The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-01

Application has been made in the
Third district court for an accounting
at the hands of Messrs. Rea and
Schenck, of the Dalton & Lark Mining
company, and for the appointment OF
a receiver for the company. This SEN
sational application was made yester-
day afternoon by Ollin r. Rohrer of
Virdin. Illinois, as assignee of all
claims held by Alvin T. Rohrer against
the company and it is anticipated that
the hearing will develop an interesting
state of affairs. This suit involves the
ownership Of the properties Of the Dali
ton & Lark and it is not unlikely that
the developments to come may be of
highly interesting nature. The
plaintiff asserts that Messrs. Rea and
Scf.snck have used underhanded
ms to secure the possession and
exclusive ownership of the properties
of the company and also in the pur-
chase of the Dump claim from Han
auef and others for the sum of $4,000
This latter claim is located to the
southwest of the properties of the Dali
ton & Lark and the complaint states
that the defendants were in posses
sion of the fact that the vein of the
Dalton & Lark passed into the Dump
before they made any move to secure
he claim. The purchase price of the
Aatter was $4,000 and Rohrer asserts
thai although Rea and Schenck made
the purchase in their own names and
for themselves they made the company
pay for the Z rOperty by taking out
the purchase price from the proceeds
of ore sales. It is also asserted that
81
the Dalton & Lark properties had tres
passed upon the Dump and taken
therefrom considerable high grade ore.
1t seems. according to the state
ments of the complaint, that in the
year 1890 Alvin T. Rohrer purchased
for the sum of 81, 500 a one-sixteenth
interest in the properties Of the Dali
ton 6, Lark from Rea and Schenck,
who were the owners of an undivided
one-half interest This purchase was
i. made for the purpose of giving the
aowners of the properties capital suf-
fficient to operate the mines and de-
'Nelop them, all of the parties to pay
their pro raja of assessor entS made TO
carry on the work. After putting
down a shaft for several hundred feet
work was discontinued and Rohrer
left the territory for California, with
the understanding. he claims that he
should be notified when the other
owners decided TO resume operations,
in order that he might protect his in
terests. The complaint sets out that
shortly after his departure for the
west Rea and Schenck TeCpened the
properties and had not sent down the
shalt many feet before they broke into
a Asplendid ore body. Continued de-
Ttenents demonstrated the fact that
tLR IN was very wide and carried
extremely nigh grade ore. The dis
coNery was also made that the dip of
the vein carried it within the lines of
the Dump on the southwest and Rea
and Schenck at once opened negotIa- |
tions with the owners of the latter
property for its purchase. carefully |
conceaung the knowledge % a strike /
In the Dalton. The purchase was
made at $4,000 and it is alleged that
this sum was paid out of the proceeds |
OF sales of ore from the Dalton &
i Rohrer made an assignment of |
his claims to the plaintiff and the lat |
ter now asks for an accounting II, |
order that his interests may be pro- |
tected, claiming fraud and collision on
ne part Of the defendants. The ap-
pCi7tment of a receiver is also asked. |
What the Complaint Says.
As before stated Henry Rea and
Je1smiah Schenck are made defend
aa1ts aid the complaints set up
yfhat on August II, 1890. the de-
PENDANTS we've the owners of
one-half OF the Dalton & Lark
Mining company's properties, and that !
Tor lack of money they were unable to
develop the same and that i'll order to
raise cash they sold to one Alvin r
Rohrer a One-Sixteenth interest in the
said claims for the sum of $1,000, $500
10 be paid at once and the balance,
$500, at a later date. Alvin F. Roher
paid the $500 in cash and became as
ISOLATED with the defendants in devel-
cping the property, which work was
~, ~foI -,
name of the Dalton and Lark Mining
company.
Alvin F. Rohrer, from August 1, 1890.
>duly contributed his proportion of the
expenses of development until March,
1892, at which time the work was sus-
pended at the instance of the defend
ants because of their inability to con-
tribute their pro rata Of the expense
Spt further development work for a
Alvin F. Rohrer at that time |,
W1nt to California. and thereafter the
defendants, secretly and purposely,
keeping the knowledge of their action j
from Alvin T. RohreT, recommended
development work and carried on the /
same as before, in the firm name, and ]
soon discovered large and valuable L
bodies of ore. l.
1t is alleged that the defendants. on
the resumption of development
work made secret investigations )
in he interest Of all the associ-
ates in the enterprise and dis
covered that the ore bodies extended
into the Dump mining claim and that
the said defendants neglected disc cs- .
ing that they had resumed work. or
that valuable ere had been found, or
that while 90 managing said CONNIE n
enterprise they had discovered that !
the dump as we'll as the Dalton and {
Lark claims were Of great value, but z
on the contrary kept said information :
puposely secret from Alvin Z. Rohrer
and that after said discovery the de-
PENDANTS bonded or procured an op- |