The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-01-15
SUPREME COURT QU|ETs
VIRGINIA LODE TITLE
TE-CALlAHAN is DE-
CLARED OWNER OF DlSPUT-
ED GROUND.

In a decision handed down from the
Idaho supreme court this week the
Judgment of the lower court, confirm
ing title Of the Virginia lode mining
claim, in Beaver district, to the Con-
solidated Interstate Callahan and CO.
owners. is affirmed James A. Wayne,
attorney for the Observation-Disclosures
in the case, has received offlclal con-
firmation of the decree from the su-
preme court
The hearing of the action, which
consumed a week of the district
courts attention, attracted wide at
tention. More than 30 witnesses were
heard and the case stubbornly con-
tested through all of the courts.
The claim involved, known as the
Virginia, was one of the Oldest loca-
tions in the district, having been stalk
ed September %, 1888.
The action was brought by the Con-
solidated Interstate Callahan, II, u.
I.ougee, Benjamin c. Hammitt, Bar
Ibara. Elsie and Jacob Haeder, against
Patrick Burke Joseph F. Morton and
the Virginia Mining company as re-
suit of interference by Burke of par
ties engaged by plaintiffs to perform
work upon the property. During 1916
the Interstate Callahan, part owner
of the Virginia lode, held options 70
rurchase the Lougee, Hammitt and
tIIo oder interests. The Virginia Min
ing companv. of which Patrick Burke
was president and Joseph Morton
secretary, also owned an interest IN
the claim. According to the evidence
lar the trial the e-Callahar
had performed the annual work 1ol
1916 but anticipating trouble, nae
continued further development work
At the hearing it was brought ou
that shortly after midnight on De
cember 81, 1916, Burke went TO th'
; ground and relocated the properp!
under the name of Big Center claim
When employees of the Interstate-Cal
lahan appeared for work on Januar.
I 1917, they were ordered away 1rol'
tho nroperty by Burke, who continues
. 70 prevent any work by them unit
= January 4. when, at the point OF
2 gin. It is alleged he compelled tn
t company employees to go to Waiiac
6 with him where he took them 10 III
D office of the county attorney and ask
e ed for warrants for their arrest I'M
n was refused. Suit was then proush
g q oeainst Burke and a restraining or
= der asked. In the absence or Juos
n Woods from the district, Judge flyn
n issued a restraining order, en,oinih
n Burke from molesting workmen EN-
: r,,oved nv the Interstate -Callaha
n company. !,
n In March. 1917, a hearing was ma
on the restraining order ana II W.
II continued in full force by Juds
- woods The action against Burk
,s Morton and the Virginia Mining CON
y many. in which a quieting OF tue
n the Virginia lode to the plaintfs VIZ
NJ o,kad came before the court Jun
a. 1917. At it's conclusion Judge WOO
n dec,ded in favor Of the plaintins al
,e gave title to the Interstate-caila Ina nd
&c From this decision Burke appealed
pr tho supreme court and that BODY II
w now affirmed the decision OF the low
Ia court IN Smith John Gleason al
N Toe Morton appeared as attorneys
"a Mr. Burke and the Virginia MINI
n company in the action
on rho Virginia claim adioins the ]
T. Observation-Disclosures and Ray-'erers
holdings and sold on basis of soo'V
when the options held. were taken