The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-22

Chief Justice Merritt was yesterday oc
cupied with the hearing upon order for
David Keith and Thomas Kearns, TO show
cause why they should not be punished
for contempt OF court for failing to obey
an order of the court commanding them,
as president and Vice-president of the
Silver King Mining company, to allow
certain surveyors on behalf of the PLAIN
tiff in the suit of Michael Shaughnessy
vs.. the Silver King Mining company, 10
make survey of the underground work
ings of the Silver King for the purpose
OF determining the boundaries of the May
flower mine, as regards the Silver King,
Mr.. Shaughnessy having alleged that the
Silver KING had encroached upon the
Maytlower and extracted therefrom $780,
coo worth of ore.
The plaintiff complained and alleged
that the defendants had refused to allow
his surveyors to survey on the 800 and
LOO foot Levels and that it was necessary
for those levels to he surveyed in order
to properly determine the boundaries be-
tween the two properties.
The defendants urged that the survey
ing work could be done equally as well
without going onto the levels in question
and thai under the order of the court
they were not required to allow the sur
veyors to so into that portion of the
mine.
They also say that no point of the tun-
mel on the 900 and !, 100 foot levels reaches
property, also that to make the survey
as plaintiff desired would stop $50 men
from working for Two days at cost OF
$4,000 per day.
1t was further contended by the defend
ants that Charles L Stephenson and
James W. MoIat, two of the surveyors,
are interested jim the Alliance Mining
company and that the Alliance threatens
TO bring suit against the Silver King for
trespass and that it is for the purpose
OF gaining information in that behalf
for the Alliance company that the sur
VeyorS want to survey the 900 and ], 100
foot levels of the Silver King and that
such surveys would be of no service in
the present action and as a result of
what has been done already the Alliance
has changed the direction OF some OF
its workings.
Messrs. Gorlinski, w A Wilson and ].
W. Motfatt, of the surveying party, were
examined for the plaintiff and c. p
Brooks for the defendants and from their
testimony il appeared that the necessary
surveying might have been done without
going onto the 800 and LOO foot Levels,
but al a greater cost and greater labor.
1t also appeared that the defendants had
not prohibited the surveyors from going
onto the levels in dispute, but had re-
fused TO allow them to take men with
them to remove debris and material, but
had not hindered the surveyors from
moving the debris themselves if they
cared TO.
The arguments were made by Attorney
W. H. Dickson for the defendants and
by Attorneys c. s. Narian and Mckay
for the plaintiff.
Varian, in his argument, said that it
had been established by the survey as
so far made that the Silver King had
on several of the other levels encroach-
ed upon the Mayfower property and il
was therefore not unlikely that a similar
trespass had been committed on the 90-
and LOO foot levels. He denied in toto
that any of the party of surveyors had
any interest in the Alliance as engineers
or otherwise and stated that the survey
was not demanded for any Interior reason
but for the purposes of the present suit
only.
At O'Clock court adjourned and fur.
| Their hearing of the case went over unt!
Friday morning when Colonel Ellis will
make the closing arguments for the de
/ PENDANTS and submit the case.
The hearing of the Marion VS.. Geyse!
suit will be resumed this morning.