davidaulloa/AmericanStories huggingface dataset:
The Wilmington morning star., 1940-12-15
Reimbursement Plan For
Bowl Players Hits Snag

team selected to play in the Rose
Bowl are unable to take advantage
of the jobs due to practice require
ments.
To make some adjustment in this
economic impasse, conference
heads authorized reimbursements
to players able to prove they had
promises of bonafide jobs for the
holidays. Commissioner Edwin N.
Atherton will be on hand to elimi-
nate any hokum in the employment
claims. The reimbursement, it was
stlpula ted, was not to exceed $50. 90
for the two weeks preceding the
first of the new year.
Laudable as the plan seems, the
manner in which it was laid out
IN print in some quarters prompted
headlines such as: Rose Bowl
players to get $50 salaries"
The reaction obviously dismayed
the Stanford delegation, proud of
the high academic standards of
their school. The reimbursement
plan applies to all future confer
ence Rose Bowl representatives but
Stanford, latest reports indicated,
may not be the first to avail itself
OF the opportunity.
A committee representing the
conference will sound out the SEN
tlment of the National Collegiate
Athletic association to the plan at
the annual meeting in New York,
the last of the month. Even if the
reaction of the national body is
favorable, there is a possibility
Stanford will decide not to risk
criticism by reimbursing the hand
ful OF players who might prove sat
l~sfactorily they were actually
money out of the pocket by loss
OF promised jobs. 1
The Wilmington morning star., 1940-12-15
HUSKERS COUNTING
ON RUBBER MAN
Herman Rohrig To Lead Team
Against Stanford In
Rose Bowl
BY BLAKE

LINCOLN, Neb., Dec. 14.-GP-
They dubbed Herman Rohrig the
rubber man" of the Nebraska foot
ball team and like a rubber ball he's
been bouncing up in the pinches
for three years.
He's the little man of the Husker
backfield squad, carrying 49,
pounds on a five foot. nine inch
frame. Like a lot of others on the
squad he doesn't talk much-not
ever about the coming Nebraska
Stanford Rose Bowl game.
Herman started playing football
in grade school and skipped away
on a long touchdown run the first
time he ever got his hands on the
ball.
After gaining. all-state fame at
Lincoln High school, he entered the
university in 1898 and started build.
ing a reputation as a runner. That
year his sturdy legs churned up the
field for a 80 yard touchdown run
with a Missouri kickoff, n
Last year he really went to town.
He ran 80 yards with a Kansas State
punt to wipe out a 8 to 0 lead that
team had gained over Nebraska, and
in other games played hob in gen.
eral with opponents through long
JauntS that meant victories for Ne.
braska.
The reputation he gained was
that this year Nebraska op.
ponents kicked out of bounds when
Herman was in the same,
Then he started passing more.
winding up the season with a better
than 500 average-includins a three.
n man show against Mis-
souri, when, handicapped by a sh, l.
Ter injury, he passed twice to get
4 touchdown, then kicked the extra
point.
He blazed again in his last home
game. There were but seconds to
play in the first half of t.s<kansas
a game and the score waI&O to 0
"hen Harry Hopp, who shsfes time
With Rohrig, was hurt. Rushed in.
Rohrig faded to pass, couldn't find
receiver and ran rs yards for the
touchdown that broke down the visi-
.ors and placed Nebraska up in front
the Rose Bowl bid.
That one," said Rohrig, was Just
or Hopp."
The Wilmington morning star., 1940-12-15
cats TO PLAY
CLINTON FRIDAY
Pre-Schedule Basketball! TIL
To Be Staged At Arm.
DRY Here

