Daily Arizona silver belt., 1910-02-06
Copper King Claim Awarded to Live Oak Company on
 Counsel's Motion
CASE OF INTEREST
 TO ALL MINING MEN
Attorneys for Plaintiffs Announce That Case Is
 to Be Appealed

A ease of signal importance to tb,
 mining interests of Globe district wa,
 decided yesterday when the district
 court rendered decision confirm
 ing the rights of the Live Oak Copper
 Mining Smelling company to tho Copper King claim, to which William
 Mili Williams, John Alexander, Koch X
 Berndt and Mrs. Cornelia Palmer sought
 to get title.
 The ease involving the right to the
 Copper King claim was tried m the dis.
 trict court the latter part of December.
 It being an equity suit the verdict was only advisory to the court. The court.
 however, following the custom, called Jury to assist it Tn making a decision. On December 29 the jury returned yer dict in favor of the plaintiffs, but the court took the evidence and the jury $ findings under advisement. At the same time, Seth E. Hazard, representing the Live Oak company, fled motion ask ing the court to make it's own findings m the case disregarding the jury $ yer. dict.
 This motion came up for argument in the district court yesterday morning and was continued until late in the afternoon, Mir. Hazard making the ar. gument for the Live Oak company and MT. Stoneman for the plaintiffs. Judge E. w. Lewis, after hearing the argu- ment, dictated to the court reporter his findings, in which he found the facts of the case favorable to the defendants In handing down his decision Judge Lewis held that inasmuch as the Live Oak company had done in good faith its work on the adjoining Live Oak claim for the benefit of the entire group, including the Copper King claim. although there had been differences of opinion among the witnesses at the trial as to the benefit of the develop ment work to the claim under consid- eration, the Live Oak company was en- titled to have permanent right to the mineral land in dispute.
 The court will expect MT. Hazard as attorney for the Live Oak company to- prepare in writing his findings eoincid- ing with the court s decision and there after judgment will be rendered by the court in accordance with these findings. The plaintiffs in the case are repre- sented by Attorneys George J. Stone. man and F. C. Jacobs, while Attorney Geo. R. Hill is associated with Mir. Haz- gard as attorney for the defendant.
 The Copper King claim, which was the subject of suit was purchased by the Live Oak Development company from the Live Oak Copper Mining & Smelling company. The plaintiffs in the case relocated the claim in 1906 on the claim that the latter company had not done it's assessment work The amount of land involved is about ten acres. The claim is located in the south ern part of the Live Oak group adiOin ing the land of the Boston Miami De velopment company and about l,5OO feet from the main workings of the Live Oak Development company
 Attorney Stoneman for the plaintiffs stated after the decision of the court had been rendered that he had been by his clients to perfect an appeal to the territorial supreme court at once and if reversal could not be secured in that tribunal, to carry the matter to the United States supreme court.
 This ease has the distinction of be- ing the longest and most bitterly fought legal battle to be held in the district court in recent years.
 When this ease was on trial before Judge Lewis a few weeks ago, it occu- pied an entire week, argument of points of law involved' occupying much of the time.
 The property is considered to be very and as the result of the deter mination of the plaintiffs to carry the suit to the highest court in the land, if necessary, it will probably be several years before the ownership of the prop crty is definitely decided.