The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-11

Another important move has been
made in the Geyser-Marion contest,
and this time the former properties
will be tied up tighter than a wedge
as soon as the ore now extracted is
treated at the mill, unless there should
be a sudden shifting of the present
battle front. Upon the affidavit of Vice
President Smith, of the Marion, Chief
Justice Merritt yesterday issued a re-
straining order to prevent the Geyser
people from extracting any more ore
from the Geyser group or trespassing
upon the properties of the Marion
company, pending the hearing on ap-
plication for the perpetual restrain
ing order, which will take place on the
10th day of July, that being the date
of the return. In order to secure the
order, the Marion Mining company put
'ep a bond in the sum of $1,000 W. S.
Mccormick and Joseph Smith being the
sureties, and service will be effected
this afternoon upon Mr. Osborn and
other MEMBERS of the Geyser company.
AS before stated, it is anticipated chat
this restraining order will put a stop
TO the operations not only at the mines.
but also at the mill. Mr.. Smith claims
IN his affidavit that the Geyser people
are now working in Marion territory
by reason of their operation en- the
dip of the vein which has its apex in
the Marion ground. In his affidavit
he says that to date in the nelghbor-
hood Of 5000 tons of ore have been
taken out of the Geyser company from
the vein owned by the Marion. Athe
value being $50. 900.
For some time past Mr.. Osborn, who
is operating the Geyser under a lease
from the company, has been taking
care of in the neighborhood of 20 tons
of ore daily in the mill and his aver
age shipments of product from the mill
nave reached a value of about $500
weekly. Some extensive DEVELOPMENT
work has Just been done on the prop
critics, the most important being the
driving ahead of the old tunnel and
the cutting of the vein at a depth of
6O feet below the lowest tunnel of the
old workings. This demonstrates that
the vein is going down and the gen
eral opinion among those who have
examined the field is that the prop
critics now involved in the heavy law
suit are among the richest in the dis
trrct. One gentleman even goes so far
as to declare that the vein just cut in
the tunnel is nothing more or less than
a true assure and from it came the
other gold deposits in the district
In his affidavit Mr.. Smith sets up
that since this commencement of the
action against the Marion company by
MeSSrS. Osborn, Miner and c. r.
Boutwell,, the latter three gentlemen
have conveyed their interest in the al
legged Florence No. 3 and also their in
tereSt in the Geyser lode to the Geyser
Mining company, and that since the
filing of the answer and crosS-com-
plant in the action the plaintiffs and
the Geyser Mining company have I'M
lawfully and against the consent of
the defendant entered upon that por-
ton of the vein laying northerly of
the north line of the Marion claim,
lot 81, and have mined and extracted
from that portion of the lode a large
amount of valua BILE ore belonging to
the defendant of the value of $36,000
and upwards.
The defendant further says that the
plaintiffs and the Geyser Mining
have caused large caves to
occur in the property, whereby 1900
tons of ore of the value of $12 a ton
the plaintiffs and the Geyser Mining
are continuing to so tres
pass and extract ores and if not re-
strained will work irreparable damage
to the defendant. Wherefore the de
PENDANT prays for temporary restrain
ing order and that the plaintiffs be
required to show cause why same
should not be made permanent
This case promises to be one of the
most warmly contested in the history
of local mining disputes. Both sides
seem much determined.