The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-05
INNING INJUNcEIoNs.
A Colorado. Judge Establishes a New
Precedent.


The United States circuit court of ap-
peaIs will treat mining m alters here
after in Colorado in a very different
manner from that which has been
shown by that judiciary in the past,
SAYS the Denver Post. One of its mem
bers, Judge Thayer, has beerI appointed
to arbitrate all applications for receiv-
ers, ETC., brought from the state.
A precedent was established yeSter-
day, when Judge Thayer, who heard
the arguments on the application for a.
receiver in the Little johnny cases, over.
ruled the motion. The application was
based on the fact that the utmost Sc
crecy had been maintained in the work
ingS of the mine, interests in which the
plaintiffs are seeking to recover, and
that it was impossible to estimate its
value.
In overruling the motion made. Judge
Thayer orders. however, that the de-
PENDANTS, John F. Carnpion and others,
shall file with the court for the inspec-
ton of the compliments, a map show
ing the underground workings in the
Little johnny, and with Is days after
the beginning Of each month shall file
a sworn statement of the amount Of
mineral mined and smelter returns for
the same, these reports to be open for
the inspection of compliments or their
attorneys.
Attorney T. A Green, whose brother,
E. 3. Green, appeared for him in be-
half of the compliments, he being dis
barred considers the decree of the
court a greater victory than the ap-
pointment of a receiver.
I'm regard to the order CT the court
requiring the defendants to furnish
thorough and complete map of the Lit
tie johnny property and a monthly state
ment under oath. vouched for by the
III
benefit to US than the appointment of a
receiver. If the monthly report, under
oath, is not complete, we can apply TO
the court and compel the furnishing of
a complete report. If the order of the
court is not complied with we can apply
to the court and have the defendants
arrested for contempt and imprisoned
until the order is complied with.
1.-THE order made by Judge Thayer is
a very far-reaching one, and it will
protect the compliments fully, as well
if not better than the appointment, be-
cause much would have depended on
the receiver himself, and it would have
required continual watching Of him by
the attorneys of the complainants,
whereas, under the present order, the
defendants are compelled TO furnish
not only a complete map Of the under
ground workings, but returns of what
has been taken out each month, and
are compelled TO mark from what part
of the mine all the ore taken out for
that month has been raised It will
furnish the compliments all of the tes-
timony they will need, showing the
amount of the products of the mine
and relieve the comDlainants from the
great trouble and labor of examining
the book accounts and introducing wit
nesses and searching among the smelt-
ers. Had a receiver been appointed
we would have been compelled to fur
nish our own testimony ourselves.
This decision is evidently intended
by Judge Thayer as a genreal prece-
dent for all, or nearly all, applications
for receivers in regard to mining prop
critics in the state of Colorado, and he
will most likely follow this order in all
future applications of this kind, and
this is, to some extent, a INV departure
in regard 10 the important matter of
appointing receivers for mining prop
critics in the state.
Judge Thayer has been appointed by
the judges of the court of appeals to
hear all applications for receivers and
injunctions in the state Of Colorado.
and it is more than likely that he has
intended this order as a precedent to
be followed by himself hereafter in all
such applications.
1.-THE Little jenny case will be ready
for trial within so days, and the plain
tiffs will proceed Immediately to take
all their testimony, so that the case
can be submitted to the court for a
November term. 1t is expected that
Judge Thayer viii hear the final ar
guments, as he is entirely familiar with
fbe aSe -