Bisbee daily review., 1907-07-28
Judge Doan Had Not Found Time to Read the Library
 Submitted. ID BEGIN TOMORROW GiIbane of Rhode Island Sues to Recover Copper Claims Around Bisbee, HINTS AT IRREGUlARITY Says Transfer Was Made While He Was Absent and Under Strange Names.
HINTS AT IRREGULARITY
Special to Reyiew.)


 TOMBSTONE, July 27.-In the mat ter of the injunction issued about two weeks ago against the pickets of the Western Federation of Miners. pre- venting them from picketing on the railroad trains or on the property of the Fl Paso & Southwestern Railroad Company, the motion for dissolution of the order was to have been heard in the district court today, but when the matter came up Judge Doan stat ed to the attorneys that he had not had time to go over the pleadings in the matter which were very vol umnious and for that reason contin- ued the case until Monday morning when it will be heard.
 This afternoon Judge Doan render ed a decision in the matter of the condemnation proceedings brought by the county against Peter Hansen. to secure strip of ground along Naco Road in the neighbOThoOd of the beer garden for road purposes. The court ordered that the county be admitted to immediate possession of the prop: erty and at the same time file a bond in the sum of $6OOO to indemnify the property owner. The damage was es- timated at $30OO. but this matter will be decided later by a jury at which time settlement will be made.
 Thomas F. Gilbaine of Providence, R. l., one of the officers of the old Copper King Mining Company of Ari- Zona that was operating around Bis bee several years ago, has brought suit in the district court, through his attorneys, Goodrich and Cunningham, to recover possession of a number of mining claims that were formerly in the hands of the company, but are now held and claimed by R. A. Breth- erton, C. NJ. Henkel, L. F. Jackson and Hoval A. Smith, of Bisbee.
 The complaint alleges that in the year 1895, Chas. w. Blackburn and Chas. Mansur located the following mining claims in the Warren district: The Boston, St. Louis, Chicago, Phil adelphia, Portland. Madison, Milwau- kee, Oakland and Bisbee and that in the year 1899 the Porphyry mining claim was located by Peter Johnson. That subsequently these claims were deeded to the Copper King of Arizo- na Mining Company, and from that time and up to- and including the year 1904 the company did the usual amount of assessment work as re- quired by the United States statutes. It further alleges that about he first of January, 1905, and during the few months following that the defendants Bretherton and HenkIe relocated the
 nf hn 1afr later relocated them under the names of the Arizona and Arizona Nos i, 2, 3 and 4, besides the Oregon. That there after they transferred to HovaI A. Smith an undivided one-haIf inter- est in the claims, and that ill the month of October 1906 they applied and received a patent to the claims from the United States government, but in the securing of the patent the complaint states that the defendants by false representation to the land office officials made them believe that the claims were vacant ground and subject to relocation. That the plain tiff is a nonresident and did not know that it was the company's claims that had been relocated, as the application for a patent failed to state the facts and on account of the names being changed he had no knowledge of it, and consequently could not file an adverse claim during the publica- tiop of the notices. ze aSs-5 the court to declare hiB the eSEesabis owner and that the plaintiffs Do de- clared trustees for him in the secur ing of the United States patent.
 The Copper King of Arizona Mining Company at one time was the owner of a number of good claims in this district and owned the group on the Naco road, Bisbee where the ruins of the old hoist can now be seen. Be- side these they owned a valuable group in the vicinity of Solomon Springs and at one time had a small smelter running at what Is known as Barrett Camp in the Dragons. Through mismanagement they lost the entire outfit and all of the prop erty has passed into the hands of others only recently the company tried to regain control of the prop erty near Bisbee. but in their case against Peter Johnson and M. D. Scribner to recover the same. the court decided against them.