Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-01-29
FAMOUS SUIT IS
FINALLY ENDED
LITIGATION or MICH IMPORT
ANCE TO OIL GAME BROUGHT
TO TERMINATION.
Smith, Swan AND HARRIS
Harris Petition For a Re-lIcaring l.
Not Granted by the State
Supreme Court.

The Gnal closing Of the long drawn
. litigation Of Smith. Swan and Harris
had its closing scenes last Saturday
January 25, 1913, after the refusal
# the supreme court 10 grant a re.
. hearing upon petition filed by Harris
In March or April, 1904, John
Smith Of Independence Kan, and
i p. swan. in the employ OF the
View York on & Gas company, after
wards the Kansas Natural Gas com
rany. ana c.. C. Harris. Of Fndlay,
+ ohio. entered into an agreement or
arrangement whereby they took leases
drilled wells and constructed pipe
lines 20 Independence, Kan.
smith Furnished Money.
John Smith furnished the money for
the promotion OF the deal Swan re-
signed his position Arrangements
were made for him 10 look after the
drilling Of wells and the laying Of pipe
line Harris was 10 look after the ac-
curing Of leases and paying rentals.
etc, and profits, II any, to be d.
yided one third 10 each.
In about one year from the date
this enterprise was started, the prop
erty acquired by them was sold 10 the
Kansas Natural Gas Co. for about one
hundred and eighty thousand dollars,
Smith having invested up to that time
about sixty thousand dollars One
hundred and eighty thousand dollars
Of the purchase price Of the property
was paid in cash and the balance was
to be paid after some litigation bear
ing on the titles had b cen settled. but
Was compromised, after about four
Years Of litigation. after 1t had been
carried to the federal court in Kan
.sas, for forty-five thousand dollars.
Harris Had Quit.
Smith. Swan and Harris continued
doing business as n partnership, ac-
curing leases, gas franchises in the
towns of Sapulpa, Mounds Henrietta
and Ponca City, also acquiring a large
acreage of leases around these towns
Harris had quit the firm, not taking
any active part in its management, de.
voting his time to mining schemes in
Colorado, and Arizona. having with
drawn his one third of the funds from
the firm for the promotion Of his
schemes.
After having been away for about
one year, he returned and again tried
the oil business around Nowata and
being without funds, secured the en-
dorsement of note from John Smith
for three thousand dollars, also one
of two thousand dollars from Swan.
After these notes had been renewed
at the bank several times, Smith and
Swan undertook garnishment proceed
lngs to collect thtaoin shrdlu cmfwyp
ings to collect the notes, and up to
that time Smith and Swan had spent
in acquiring Oklahoma properties in
which Harris had a one third interest,
but had never paid anything toward
the expense of acquiring the same At
the time garnishment proceedings
were started, Harris owed Smith and
Swan I'm addition to the 5000 in notes
which they had to pay as endorsers.
100000. When suit was filed. Harris
Ing that he had a one-half interest in
the transactions that had been sold in
Kansas, instead of one third. At this
point, Harris was willing TO enter into
a stipulation whereby he would elm
mate all Of his claims in the Okla
homa properties and he thereby be-
came creditor 10 something over $4,-
600, Instead Of being debtor to the
amount of 10000
Sixty Days Spent.
The matter was tried before Chan
dler as referee appointed by the
court and II took some sixty days
taking testimony. etc The referee
afterwards making finding and sub
mitting them to the district court.
Harris objected and asked for addi-
tIonal rndfnue g leo Jil Smith n ~