The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-09-24
A Bic INNING SUIT,
In Which Valuable Properly and
$4,000 Damages are Involved.

A day OF two sgo another very ian
portsnt mining suit was Instituted
in the District Court here, the papers
IN which were served on Wednesday.
The suit is brought by the Butte Sill
yer Mining Company, Of Big and
Little Cottonwood Districts. against
Lemuel U. Goliath. r. @. Chambers
and the Oregon Silver Inning Com
psny-or is the Butte and Marietta
Claims against the West Wind, City
Rock and Oregon Claims; and the
following is the substance Of the COM
plant:
That the defendants, by themselves
and by their employees, have entered
on the vein of ore on the dip of the
same. at q point lower down than
the location and the works of plain
tiff. and have forcibly and without
permission of plaintiff taken out and
removed great quantity of ore OF
great value; the exact amount aud
valne OF the same are not known to
plaintiff. or its agent, but as they are
informed and believe, and allege on
information and belief, of the
value OF $4,000 and upwards;
that defendants are now engaged in
taking out and removing ore from
said vein OF plaintiff. aud still threaten |
10 continue 70 DO go and to remove
said ore, and nave driven out by force |
the WorkmeB and employees OF plain
TIFF from the tunnel where said ore is |
being extracted; that the defendants
claim TO be the owners and the sole
owners OF certain pretended mining
claim called the West Wind, and
have committed the aforesaid Tres
passes under the color and claim OF
working sad West Wind Mining
Claim. That said Vest Wind is
more recent location than those OF
plaintiff; that said West Wind Mining
Claim has no vein of ore OF its ewn.
Out has been worked upon the vein OF
plaintiff underground; that said vein
Of plaintiff dips to the northwest. and
he West Wind is on the northwest
iide of the mines of plaintiff; that the
have entered and worked
aid vein of plaintiff through a tunnel
the mountain on the surface
rom a claim called the City Of Rocks,
said claims of plaintiff on
Toe west, on the strike of the same
1ein, and thereby have taken from
he said West Wind the amount afore-
aid of $4,000 which belongs to the
lein of plaintiff.
Therefore, plaintiff demands judg.
nent that defendants and their ser
Iants, agents and employs, be re-
trained permanently, and during the
pending of this suit, and until the
ights of the parties can be deter
mined by this litigation. from work
Dg the lodges, seams, veins, spurs
nd angles of silver or other metals n
wing in the ssid pretended claim of S
be West Wind, and from working I
aid vein of Marietta and Butte Mine. (
nd from extracting, qusrrying. get
ing out or selling or DIS losing of any
re or mineral from the SAID prem
les; that plaintiff recover damages 8
1r the injuries aforesaid and herein
OF TO the sum of $50, 900,
nd that plaintiff recover cost of this
1it.
Arthur Brown, Esq, is the attorney :
u the plaintiff
1t will he Tecollected that it is a .
cry short time since the suit of the c
RECON against the Butte had its final
caring before P. L. Willis ms, Esq
sieree, in which the Butte was VIC
,rious. Having won this suit, it is
robable the Butte people have now T
lrned the tables and propose to sue, y
OF only the owners of the Oregon, =
at those of other claims in any way
conflict with the Butte. Z