The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-11-21
MAY SHUT DOWN THE MINE.
CURIOUS COMPLICATION IN COAL
AND IROS CO. CASE.
Charles ID. Ross Serves Notice On NE
sewer Heekman to Quit Minine
on His NEUTRALITY-SUSPICIOUS. sem
fenced e WaIla WaIia-Noees.

A new complication in the affairs OK the
Seattle Coal d Iron Company mas arse.
in which there appears 10 Dc oansS1 ai, a.
the coal mining business cazfaro on "
the company viii have 70 Dc saspen1so-
az least Tor term
A reti.tau was flied liz the superior court
YESTERDAY by Receiver +. u hickman.
asking the court for instruction as 10 what
course he should pursue relative 10 . saAI
that had been brought against MN III Nie
federal court TO compel him TO yseale
quarter SECTION Of coal lands. through
which II Is necessary for the miners 10
Mass In order TO mine the coal that hes Ia
The land owned By the company. inns
hand which is owned ny Charles ID. Ross,
of New York. is particularly described as
the northwest quarter Of section 50. tow a
ship 81 north. range east w. 3D.
The receiver rec.tes that he has oeen
served with a notice to quit the premises
named and that Mr. Ross has filed suit
TO recover xsis.B for the coal that has al
ready been taken from the land ~ the
Seattle Coal Il Iron Company.
An examination of the papers filed yes
teraay and reference TO the files OF the
case show that a peculiar condition Of at
fairs exists. Ii viii be remembered that
among the charges made against Receiver
J. H. Bryant was one that he had failed
80 acquire by purchase the quarter section
Of land above described. Gen. bryant .
reply was that at the time IL was sought
10 purchase title TO the land was In dis
put and when IL was settled the price was
advanced beyond the sum that had been
offered for the property
Title TO the land was finally vested in MT.
Ross, who is resident of New York.
Soon after this Receiver Bryant entered
into an agreement with Mr. Ross by which
the ccal and iron company was permitted
20 mine coal on the land on payment OF
10 cents per ton royalty. The receiver was
also allowed to pass through the gangway
built through the Ross property 10 the
quarter section lying beyond, and which
Is csantd by the company.
It appears from the suit brought against
Receiver Hickman and from the papers
filed yesterday, that Mr.. Ross has terinin-
ated the agreemnt and has served notice
on Receiver Hickman to quit the premises.
The only way for the receiver or his em-
pioyes 10 get TO the coal lying on the COM
pany's quarter section beyond Is through
II Eangway built through the Ross prop
erty. Receiver Hickman states that IL he
is enioined from using this gangway as a
means of ingress and egress, the business
Of coal mining now carried on by the COM
pany will DE very seriously interfered with,
IL II Will not be stopped altogether.
Receiver Hickman says that his knowi-
edge of the arrangement with Ross Is
gained from a telegram and letter from the
New Yorker to Receiver Bryant. In the
telegram permission Is given to mine the
coal at the stipulated royalty per ton. The
letter that followed the telegram, dated
June II, contains the statement that the
arrangement Is to be understood as being
between Mr.. Ross and Gen. Bryant. and
terninable on ten days notice. The letter
and telegram are signed by Mr.. Ross.
Alfred Battle, attorney for the receiver,
takes the ground that the action by Ross
20 eject Mr.. Hickman Is brought against
the latter as an individual and not as re-
ceiver. In which capacity he. as the success
sor of Receiver Bryant came into possess
sion OF the contract with Mr. Ross.