The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-10-03

One of the most important mining
suits that has come before the courts
Of this territory-long threatened, but
FASTENED by the recent action of H. NJ.
Ryan, attorney for Rockwell, who took
possession of the Alrno group of mines
on the extension of the Bullion-Beck
and Champion Mining company ground
was yesterday filed in the district
court at Provo. The Bullion-Beck and
Champion Mining company and H. M.
Ryan are named as defendants and the
Almo Mining and Milling company, in
corporated on Saturday, is the plaintiff
AS a result of the prayer of the plain
tiff and the filing of the necessary bond
the court has granted temporary in
junction restraining the Bullion-Beck
people from working in the northwest
driftsIor at least those which are said
to cut through the lines between their
property and that of the Almo COM
pany. The plaintiff claims in the COM
plant that the drifts in the Bullion
Beck have cut these lines and that
much of the most valuable ore taken
from that property has come from the
ground on the Almo mine 1t also sets
out the facts of the seizure made by
Mr.. Ryan on Friday under an old lease
held by Rockwell and claims that by
reason of such seizure, which they (the
Almo people) say was entirely without
law, and in the extraction of the ore
from the Almo ground they have suf-
fered damage to the extent of 800 900,
and the prayer of the complaint is that
a perpetual injunction issue, restraining
the Bullion-Beck people from working
in the drifts which cut through their
end lines; that they be allowed DANA ges
to the amount mentioned, and that
surveys be made.
AS has already been stated Judge
Smith granted the request for under
ground surveys and it is more than
likely that the engineers, acting under
the instruction of the court, will at
once commence upon the work of run
ming the lines and mapping out the
workings of the Bullion-Beck and the
very limited ones of the Almo which
is said to be the extension Of the great
dividend payer and is located directly
adjoining to the northwest. This pro-
perty was recently sold by the for
mer owner. V. L. Thomas to Messrs.
C. E. Loose, David Evans. B. B. Clark
and Reed Smoot, the purchasers believ-
ing it to be the real extension OF the
Bullion-Beck. The Alno Mining and
Milling company was incorporated on
Saturday at Provo by the present
owners of the group. with number of
other gentlemen added, the capital
stock being placed at s25000O. On Fri
day Mr.. Ryan took possession of the
property under the Rockwell lease,
which, would have expired by
time limit on the day following, and
announced that he was prepared, for
his client, to carry out the provisions
of the old contract. He still holds the
fort and is working away on the shaft.
The Alnlo people also have a force of
men at work, but they are keeping on
the surface of the ground and content
ing themselves with eXcayating for a
hoisting plant, which they say will be
in operation within thirty days. 1t is
for the purpose of ousting Ryan and
his associates and obtaining the in
junction and damages that the suit is
brought. 1t involves a number
of important matters and also
q great amount of extremely valu-
able property. The battle will be a
heavy one, and taken part in by some
of the brainiest attorneys in the ter
ritory.
v. L. Thomas, the former owner of
the Almo, was in the city yesterday,
and in response to inquiries made by
a Herald reporter, stated that the Alrno
people are determined to go ahead
with the erection of the hosting plant,
and will have the works in operation
| within thirty days. It is their inten-
ton to fully develop the claims in the
group, regardless of the endeavers of
Mr.. Ryan and Mr. Rockwell For some
| time past, ne says, the BulliOn-Beck
| people have been taking ore from the
Almo on the 700-foot level, the drift
| having cut through the end lines. The
shaft house of the Bullion-Beck and
/ the mouth of the Almo shaft are but
| 483 feet apart, and it is claimed by the
| AImo owners that the workings of the
| former company all trend northwest
| in the direction of the Almo, ana igf
| the purpose of determining just where
| the drifts do end the judge of the
| court at Provo has decided that it
| would be considerably more convent
ent to handle the case with the aid of
working maps and measurements made
| by the engineers.
! 1t was thought that the order of the
court might make some extreme differ
ences in the working of the Bullion
Beck, but the board of directors last
night declared that there should be no
bitches, in fact, the members of the
| board deny that the company has ever
| cut the end lines between its property
( and that of the Almo company, or that
| any ore other than that from the prop
erty of the Bullion-Beck and Champion
! Mining company has ever been taken
out of the mine.
MORE WOOL SOLD.