The copper era. (Clifton, Graham County, Ariz.) 1899-1911, 1910-03-03
INJUNCTION SUSPENDED.
Supreme Court Allows Appeal of Arizona
Copper Co. in TaiIings Case.

In the Supreme Court of the Terri
tory of Arizona.
William A. Gillespie, plaintiff and
appellee, VS.. the Shannon Copper
Company, corporation, the Arizona
Copper Company, Limited, a corpora
ton, the Arizona Copper Company, a
corporation, defendants and appel
lants.
The appellant, the Arizona Copper
Company, Limited, being represented
by M. ]. Egan and Kibbey, Bennett
& Bennett, and.the APPELLEE being repre-
scented by Thomas Armstrong, Jr.
Before the Honorable Edward Kent,
Chief Justice of the Supreme Court
of the Territory of Arizona:
The above-named, the Arizona Cop
per Company, Limited, corporation,
having prayed an appeal to the
Supreme Court of the United States
from the decision, order and judg-
ment of the Supreme Court of the
Territory of Arizona rendered in the
above entitled cause, whereby
said Supreme Court modified and
affirmed the decision, order, Judgment
and decree of the District Court of
the Fifth Judicial District of the
Territory of Arizona in and for the
County of Graham, in said cause,
entered in said District Court on the
9TH day of November, 1907, whereby
it was "ordered, adjudged and decreed
that the defendant, the Arizona Cop
per Company, Limited, its agents,
servants and attorneys are hereby
perpetually enjoined and restrained
from in any wise or in any manner
depositing or suffering, or permitting
to be deposited, or suffering or per-
hitting to flow into the waters of the
said ella River, or into said San Fran
such manner that they may be carried
into or enter into the waters of the
said ella River, any shines, sliCkens
or tailings; this judgment to become
operative May ], A. D. 1908, and not
prior thereto: and that the said
plaintiff do have and recover of said
defendant, the Arizona Copper Com
pany, Limited, the sum of SS5, 30, his
costs and disbursements incurred
herein;" and it having been shown
that the matter in dispute in this
cause exceeds the sum of five thou
sand dollars (S5 OOO), exclusive of in
terest and costs. 1t is ordered that
the said appeal be and the same is
hereby allowed.
And it having by the said appellant
been made to appear that since the
commencement of this action the said
appellant has designed and con-
structed and put into operation large
and expensive basins and other means
and devices designed and intended to
arrest, settle and dispose of the
shines, slickens and tailings from its
concentrating and reduction works,
and by said means has succeeded in
arresting and impounding and dispos
ing of the major portion of the shines,
tailings and debris from Its said works,
and is at the present time in good
faith operating said impounding
works, and has agreed to and is pro-
ceeding to provide, install and operate
other and further means and devices
to arrest, impound and dispose of the
said shines, tailings and other debris
from it's said works.
1t is therefore ordered that the
operation of said injunction be sus-
pended during the tendency of said
appeal, so long as, and upon the con-
dition that the appellant, the Arizona
Copper Company, Limited, shall in
good faith continue to operate and