The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-08-28
BUTTE 8 SUPER|ORPAYS
ELM ORLU s2,5O0,000
SETTLEMENT OF FAMOUS CASE
VICTORY FOR WALLACE AT.
TORNEY AND ENGINEER.


Butte & Superior case by stipulation
out Of court ended one of the great
est mining suits in the history of the
west, as viewed from the standpoint
of legal talent engaged and the long
list of expert witnesses which in
Guided noted mining engineers and
biologists from all parts of the
press much satisfaction with the set
Element, the outcome Is regarded as
victory for the Elm Orlu company,
owned by the Clark Montana Realty
company, of which ex-senator w. A.
Clark is the dominant factor The
case has been watched with special
interest in the Occur dAlene district
owing to the fact that John p. Gray
was the chief counsel for the Elm
Orlu company and that all the engin-
eering work, maps and models relied
upon by the Elm Orlu were prepared
by Rush j. White, of this city. Mr..
and it was his testimony, under the
skillful questioning of Mr. Gray, that
laid the foundation for the settlement
through which the Elm Orlu will re-
ceive two and a half million dollars
and much OF the ground in dispute.
The Anaconda Standard of last Tues
day gives the following account of
the settlement:
the sum the Butte & Superior COM
pany has agreed to pay to the Clark
interests, owners of the Elm Orlu
mine, in compensation for ore ex-
tracted by the Butte & Superior
company from ground which, 1t Is now
agreed, was rightfully included with
in the confines of the Elm Orlu. In
arriving at this figure, all mining and
system of mutual arbitration, was al
lowed.
Exact figures of gross tonnage are
inaccessible, but it is understood that,
in computing the value Of the ore err
roneously mined by the Butte & Su-
perior company, the latter presented
its official records and all mining data
in minute detail.
An odd feature of the settlement is
that friends of both sides express
complete satisfaction, the Clark peo-
pie saying that $2,5OOOOO in cash as
net proceeds represents vast mining
operations. while those who presume
to speak for the Butte & Superior
state that there is great deal Of diff
ference between claims of from $10,-
100000 to $15,O0O90O and the figures
ultimately agreed upon,
. Compensation Not Mentioned.
THE compensation feature of the
settlement was not set forth in the
decree presented in court yesterday
afternoon and upon which the order
terminating the action was based by
Judge Bourquin.
A stipulation in equity was filed
before Judge Bourquin at the open
ing of the federal court yesterday
morning in the suit of the Clark
Montana Realty company and the
Elm Orlu Mining company against the
Butte 4 Superior Mining company
Upon this stipulation the final decree
of the court was entered. Thus one
OF the most Important pieces of ltiga-
ton in the annals of mining law was
disposed of In less than 10 minutes.
The stipulation as entered reads as
follows:
THE parties, plaintiffs and defend
ants In the above entitled action here
by consent that subject to the ap-
proval Of the court, the amended,
supplemental decree in form as here
to attached, may be entered in this
action"
The stipulation bore the signatures
of John p, Gray John l.. Tempeman,
Sidney Sanner and w. A. Clark, Jr.,
attorneys for the plaintiffs, and Of j.
Bruce Kremer, william Scallon and
William Wallace, Jr., attorneys for
the defendant,
Decree Is Signed.
e Judge Bourquin then signed the
final decree as agreed upon and or
dered it entered in the court records.
]. Bruce Kremer made application
for the following order:
ut Is hereby ordered, and this does
order, that all bonds heretofore de-
posted by the above named defend
ant in this action, under and in COM
pliance with the order of November
8, 1917. be forthwith delivered by the
clerk of this court to the said defend
ant"
The bonds amount to $315,450.
The suit, involving property vari
ously estimated as being worth be-
tween $4,000, 600 and $15,000,000. was
begun more than two years ago and
the final action was a year and half
in preparation. The costs have run
into a fabulous sum, both sides
spending a fortune in preparation
and later bringing to this city the
foremost authorities in the United
States on mining engineering and
geology as expert witnesses
The case has centered the interest |
and attention Of mining men