The New Hanover High sctoa
Wildcats basketball team will rl,,
a pre-schedule game with the Gin.
ton Highs in a double bill Frjds,
night in the Cape Fear Artiner
Armory.
Coach Bob Black completed ts
second week of practice last ri
day and the boys looked good r
shooting, but had not done muct
on passing. A few simple pass
plays were practiced from center
with defensive work occupying a
great part of the sessions.
Coach Black will have some lad,
over six feet to shoot at the Clinton
lads. Bert Nesbitt, lanky you.g,
ster, is out for the first time This
season and has been doing some
excellent sharp-shooting. Anothe,
lad over six feet is Leonard Me-
Koy, star of the Sunday School
leagues, out for his initial try 4.
Wildcat basketball. Vernon Nor,
son, Bill Bowen, Billy Pieper, I.
G. Herring, Jennings Edwards
Cliff Owensby showed up well in
practices last week.
Coach Rupert Bryan has not de-
cided much about his Junior var.
sity, but has several good lads to
pick from although most of them
are inexperienced except for their
play in the Church leagues.
The annual football banquet will
be held in the New Hanover High
school cafeteria Wednesday night
with plenty of good food and short
speeches on the menu. Members
of the varsity and freshmen teams
and their guests and several spe
cially invited guests will sit around
the festive board for the program
Howard Mcdonald boxing coach,
will preside as the toastmastet.
The highlight of the program will
be the presentation of the Andersen
Trophy by John Anderson Of j.. C.
& Sons, to the most valG
able senior player on the VARSITY
this season. Awards will be an.
to the members Of The
team winning their letters in foot.
ball this year.
The Wilmington morning star., 1940-12-15
ROBINSON SETS
WINTER PROGRAM
Junior Highs To Play Cage
ball; Other Grades Bas-
ketball, Volleyball

Coach Relmon Robinson, director
of junior high and grammar school
athletics for the county, has an.
nounced his winter program for
these schools.
The junior high school girls and
boys will play a schedule of basket
ball and the other grades will take
rart in a countrywide intra-mural
program Of basketball and volley-
ball.
The football. season which closed
last month proved most successful
with Tileston winning the junior
high siX-man football championship
and Wrightsboro grabbing honors in
the touch football leagues.
The junior high basketball SEIZED.
ule follows:
January II Hemenway vs.. Isaac
Bear 3 p. M; Tileston VS.. Winter
Park 4:30 p. m.
January "a HemenWay VS.. Winter
Park 3 p. M; Isaac Bear vs.. Tiles
ton 4:30 p. m.
January 81 Isaac Bear VS.. Win
ter r 8 p. M; Hemenway VS..
Tileston 4:3O p. m.
February Z Tileston VS.. Winter
Park 3 p. M; Hemenway vs.. Isaac
Bear 4:30 o.. m.
February IA Hemenway VS.. Winter
DO il o T~4-- ~,
ton 4:3Q p. m.
February 21 Isaac Bear VS.. Win.
ter Park 8 p. M; Hemenwav VS..
Tileston 4:3O p. m.
All games will be played at the
Y. M. C. A.
The Wilmington morning star., 1940-12-15
NEGRO TEAMS TO
MEET ON SUNDAY
Proceeds Of Game At Legion
Field To Boost Empty
Stocking Fund

Negro gridironerS from Brookly1
and Dry Pond will tangle at Legion
field next Sunday afternoon al :
o'clock in a game for the benetl
of the Star-News Empty Stocking
fund.
One team is the Brooklyn Blue
Devils. headed by Captain James
Byrd, of 1918 North Eighth street.
The other is the Castle Stree I
Bears, headed by Capt. Marshall
Boney, of 1916 Castle street.
Money Badly Needed
The entire proceeds f o the
game will go to the benefit of the
Star-News Empty Stocking fund,
which is badly in need of money
if all the unfortunate children of
the city are to have a visit from
Santa Claus on Christmas eve.
The teams are composed OF
husky players. with each team ap.
parently confident its might will
allow it to overcome the opposition
afforded by the other.
The Brooklyn Blue Devils have a
tentative lineup of Johnny Morris,
left end; Ernest Addison, e f t
tackle; James Halsey, left guard;
Floyd Pollock, center; Willie
Lewis, right guard; Leroy Jude,
right tackle; James oyer, right
end; James Byrd, quarterback;
Sam Vereen, fullback; Charles
Mcclure, halfback; and Hope Jun
liver, halfback.
Others on the squad include Will
lie Robbins, George Moore, James
Morris, Freddy Sanders, Sammy
Wells, Henry Lee Mills, Norwood
Hall, Ham Robinson, Anthony JAG
obs and Charles Williams.
The tentative lineup of the Castle
Street Bears is Earl Mcintyre, left
end; James McKoy, left tackle;
Harry Taylor, left guard; David
Waddell, center; David Lennon,
right guard; Willard Russell, right
tackle; Willie Hines, right end;
Robert Carr, quarterback; Marsh
all Boney, right halfback and cap
tain; James Redd, left halfback;
James Powell, fullback. Others al
SO OF the squad are Carl Brown,
James McClammy, Joseph Faison;
Hazel Woods, and Alfred Thomas,
coach.
The teams will hold a practice
session this afternoon and the cap
tains have promised their men will
be in fine fettle for the game Sun
day afternoon of next week.
Fans who have watched Negro
teams play here hold they play a
faster and harder game of football
than any other group and indica-
tons r next Sundays game will
be replete with thrills from the
starting whistle.
In addition to the normal rivalry
which exists between any two
teams meeting on the gridiron.
these lads have something of the
old Dry Pond-Brooklyn feud to set
tie among themselves.
Seats will be reserved for both
white and negro football fans.
The Wilmington morning star., 1940-12-15
NELSON LEADING
IN MIAMI OPEN
Sub-Par 81 Makes His 54-Hole
Total Of POL Nine Under
Regulation
BY r

