New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-07
Mexican Supreme Court
Settles Ownership OF
the Capdelaria.
MILLIONS AT STAKE
IN LONG LITIGATION
MANY Americans Concerned in the
Case-Decision Regarded
asa Compromise.
lRr cahlc 70 IN. Tribune. J

RY Gable - Inc iIlnuW'-
+ Mexico city. FEB. e.-The Candearia
mine suit. involving many millions OF
dollars. and IN which Americans are
largely concerned vas decided this morn
irs bv the Supreme Court. which con-
firms the claim Of the Candelaria Gold
and Silver Mining ComrsnI. of New
York.
The court holds that the Csndeiarls
company is entitled 10 claim ownership
and an accounting with respect to me
original share in the mine 81 Jose v
and Nlruel I.aveaga In other words
IL Is held that the company has maze
GOOD lie claim 10 one-twenty-fourth H.
terest i'm the Candelafia mine hut ho' ~
the remaining twonty-three shares o.
thai mine. nor 10 other mines "h'"
paniel NJ Burns has incorporated ana
oncrated with the Candeiarla
The conpanv can. therefore. d~nsU ~
BURNS tho delivery OF one-lventy -fourih
or the profits from the Candelana mlne
since he has been in possession and
settlement Of the property in accordance
with the Supreme Courts decision pu'
nothing more the decision is III INC
nature OF a compromise. and really con-
stitu,es a victory for Burns. who is I'M
Serstood to - IN San Francisco.
THE litigation over the Candelaria MINES
located i'm the san Dimas district. stale
~ Durango. was one Of the most compli-
Gated cases ever before the Mexican
courts. and ny far the most important III
which Americans wer" concerned. the
li,jgants were Daniel VI Burns. OF Mis-
sissipni. now in possession OF the mines
and the Candelaria Gold ana siiNef MIL
INK Company OF New York.
contentious Of The Candclaria Gold ana
Silver Mining Company were that III lSoc
Jose V. and Miguel Lavoasa were recos-
nized owners Of the mines. In that year
the Laveagas entered into contract WIN
Alfred Green AMI Louis Burson whereby
the latter were 10 work the mines ana
rroyide canital in consideration OF receiV-
ing tventv-three barras. or shares. OF the
,wentv-four shares into which. according
10 an old Spanish mining ordinace then in
force the mine was divided. The LaNeagas
retained possession Of the twenty-fourth
harra. and II was this "barra aviada. as
il is called i'm Spanish that was the source
Of most Of the subsequent complications.
Several transfers followed. but in 1855
the Durango Mining Company. OF New
ycrk. which Was then owner OF the for
n,er Green and Burson interest sold out TO
~ cf N
~ was claimed by the Candelara Gold and
silver Mining Company that. prior to the
execution OF the decd to Waternouse ana
on OF about February IS. 1888, the federal
mining agent at San Dmas admitted ami
localized a statement that the CandelaTia
mines were abandoned, and. IN conse-
auence. had legally reverted to the gov
orrment and were open to new derounce-
rpent.
The company claimed in the litigation
'Lst closed that this was not the case, as
the mines were it was said. in constant
production AS consequence OF the min
ine agents action, however. possession
vas adjudicated in June, 1888. to Daniel
NJ Burns who had been superintendent OF
the mines i'm question. The Candelaria Gold
and Silver Mining Company further
claimed that the various transfers OF the
Green and Burson interest did not affect
the l.aveagas's interest under the barra
aviada. II was claimed that the Lavsa-
gas in 1855 sold their interest to Joseph g
Rice. who. according to the companys
contention was acting for Mark Birmng-
ham of New York
Birmingham transferred his claim TO the
Candelaria and Durango Mining Company.
which in 1897. sold out TO the Candelaria
Gold and Silver Mining Company. OF New
York The latter company thus based Its
CAIN on it's acquisition OF the original
Laveags interest and OF the contention
that the announcement proceedings OF 1858
Ia Burns's favor were illegal and irregu-
lar