Bisbee daily review., 1915-04-17
MINING SUIT COMES TO ARIZONA
 THROUGH REVERSAL
Supreme Court Decides in Hook Hoffman Case That Our Tri- bunal Has Jurisdiction to De- termine Local Ownership.

E PHOENIX, April 16 That the su- perior courts of Arizona have juris- diction to determine the ownership Of Arizona corporations where action is brought against nonresident defend ant by substitutive process. the cor poration not being a party. was set. tied in the supreme court yesterday when by divided decision. that tribu- nal reversed Judge Lockwood of the Cochise court in the now famous Hook-Hoffman case. By the decision the controversy over the ownership of about fourth interest in the rich Mexican mining property of La De. mocfata will now become an issue m Arizona courts As determIning point of law that has never been brought directly before any court. aLd which is therefore unique. this deci- sion is a highly important one I was written by Judge Franklin. Cbief Justice Ross concurring ali Judge Cunningham dissenting.
 Le Democroto mine was orieiualy .owned by Lycurgus Linsey of Los An 2eles, and under his administration developed into ot.s of ths richest .nla propositions i1 MaN c1. IIc g5.d if Co Herman H. Hoffman. who is 5e. fendant i'm the present action and ts Leo Cloud. They formed a company in which Cloud was to have received a tenth interest on account Of work that he did in managing the mine Peter Hook was a superintendent nm. der Cloud, and when Hoffman re. fused 10 deliver Clouds shares on the ground he had failed ,o pay certain expenses that were alleged Co have been agreed upon. Hook was left ogf in Che cold. Hook died. and the VII dow Jennie F. Hook. acting for her. iell and a cNecutriN of her husband's sill brought suit In the Cochise court Co compel Hoffman who is Cincip. natl millionaire to deliver her fifty thousand shares of stock. Hoffman. who is represented by Judson liar mon, former governor of Ohio. and Elliwood and Ross. attempted to get the case into federal court here on the ground Of diversity Of citizenship Judge Sawtelle mearthed the fact that Mrs Hook was a resident of Ohio and that there was consequently no diversity at all
 Hoffman appeared in person to in- terpose the objection before Judge Lockwood that summons by registered mail inyalidated the jurisdiction of the Oochisc county court as he Cuotman) was a nonresident This objection was sustained by Judge Lockwood. and immediately upon appeal. the case was brought to the supreme court the decision of the lower court being there reversed and the case re- mandcd
 The decision which is an able con. position of 30 pages by Judge Frank lin closed with these paragraphs:
 The appellants rights are cog nizablc only in equity and the subject matter Of this suit being immovablv fixed within the jurisdiction. the courts of this state are not powprIess to proceed by reason of the uonresi- dence Of the appelIe
 Recognizing the power of the legis. lature of this state, by virtue of the location within its boundaries of the property which is the subject matter of the action, Co enable it's courts fc take jurisdiction upon constructive service of process against the non-re- sident defendant, and the object of the suit being to establish am ownership or said property we are Of the opinion the judgment of the superior court is erroneous