Weekly journal-miner., 1918-05-15
BUSINESSES SUIT IF MILLER VS.
 P.-j. MINES
JUDGE SWEENEY HOLDS THAT THE SALE OF GRO CERES TO MPANY DOES NOT CONSTITUTE GROUNDS FOR A LIEN.
CFrom Wednesdays DailyJ

yesterday issued an order NlSIulSSlng the suit which had been brought by the T. F. Miller Company of Jerome against the Pitlsburg-Jcromc Copper Company, the courts ruling marking the end of one of the most compli- cated and long-drawn-out actions which has occupied the attention ot the local courts for many months The decision of Judge Sweeney was 10 the effect that groceries which are used by a company building a road on mine property or arc used by men actually employed in the work of developing a mine cannot be rightly held to be basis for the filing of lien against the property in qucs- ton, such as would be the case if the commodities furnished were building material or other wares which are ac- tually wrought into the improvements on the property. The decision had the effect of dismissing the suit for the foreclosure of lien which tho plaintiff had sought against inc prop crty of the Pittsburgh erome com pany.
 The case was opened during the latter part of 1917 while Judge 2. O. Smith still occupied the Superior bench. \ contracting rrm, Snider X Caldwell, had accepted a contract from the Pittsburg-Joromc orgauiza- tion to build road from the com~ pany's property to connect with an adjacent highway. The contractors purchased large supply of groceries, clothing and some blasting material and opened 2 comlnissary for the use of the workmcn employed on the road job. Miller alleged in his com Dlaint that the bill of So.25S was not paid, that the goods had been used in the improvement of the Pittsburg- Jerome property and sought to fore close lien against this group. The decision of yesterday expressed the courts view that inasmuch as the merchandise in question had been re- sold to the men working on the road and also because Of the fact that the road was not a part of the actual im- provements on the P.-J. property. the sale of the merchandise by Miller did not give him lien on the group Of claims owned by the defendant cor poration. Miller's contention that in aS much as a part Of his bill was for $4.ll6 worth of powder, caps and fuse, II should constitute a lien against the property. was disposed or by the court with the statement that because of the fact that the road crossed the property of about half a dozen other copper companies in the neiehborhood, it could not be techni- cally considered an improvement de- signed 10 solely benefit the Pittsburg- Jerome property Tine court ruled that each side must pay its own court costs.
 Judge Sweeney also handed down a decision yesterday in the case of Snidcr & Caldwell vs. the Pittsburg- Jerome Copper Company, the case having been more or less closely al lied with the action mentioned above. The plaintiffs had sued the copper company, for which ii had built road, for the sum of $l3,222, alleged 10 be the balance due the contractors for the road work The trouble came about by reason of the fact that in the measurement of the cubic yardagc of material which had been removed during the construction Of the road, the plaintiff and defendant had both reached different results, the copper company having figured out that only 22ol5 yards of dirt and rock had been taken out and paying the con tractors on this basis Snider and Caldwell maintained that they had re- moved dirt to the extent of 2o.G30 yards and demanded pay for this amount or just S13,222 more than they had received. The court held that the figures of the copper com pany were correct and ordered the case dismissed, each side to pay their respective costs.
 Father Rampont a Citizen
 Judge Sweeney yesterday made Q ruling in the case of Father Rampont. the Jerome priest whose status as a citizen Of the United States had been questioned since the time several years ago when he went 10 France and served a few months in the army of that nation. The courts ruling was to the effect that the reverend gentleman had not forfeited his citi- zcnship by his comparatively short stay abroad. Father Rampont had obtained his papers several years be- fore the opening of the war, and in the latter part of 1914, he went to France for the purpose of looking up some of his family who were residing in the vicinity of the ill-fated city of Nerdun. After reaching there, he en- tered the French army and served for several months in the thick Of tine fight. He was absent from the United States about lS months, and when the representative of the department oi naturalization came to this county several months ago. some one Sug- geSted to him that Fr. Rampont had forfeited his rights as an American citizen by his service in the French army. The matter was referred to the Superior court for a ruling. it be ing the intention of the department to withdraw Fr. Ramponts citizen ship if 1t were found that he had acted contrary to the provisions Of the laws governing the issuance of