The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1914-02-06

Under the terms of a new lease
covering certain mining properties in
the vicinity Of the village of Biwabik
and running from the Higgins Land
company to the Oliver Iron Mining
company through it's accredited agents,
as developed in the evidence in law
suit now being tried in Judge Dane
er's division of the district court in
Duluth the development of certain
rich mining properties in the vicinity
Of Biwabik is optional with the Oliver
Iron Mining company. Whether their
development is near or remote is
matter of inference. The opinion
generally accepted on the range, how
ever, is that the mines may not be
opened for some time. Much check
drilling has been done by the Oliver
on the Higgins properties and addi-
tional drills were started in the vicinity
Of Biwabik this week, but there are
still no signs of active development
work.
The lease just replaced was execut-
ed about the year 1901. The old lease
called for a royalty on a minimum Of
100000 tons of ore annually and ran
over period of so years. Under the
new agreement the Oliver interests
must pay a sum equivalent to one
fiftieth Of the total amount annually.
Spencer & Marshall, Duluth attor-
neys, have begun suit for $150,O00
attorneys fees against the Higgins
Land company and the case is being
tried in Duluth this week. The con-
tention of the plaintiffs is that they
were retained by F. Sullivan Smith,
attorney and one Of the directors and
managers of the Higgins Land COM
pany to represent the Higgins people
in lawsuit. For this, it is alleged,
they were to receive 100000. The
company makes answer that no one
was ever authorized to make such
contract. Referring to the action the
Duluth Herald says:
ut is not disputed that the local
attorneys were engaged to bring a
suit in the local courts for the cancel
lation Of what is. known as the Olcott
lease on certain property owned by
the company on the Mesaba iron range
The suit was brought and afterward
settled between the parties in the Of
fee Of Parker, Hatch and Sheehan,
New York attorneys employed as
counsel for the company. The dispute
involved in the present lawsuit is as to
how much that local attorneys are
entitled to for what services they
performed, in the matter. Should the
contract alleged to have been made
fall through, the plaintiffs ask that
they be given judgment for $150,000
the amount claimed as due them for
reasonable value of their services.
"The case is being tried before a
Jury and the question of how much
The attorneys are entitled to is mat
ter to be decided by the IL tried and
true. It is one of the largest jury
cases ever tried in the local courts.
A brilliant array of legal talent is
connected with the litigation. WASH
burn, Bailey & Mitchell appear as
attorneys for Spencer & Marshall,
Fryberger, Fulton & Spear and Green
Forbes & White are in court for the
Higgins Land company. The Higgins
Land company is controlled by New
York capitalists and owns extensive
mineral interests in St. Louis county
Frank w. Higgins, late governor of
New York, organized the company
several years ago.
'"The only witnesses who have testi-
flied so far are F. Sullivan Smith and
Allan B. Williams, both of New York
city. Mr.. Williams is secretary of
the Higgins Land company at the pre-
sent time. He was also called for
cross examination under the statute.