The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-16

and members Of the Sacramento Min
ing company for two-thirds' interest
in the Sacramento mine, at Mercur,
and it is more than likely that the fill
ing of the suit in Utah courts will have
a depressing influence on the stock of
the company.
According to the complaint filed, Mr.
LaSin had formed a cO-partnership
with Messrs. A. D. Bowley and NJ. ].
Curtis of Sacramento. under the terms
of which mining locations We're to be
made, mines developed and operated,
and the partners were 10 share and
share alike, and attached to the COM
plant is a copy of the alleged agree
mellt, as follows:
ALLEGED AGREEMENT.
''This agreement. made and entered
into this 1st day Of February, 1892, by
and between j. S. Lakin, a. d. BOwley
and NJ. j. Curtis, associating them
selves together for the purpose of To-
eating, developing and operating mines
in the states of California, Nevada and
such other states, territories or mining
districts that may come to their no
Iice.
And it is further agreed between
the said parties and for the purpose
dBQNe HdII6Q, lUll l1leN VIII GdCn LOT
themselves deposit into the general
fund the amount Of $500, to be drawn
UPON for the purpose of paying any
and all of the expenses that shall &C
crue in the location, developing and
operating such mines as may come into
the hands of said Lakin, BoWley and
Curtis.
And it is further agreed that in adj
dition to the general travelling and
there shall also be allowed not less than
500 per month for the time occupied
by any of the above named parties in
the locating, developing and operating
said mines or other business that shall
in any way be connected or agreed to
between the said Lakin. Bowley and
Curtis, and any such bills presented
and found to be correct shall be paid
out OF the general fund, which is or
shall be created for the above-named
purposes.
Witness our hands this LIST day of
February, 1892.
''signed-M. ]. Curtis, A. D. Bowley
and J. 5. Lakin.''
James NJ. Denny of this city is the
attorney for the plaintiffs, and when
seen yesterday by a representative Of
The Herald he made the statement that
he believed that he would be able to
MAKE HIS CASE STICK,
unless Mr.. Lakin was prepared to deny
his own signature.
\ little later MI Lakin was seen and
shown the copy of the alleged agree
ment, as given above, and he was asked
for his side of the story.
y wish to say" said Mr.. Labin,
that this is q Matchmaking scheme
and that there is not a word of truth in
the allegations made, and that 1 never
entered into the agreement, the copy
OF which you have shown me, and there
is no necessity for the stockholders of
the Sacramento company to become
alarmed. as / can beat this thing with
out a particle of doubt. And more. I
can prove that at the time this alleged
contract was dated, that l was sick in
bed and expected to die and that l was
in no condition to contemplate en-
barking in the mining business. l was
under no obligation to these people.
financially or otherwise. although [
considered them as being friends Of
mine.
A long time after ] had located the
Sacramento mine" continued Mr.
Lakin. and after it had become quite
valuable, [ returned to Sacramento and
there renewed my acquaintance with
Messrs Bowley and Curtis, and to-
gether we set out TO look up some cy-
ii was understood that the cyanide
process would treat base gold ores.
We started out to look for mining
properties with the understanding that
we would go in as partners in the en-
terprise, and il may be that we signed
an agreement to that effect. First we
Went TO Meadow Lake district, in Cali
fornia, and then into Nevada, and they
paid nly expenses, but We found moth
ing to suit us and [ then returned to
salt Lake; but further than this l
never had any connection or contract
with these gentlemen, and this suit
that they have just sprung on me. af-
ter a lapse Of I'VE Years, according to
the dates mentioned in the alleged con
tract and the complaint already filed.
is nothing more than
a CASE OF BLACKAIAIL."
is it possible" asked the reporter.
that you did sign an agreement with
these parties when you went to
Meadow Lake and Nevada with these
gentlemen. and that thew have since
altered the dates of the agreement and
set them back to Feb. l, 1892, as is
given in the ALLEGED contract?'
1T is possible replied Mr. Lakin,
'sbut l am not sure that such con-
tract or agre Gent was signed, al
though we hac d verbal agreement
and 1t may have also been written out
and signed, but as TO the time in 1892
when l first came TO Utah for the pur-
pose of accepting a position with the
Mercur company there was no under
standing of any kind between US
Since Mr.. Lakin located the Sacra-
ento ground and il has proved to be
valuable property. two of the former
members of the Mercur company
brought suit for a two-thirds interest
in the property alleging that they were
co-partners with Mr.. Lakin in the
ground, but the
SUIT WAS WITHDRAWN
and the matter satisfactorily com
promised by the payment OF $4,000 by
Mr. La1in to the parties mentioned.
and ever since everything has been
plain sailing, and although Mi Lakin
was in the employ Of the Mercur COM
pany a the time OF making the loca-
zion it is claimed that the time-book
of the 3GeTcur company will show that
on that day he took a day off and that
he also paid the company for his
board FOR that day.
AS far as is known" said a we'll
known business man, in speaking Of
the matter, the California people have
never given legal notice of itheir alleged
association with Mr.. Lakin. in which
case the innocent purchasers of the
company would be protected by law.
and the indications are that the plain