The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-11
NC CON, WINS
IPARK CITY CASE
Decision Against the Silver
King Coalition Rendered
Monday Morning.
OVER SEVEN HUNDRED
THOUSAND INVOLVED
Value of Ore Based OH the
Highest Monthly Average
During Extraction.

In the case of the Silver King Console
dated Mining company against the SILVER
King Coalition Mines COMPANY, Judge
John A. Marshall OF the United States
circuit court rendered q decision in 1aNor
of the plaintifr Monday morning The
amount awarded the Dlaintin was solo,-
264,47, with interest at per cent per
snnum since January i, 1906; win dn ;,
Will be ST3i, 242. ,
The case has been pending IN the
court since Nav r, 1908, and was oaseu
from the Vesuvius claim located in ParK
CITY, Utah, property owned loihtly py
the parties to the litigation, The Vaiue
OF the ores extracted was alleged in the
complaint TO be 81 900 900, and Judgment
for three times the value OF the same
was asked under the Utah laws gov
erning such cases. The judgment award, :,
cd Is for about one-slXth OF The amount
demanded. The testimony in the case has
been taken by commissioner ann tne
same was submitted about Two months
ago to Judge Marshall with arguments
from attorneys of each side
Amount of Ore Mined,
In the decision the court holds that
there was no dispute regarding inc Jolnl
ownership Of the claim. and that IL Was
plaintiff was entitled to ore-half the mel
value Of the ore extracted. total OF
1876 tons OF frst-cass and li,lS1 tons
OF second class ore was held 10 nave
been mined from this property,
In reaching a conclusion regarding the
value OF this orc the court said;
There is a great want OF certainty
with respect TO the value of this ore.
The defendant contends that value
ought 10 he assessed equal 10 the average
value OF the ores by IL taken from TINS
and adjoining mines during the period
Of the taking OF the ore from this stope.
Basis of Valuation
There is no reliable evidence to
when The ores from this stope were mar
seted. Under these circumstances /
think the defendant must be held for, the
highest monthly average price received
by il for ores during the period OF the
taking.
.'This price as 10 first-class ore was
SsO.07 The total received for frst-class
orc then amounted to Sll56.2S4l2. The
cost % mining. tramming and sampinE
tho ore amounted To 1858 per ton. or
a total cost of S1ia.13S.2S, leaving a net
value OF s1,0i6 5i5.si.
''As TO tho second -class ore the high
est net'value durin:; the same period was
1888 per ton. and the total net value
was. therefore. $50 0S0.i1. The defendant
is further entitled to further credit
of sSi. 09I for the cost Of development
work confined entirely to the Nesuvius
claim and which was necessary TO the
extraction of this ore.
Total Amount Due.
The result = is tha. the net total
which. or s5l6 2si.i7, is due TO the
plaintiff To this should be added simple
interest at per cent per annunl from
January 1, 1906"
Manager Thomas kearns of the Coalition
company are both out OF the city and
no expression could be had regarding the
next step to be taken In this matter. but
II is likely that the case will be carried
TO the higher courts for final determina-
ton.