returns have placed them in the cat egory of paying producers, whereas last year they were without a market.
 Thus the Old Dominion has laid a broad foundation for Globes future upbuilding.