MIAMI SPRINGS, Fla, Dec. Il
-R-Lord Byron Nelson, smooth
stroking PEA champion, took a
commanding three-shot lead in the
$4,000 Miami open golf tourna-
ment today with a 81, his third
consecutive sub-par round, for a
54-hole total of 201.
One by one, most of the other
golfers dropped back, while Mel
son rhythmically fashioned his
three-under-par core, lacking it
onto previous rounds of 6e and IS.
That made Nelson, national open
champion last year, just nine be-
low par for the distance.
Heather Second
Clayton Heather of Linville NJ
c., who finished his second round
early today for a 81, managed to
clip another stroke off par with a
third round SO. Only a shot behind
Nelson starting the third round.
Heafner had a 54-hole 2O4.
Ben Hogan of White Plains. N.
Y, the little man who whips the
ball a country mile, dropped back
of the pace-setterS, with a par 70
for a 206 total.
Hogan, battling to clinch the
years money-winning title and the
Vardon trophy in this final tourna-
ment, found himself all-souare at
the three-quarter mark with h $
arch-rival, Sam Snead, the better
from Hot Springs, Va.
Snead finished with a 81 that
showed seven brides and four
bogeys to close in on Hogan.
To all intents and PURPOSES the
competition had narrowed to those
five golfers. Mike Turnesa of Fair.
view, N. Y, scored a 68 for a 2O7
total, Harold (Jug) McSpaden of
Winchester, Mass, was in the 208
slot after a t%hird-round SO.
Jim Terrier of Sydney, Australi-
an open champion, blew to a rs
for a PA total and found himself
tied with Earl Christensen. Miami
policeman, for the amateur lead
Christensen scored a II todav.
Ben Loving of Springfield, Mass.
slumped with a u for 2O9. At the
same notch was Willie Goggin of
Miami, who scored a SO.
Several thousand spectators still
considered Snead a threat tonight.
even though he was five strokes
back.
The Wilmington morning star., 1940-12-15
Athletics And Phillies
Cut City Title Game

PHILADELPHIA, Dec. 14.-R
the first time Size 1903, the
Athletics and the Phillies will not
meet in a city baseball cham
pionship series next season.
Manager Connie Mack of the
AS announced that he and Ger
aid Nugent, president of h e
Pills, have agreed to discontinue
the series for the time being"
I'VE haven't been drawing any
too well in the games between the
clubs in recent years." Mack
land we reached an
understanding to drop the series
for a year or So"
Mack said the AS have carded
80 spring exhibition games in
GLIDING 16 with the Pittsburgh
Pirates, and want to book four
more. The AS will train at Ana
helm, Calf.
The Wilmington morning star., 1940-12-15
Cubs And White Sox
Draft Spring Schedule

CHICAGO, Dec. 14.-R-The Chi.
cago Cubs and White Sox announced
their spring exhibition baseball
schedules today. revealing that they
will meet each other 16 times in
their preseason rivalry,
The Cubs, starting their first sea-
son under Manager Jimmy Wilson,
begin training at Catalina Island
Feb. 81, remaining there until
March IA.
The first squad of White Sox
start spring drills at Pasadena, Calf,
Feb. %, the second squad arrives
a week later and the exhibition play
begins March 9.
The Wilmington morning star., 1940-12-15
MEMS DIVISION
Zone A

