The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1911-12-23
WAS HEARD BY JUDGE FLANAGAN
LAST TUESDAY
THE CAREY GLEASON CASE HEARD
Great Array Of legal Talent Present in
Crystal Falls During the Last Term
Of the Circuit Court.

A case WIN as iar reaching cunse
quecnes was heard by Judge Flannigar
last Tuesday afternoon as any cass
that has been heard in the Iron count,
court In is entire history.
the case was that OF Andrew Young
Us the Verona Mining company.
brought by Mr.. Young TO compel the
mining company TO either work or sur.
render an S0-acre tract OF land owned
by him and leased from him by the
Verona people for mining purposes
The tract of land adjoins the Baltic
mine on the north. Eight years ago
the Verona people took an option on
this piece OF property and spent SEQ. OOO
exploring it. Their exploratory work
failed to show mp any merchantabIe
ore.
However, the course that the ore in
the Baltic mine IL taking lead the hol.
ders OF the option TO believe that the
ore body will some day cross the line.
or portion of IL will. over onto the
foung's land and for that reason they
decided 20 take lease npon the tract.
The lease was prepared by the company
and signed by Mr.. Young. 1t stipula.
ted a royalty Of l0-cents per ton on an
ore mined and q minimum royalty. or
ground rent, of 81, 600 pen year. the life
Of the lease being 80 years.
For seven years the Verona people
have held the property under lease
paying each year the stipulated amount
Of ground rental
Since the time Mr.. Young leased his
property there has been a great deve-
opment on lands adjoining his on all
sides. Mines now exist on three sides
-of him whereas when his property was
taken by the Verona people the Baltic |
was the only mine in that locality. |
These leases, all made since Mr. Young |
let his property to the Verona people, |
all carry higher royalty than the lease
on the Youngs tract in question and
the mines are being worked.
Mr.. Young grew restive watching
other properties about him paying big
royalties TO the owners while his is re-
turning him only the 81 900 per wear
rental Had he even the surface free
he could, he maintained. sell il AT
very high price; as high as 81, 900 per
acre.
Mr.. Young filed a bill asking that
the lease be Cancelled and the cloud re-
moved from the title The case came
up tor hearing Tuesnay morning with
Messrs. Belden. OF Ishpeming. Andrews
Of the firm of Hoyt. Dustan a. Kelly Of /
Cleveland and Senator Moriarty Of this ,
city representing the Verona people.
Meek & Macdonald Chicago law !
firm aud r. T.. Lott represented Mr. /
Yong. i
AT the hearing numerous things were !
alleged, principally for rengthening !
the case. such as fraud in securing tine
ease, etc, etc. but. stripped of all its +
side shoots, the question resolved itself II
iown Co one OF law whether the terms II
II the lease as signed and sealed by the
had been lived np "a by
he respondents
Atty. Meek. an old practitioner Of
Mileage did the most OF the talking N
~ the complainant with Mr. Belden a
orrespondingly active FOR the respon
ent. Witnesses were put on the stand 2,
o prove that no work had been done o,
owards mining iron ore hy the respon Al
ent Mr. Lawrence superintendent
or the Verona people. was taken by in
lr. Meek and his testimony was SO n
iir that It was accepted by On com. g,
lainant and brought ont compliment
'om the Chicago lawyer later on. The th
alue OF the land was fixed by other Cr
illnesses at 81, 600 per acre.
In the arguments Mr.. Meek sought m
hold the lease to be simlpy a license pr
om the fact that IL does not give the
ercna people the exclusive right 10,
20 onto the property. mine, remove
9 His argument was further along
q line that the intent of the respon
mt when the lease was taken and oF
Q complainant when he gave the
ase. was not carried out In the action ~
respondent in the seven years that '"e
ve elapsed and that as the lease has =, -
en- violated ID should be Cancelled. oi'
Mr.. Belden contended that the lease ""'
" contract entered into by Mr.
'ung with full knowledge OF It's
uses and OF the privileges conveyed
n TINT at the time he leased the ,
he was skeptical ot any ore exist. dav
I Continued on Page 4. Ev,