Daily Arizona silver belt., 1909-09-23
OLD DOMINION CASE HAS DECISION IN
 HIGH COURT
WILL PLACE GOOD VALUE ON RE cEIPTs' OF TRUST ISSUED
 WHEN CASE BEGAN
OPINION OF PRESIDENT SMITH
HOLDERS OF RECEIPTS SHOULD NET ABOUT TEN DOLLARS
 PER SHARE

BOSTON, September 22.--C. s.. smith, president of the Old Dominion company, says: Taking into consid eration all that had gone before in the Massachusetts and New Jersey courts, having decision favorable on the de- murrer written by Justice Loring and after full hearing on the facts in the ease before Judge sheldon in which he intimated that we had proved more than the allegations in the bill, l am not surprised at the final decision req dered by the full bench of the Massa- chusetts supreme court.
 "'The law established in the Hope well-Leeson ease, which was the founda- ton for the old Dominion suit against the promoters and former officers of the company, still remains good law and while this law remains on the statute hooks the public will be protected against the avarice of promoters.
 "Yesterday's decision of the full bench of the supreme court will so far as I now know, end the case, except collecting the amount from the defend ant, Bigelow, and the company has a bond for about one-quarter of the total amount or S500,OO0.
 "The decision rendered places 2 good yalue and a handsome dividend on the trust receipts issued when the Old Dominion company of Maine was formed which share pro rata with the small amount of outstanding shares of the Old Dominion Copper Mining < Smelling company, amounting to ap. proximately 1000 shares.
 Old Dominion trust receipts are quoted on the Boston Curb at 2 10 2H :. They are, with the exception of small amount of outstanding stock in the Old Dominion company of New Jersey, the only securities which would have ben eiieial interest in any recovery from A. S. Bigelow. When Judge sheldon handed down his decision, the trust i'e. ceipts sold at $3.50.
 After meoting legal and trustee ex- penses, it is figured that the holders of the trust receipss would net about so per share in the event of yesterday 'S decision being final.
 One entitled to speak for A. S. Big elow says: 'The decision of the Mass achusetts Supreme court, by 4 to 3 vote of the judges, holding MT. Bigelow personally responsible for something over $2.O00,O00 for alleged secret profits in the promotion of the Old Dominion company does not disturb him in the least and to say that all that remains now is for the old Dominion company to step up and get the money, is lud ferrous in the extreme The fight has only begun.
 "The decree of the Massachusetts Supreme court has not yet been entered. and until it has been, Mir BigelOw s lawyers will of course not have oppor- tunity to review it. In any event his counsel will in all probability immedi- ately apply to Chief Justice Knowlton for q writ of error as a step preliminary to getting the ease before the United States Supreme eOsrt
 It is surprising that Justice Rugg in writing this decision shauld have appar- ently taken no eognizance of the fact that during the litigation the full bench had given Bigelow permission to plead as bar the final adjudication of the United States Supreme court in the LewisOhn case.
 A federal issue is now involved in the case and it should be comparative ly simple matter to get it before the United States Supreme court. This court having already decided unani mously against the company and in fa- vor of Lewisohn--the merits of the Big elow and Lewisohn cases being absolute ly identicalit requires q great stretch of the imagination to see how Mir. Rig elow can be held liable for single pen ny. In any event he is not in the least disturbed by the recent turn of affairs believing that the Supreme court can do nothing but reaffirm it's position talk cn in the Lewisohn decision.