AOAC
Channel Bass-No entries.
Bluefish-First prize, James
Stathis, one pound 2 ozs. $50 yd
Ohio reel. Second prize, W. L
HELEN, l pound Is ozs., 200 yds
line, already won first prize.
Virginia Mullet, Mrs. o. H
Shoemaker, l Id. IA ozs., $3.50 bal
knife.
Trout, James Stathis, 3 g.!
pounds, $3.50 tackle box.
Zone B
Channel Bass, First prize, Pau.
Cantwell, 7 IL pounds, $50 yd
Ohio reel. Second prize, C. B
Case, 5 lbs. 5 ozs., 200 yds. Il
line. Third prize, M. B. Murphy
3 lbs. 3 ozs., $500 worth tackle,
Fourth prize, M. B. Murphy, 2 81
lbs, $1.5O worth tackle.
Bluefish, Joe Stone, l 3-4 lbs,
$50 yd. Ohio reel. Only entry OH
blues.
Virginia Mullet, No entries.
Trout, Harry Pyle, 3 lbs. l IL
ozs., $1.50 tackle box.
LADIES DIVISION
Channel Bass, No entries.
Bluefish, No entries.
Virginia Mullet, Mrs. o. H.
Shoemaker, l pound IA ozs., $1.5O
tackle box.
Trout, Mrs. R. P. Huffman, 2
lbs. 10 ozs., $1.50 bait knife.
FRESH WATER DIVISION
R'o c k, First prize, George
Mathis, II lbs. 7 ozs., South Bend
reel No. $50. Second prize, Jas.
S. Hall, 8 "a lbs, 100'yds. Is silk
Third prize, A. c.. Emerson,
2 lbs. 5 ozs., two Metalures-do-
nated- Fourth, No entries.
Black Bass and Jackfish, No
entries.
The Wilmington morning star., 1940-12-15
Sailor Hill To Meet
Chief Little Beaver

A newcomer reported to be d
tough as they come will claim The
spotlight at Legion field tomorF0'
night as the weekly graphing Oo1
is presented at the exhibition OlA''
ing.
He is Sailor Hill who will rae'
Chief Little Beaver in the nan
bout.
The semi-finals will present Jac'
Reeder and Dick Lever, the Ia'
nessee terror in a Commute IA'
limit affair for the best two u
three falls. 1
The Wilmington morning star., 1940-12-15
Omelet Wins Oakland
Cap At Bay Mead'D'

SAN MATEO, Calf, Dec a.
R-Omelet came from behind '0'',
to win the mile and a slA's'D1
Oakland handicap at Bay Nfaooa,
The winner finished two lsD7
ahead of Arigotal, in LA u"
ploded was third. .."|
Omelet paid $500, $3,to anu #,
Arigotal $500 and $4 49, aDu
ploded $3.50.
The Wilmington morning star., 1940-12-15
George Washington University Joins Southern Conference
Harmon Most Valuable,
In Western Confere,,,

CHICAGO, Dec. 14.-Cp-
Harmon, Michigan triple tbraa, l'
was named today as tho s,'''
valuable" player to his team D"S'
Western conference. 'e
Harmon was selected in +bo -,
poll conducted by the Chicqoo ra '''
une. A group of coaches and ,,
Gals made the choice after the rr s'
ers of each football squad had =,
lected their most valuable,
The Michigan star was an arm-,
unanimous selection. Paul Ham.
Northwestern center, ran so.on,
The Wilmington morning star., 1940-12-15
PURCHASE

LOUISVILLE, KY, Dec. IA
1f-Bruce Dudley, president of
the Louisville baseball club of the
american association, announced
tonight the purchase of Outfielder
Walter Cazen from Rochester. N.
Y, OF the International league
The Wilmington morning star., 1940-12-15
REFEREE

En miAMl' Fla, D e C. 14.-RA
Gmll II. Heintz will referee tbe
Drange Bowl football game be-
Georgetown e d q
The Wilmington morning star., 1940-12-15

The Australian metropolis, Sgd
ney, calls itself the New York of
the Pacific"
The Wilmington morning star., 1940-12-15

Monkeys r susceptible to near.
~ all ills that befall human be.
ings.
The Wilmington morning star., 1940-12-15
BASKETRAI,J,

COLLEGE BASKETBALL
U. N. c. 46; McCrary Eagles IS.
High Point Y So; Wake Forest
46.
George Washington 40; Washing
ton and Lee "a.
The Wilmington morning star., 1940-12-15
FISHING CONTEST
WINNERS NAMED
Successful Contestants in No
yember Event And Prizes
Are Listed

Winners of the November con-
test of the New Hanover Fishing
club we're announced last night by
Bob Sneeden, contest chairman, as
follows:
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-09-07
ROCKEFELLER Is
"COORDINATOR" OF
OIL IMPORTERS

