The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-25

1 Ills A1nes-The Courts Findings.
An opinion in which every miner and
prospecsor Is deeply interested was rem
! dered yesterday by Federal Judge c. II.
/ Hanford in the circuit court. II was IN a
/ sui, brought against Thomas Fl. Mallory
! by NJ. A. Cisna and seven other citizens
| OF Spokane for share in the valuable
/ mining claims owned by Mallory in the
/ klendike district. The complainan;s
claimed that they supplied Mallory with
+ the funds used by him IN making the trip
10 the kIondike, and in securing a share
OF the wonderful riches of tha, country.
on the grubstake plin. They demand
division Of the sackful of glistening,
yellow nuggets which Mallory hrough.
down.
Judge Hanford yesterday dismissed the
restraining order that had been issued
against Mallory preventing him from dis
posing Of the nuggets or selling the mines.
The court held that the grUbstake con-
tract in question between the parties
could not be held to have an indefinite
length, as WAS claimed. and that the
showing made by the plaintiffs was not
such as 10 establish their claim 10 par
ticipafe in Mallory's luck.
This suit Is the first that has been
brought in these parts growing out OF
q grubs.ake. Mallory is one of the men
who struck ii rich In the klondIke. His
rise to fortune was sudden and swift, and
Il, can be said that Mallory did no, eviuce
any desire 10 turn his back on his old
friends who had helped him when ne was
poor.
According 10 the complaint. NJ A. Cis-
ia. E. E. Lucas. Ed Rinear. L. c. Wal
Ter. A A Lewis " j. Coodseli Thomas
c. Mccarthy II. c. Thompson and II. n.
MCGUIRE s,aked Mallory for $50 10 go
prospecting for gold In the Methow dis
trict. This was FIVE years ago. They
claimed that he entered into a contract
with them by which he bound himself
10 prosecute the search for the yellow
metal on money supplied by themselves.
the proceeds Of his success to be divided
pro rata among the parties TO the con-
tract, Mallory to take ,hree-twelfths Of
the winnings. They also agreed 20 sup
ply Mallory with money or supplies not
TO exceed 500 per month. and not to ex-
coed IN the aggregate $3.50.
1t was then claimed that after Mallory
had finished IN the Methow district he
went TO the Klondike district and pur-
chased several rich claims and brought
back with him a sack of gold said TO
contain $4,000. The plaintiffs asked the
court 10 compel Mallory 10 divide on the
ratio as agreed upon In their contract
with him. No contract was produced
on the trial, the compliments admitting
that il had been lost or mislaid.
Mallory's defense 10 the bill was that
he had expended, to the best Of his ability
and in entire fulfillmens or his contract
the sums furnished him by the Spokane
men; and that two years after this. ara
after ne had performed all of the con-
ditions Of the grubstake agreement. he
went TO the Kiond,ke on money secured
by his own personal exertions. He de-
nted that the plaintiffs had any vested
right whatsoever in his Klcrdike prop
critics.
The case Is interesting In this that Il
raises the question. How long does a
grubStake contract last no Limitation be-
ing set In the terms OF agreement? In
some respects this was the pivotal pcint
in the suit. and h. court held that the
contract was not 70 be construed as bind
ing the parties for a term longer than
one year. Hence the Injunction was dis
solved.
In deciding the case Judge Hanfori
said II consider that the contract can
not be fairly construed SO as To create
any right in favor OF the plaintiffs 20
property situated IN n distant foreign
country. purchased by Mallory with his
own money more than two years after
the agreement was entered into. Some
Of the comnIainauts say that the partner
ship created by the contract was In
defRite and WAS 10 continue until dis
solved by the consent Of all the parties
The amended bill contains no such aver
ment. The affidavit shows aifirrnatively
that the parties to the contract agreed
70 -ssst&sa the prospecting expedition. ex-
Si.c - ~ cd
I'll tho expenditures should aggregate
sla
'GrgestaSe contracts viii b. enforced
by the courts. bat only as other con-
tracts. That Is to say. II Is not enough
for parties to assert that they have rights
in order 10 secure legal protection hu,
they must be able TO prove in each case
a clear ard definite contract, and by
terms and conditions In compliance there
with. rights have become vested"
The court concludes by holding that
the showing made by the plaintiffs was
insufficient and the application for an
injunction pendnte lite Is denied
Mir Maliory's luck in the Klondgke came
70 him hate in life and after ne had
passed years in the chase fer fortune.
IN the early seventies Mallory was a
pFosqeetor in The Black hairs OF Dakota.
( liz 1Sss be worked az the case IN thu
Daily Advertiser. a paper that saw
brief existence n Portland. Or before
the days 81 the orsgenisn-- Nj MAJ
iofy i known 20 hundreds ef ola-tIrne
miners - the Northwest, and these viii
read II his good fortune with pleasure
Mr. Mallory was enc II the FIRST men
tn tae hlendke He was n Circle C4tv
vixen fhe strike was rnaas With sour
other men be purchased Ne. g FIaorsda
for SiS.@ss They took the purchase price