Appointment of Nelson Rockefel-
Ter as cOordinatOr OF commercial
and cultural relations between the
American nations for the Council
OF National Defense. made by the
Pre- ident. SHOULD not be viewed as
a Fifth Column invasion OF the State
Department by importing inter
ests" says Russell B. Brown. coun-
sci for the Independent Petroleum
Association, in a current letter TO
officers OF the association. He
wa invited 10 the post. His pres
ence there is doubtless in full har-
mony with the general attitude OF
the state Department. Mr.. Rock
fellcr is a splendid man OF high
character and personal integrity.
The fact that he has for a number
of Years been very active in the
development OF certain industries
in Venezuela and that his family
has long been associated with a
company which imports oil from
Venezuela has been given public
ity as an argument for his APP
pointmeut.
Mr.. Rockefeller will receive q
salary OF 81 a year in addition to
subsistence. expenses and travel
money. No mention was made OF
other advantages which might &C
crue to the Standard OIL or to the
Rockefeller family from this in
side position close to the State De-
partment. Whatever these may be,
this seems to be in harmony with
the insistence OF the State Depart
mcnt on trying to give advantages
70 the importing companies. From
what we know of Mr.. Rockefeller
We do not believe he will attempt
to misuse this opportunity but We
do believe his appointment EXPIRES
ses the instructive attitude of the
State Department in kowtowlng TO
the rich and the sons OF the rich
a. we'll as to the American playbOy
wherever conspicuous appointment
is TO be made
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-09-07
Big Gasser Not
Under Control

Glacier PrOductiOn-Hall No. 3,
.C NWK SEX 35-36-6W, which has
an estimated O.000,000foot gas
flow In the Sunburst sand. made
no progress this week as the gas
began breaking through the cement
In which the casing was set The
hole is being re-cemented in the
hope that IL will hold the terrific
pressure while the Cut Bank sand
Is penetrated in the search for oil.
The we'll offsets a Cut Bank sand
producer which had little gas In
the Sunburst sand. To the south
west however. is another $4,000, r
000-foot gasser. producing from the
Sunburst sand. Another trend -
or possibly an extension OF the
Lander trend Is suspected.
Glacier ProductiOn-Dclaney Unit
No. 1, c Sec. 35-36-6W. in the gas
area. Is drilling at 1857 feet.
Observation-Disclosures 100 No.
NV NWA SEA 6-32-5W. is
drilling at 1909. where 7-inch cas-
ing was set. The Sunburst sand
from 1855 to 2SS5 carried show
ing of oil.
Katley. Agent-Thayer No. I, NE
sEA NwA 15-s4-6W is drilling
at 2S20 feet.
Pardue-Tribal 1871 No. I. sW
SEit NEh 19-32-5W. is drilling
at $50 feet Colorado shale was at
800 and casing was set at 43S
Tarrant- WOld-Fce No. 3, NEit
NEi4 13-34-6W, is drilling at 414.
Eight-inch surface pipe WAS set at
Va
shale at $50 feet.
TexacO-C urran No. O, SWi4 NE
S-32-5W. is drilling at 1888 and
due for completion.
TexacO-State M455 No. :, c
SEA NWi4 16-32-5W. is drilling
at 1000
Tcxaco-Bonnct No. 3. c MEL
Sell S-32-5W. was shot with so
quarts OF nitro glycerin at zoos
but It failed 10 respond so II has
been abandoned,
demonstrating No. 4, CNL SEA
SEA 26-35-6W. is drilling at 448
feet, after setting 10-Inch pipe at
that depth. Colorado shale was at
40.
Tcxaco-TribaI 122 No. 10, Gel
NW1l SEA 6-32-5W. IS drilling at
$50 where 1O-inch casing was set.
Colorado shale was at $50 feet
Wagner ct aI-TribaI 184 No. I /.
NE NEA NEA 13-32-6W. is drill
ing at 1900 feet.
Four wells. including the TexacO-
Schlag No. 4, spudded this week.
Jeffries-H. Clark No. ., c NWA
IsWh 34-35-6W, is now spudding
at % feet.
Glacier Observation-Disclosures No.
e. NV NWh SEA 19-34-5W. is
drilling at SIS after finding Colo
RADIO at 420 and setting 10-inch
pipe at 1876.
Par Oil-TribaI 40 No. 3. NE
NV SWA 7-32-5W. is drilling
at 20 feet.
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-09-07

rels OF oil and 25 barrels of water
per day. 1t showed an initial OF IS
barrels but has increased with
steady pumping.
Twin FieIds-U. S. No. 1, NV
NWA NWA 2S-35-3W, is being
drilled into the lime today. 1t had
been shut down at 1882 and Is now
drilling at 1850. 1t is in the high
gravity pool, northwest of the large
Dahlquist producers.
Twin FieIds-U. 5. No. 2, Sc Sc u
SWA 21-35-3W, had a showing OF
oil at the contact and treated with
500 gallons of acid but the forma-
ton absorbed only two barrels Of
the acid. 1t was drilled to 1896
where it had a showing of oil fol-
lowed by water, so was plugged
back to the contact to acidize
second time. 1t had a fairly good
showing.
Vanderpas- Thumm No. ,, CSL
NWA NWA 33-35-3W, is drilling
at 1915 after setting production
casing at 1913 feet. Sunburst sand
from 1895 to 1920 was dry. This
is in the south end of the high
gravity oil pool.
WeIsh-ZachOr No. 4, CSL NWA
NEA 29-35-1W, is drilling at 1900
feet after setting casing at that
depth. Sunburst sand from 1413 to
1925 was dry.
YeaIey-shaw No. 10, NV NEA
NWA S5-36-2W. is drilling at
1890.
PrevoI & Government
O8247 No. 1, c SEA NEA 1886
SW, is drilling at 1920 feet.
In the Whitlash field, in the
Sweetgrass Hills, Western Natural
Gas Co. has brought in another
gas well to augment the supply for
the Great Falls gas line. A flow OF
100000 cubic feet was encount-
cred at 1453 feet, in the basal Col
orado sands. 1t is Western Natural
Gas-WiIsOn No. /, NV NWA
NWN 27-37-4E.
SEND IN YOUR SUBSCRIPTION tt
-ww, ..ryzrnwrnc,r DAnNED
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-09-07
GLACIER COUNTY
~ Glacier County Abatrart Co.
CUT ANK, MONTANA
PARTIAL ASSIGNMENT OIL AND
GAS LEASE

Ethel wa,kicil to Bank OF Glacier
County TO secure repayment ~ money
owed o. Rank: 2lcs ~ S2lfs Interest In
FtElNWl Soc - - X CIV
LEASE EXTENSION AGREEMENT
Mabel Morrison Trust Estate, to The
Texas Company. agreement extending
primary term of oil ond gas lease 10
Aug II 1871 aud accepting S2eOO0 In
payment Of all rents 10 Aug. II. 1881.
on SWi WlSEl ElElSiA See. *, T.
- y Il CIV.
Same to same extending term OF lease
covering WASW4 Sec H. NBNEl SEiNE4
Easel se'. IS Twp. IS Rye. 9 West,
10 Aug n, 1871. and accepting 2eSlO0
in payment Of all rentals 10 that date.
RELEASE OF OIL AND GAS LEASE
Glacier Production Co. TO Eugene and
peidamia I.uchi Lots = >. SW3NEt Sec.
ee;-G West Book O&G $40
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-09-07

pursuant to such understanding had
at the inception Of the agreement.
1T seems reasonable to the court
that all claims for consideration IN
this case should be limited to the
date of assignment by Homestake
to defendants and subsequently,
such would appear from the cor
respondence and stipulation of the
parties Diminishing as to Homestake
Corporation.
1.-THE court has already referred
to the claim OF account stated, and
is satisfied that the evidence does
not sustain such claim; the account
was subject to change and adjust
ment from time to time and never
appeared TO be final
Denies Laches
'Iaches is defense interposed
by defendant and quite strongly
urged. The principal reason given
for delay is that plaintiffs were
hoping for an adjustment Of their
claims and their hope was based on
repeated assurances that their com
plants would be considered, mis-
takes corrected ana aoJustH<Ato
made. There does not appear to
have been such an unusual change
in material circumstances as to
render 1t inequitable to grant re-
lief to the party dilatory in COM
menclng the suit: as a matter OF
fact. from the evidence, fault for
delay seems to be attributed to both
parties.
"From a consideration OF the
files, peadings and briefs in this
case. and the facts as they appear
to the court, and the law governing,
the court has come TO the conclu-
sion that the charges embraced In
classifications 10 to 38 inclusive
should not have been entered
against the plaintiffs and should
therefore be eliminated and judg-
ment awarded accordingly in favor
of plaintiffs, with costs, and such
is the order here. Findings OF ul-
innate facts and conclusions may
be submitted conformably to these
views.
Judge"