Arizona weekly journal-miner., 1898-02-23
ANOTHER MINE IN LITIGATION.
A Peculiar Feature ofit is that LitigAnt' Attorneys and Judge are Scarcely Able 10 Determine the R sIa-
 tfOn Of Ihs Parties To It.

. A Attorneys and Judge are Scarcely Able 10 Determine the R sla- tion Of Ihs Parties 10 it.
 A few days since, before Judge ! Sloan, at Chambers, on a motion to dissolve an injunction, there was an interesting and complicated contro- versy between the Messrs McMurry, EccIes and Hallums, of Springfield, Tennessee, on the one side, and J.. IC. Underwood, of San Diego, Cal, on the other.
 It seems that Underwood had a bond on the Monte Crlsto, and oth- CT mines from their owners, and two thirds of his rights under that bond he agreed to transfer to the Messrs. McMurry and others, they, on their part, agreeing in writing to con- struct a ten-stamp mill near the premises, pay Underwood a bonus and make the payments by Under wood required to be made.
 This agreement the Tennessee people claim to have made upon the representations of Underwood. that for a given sum the mines could be developed, mill constructed and the enterprise become a "going concern.
 The Tennessee people, having ex- pended much more than the amount originally contemplated, and having made prepayment upon the bond, and not being satisfied with the methods pursued and unable to dis cover any economy in the manage ment of the property and exPendi- ture of the money-as they claimed they said to Underwood that, m view of the fact shat he was unwill- ing that they should have a voice ID the management of the property, they felt disinclined to furnish any more money, or go on further with the enterprise.
 Underwood claimed, that, by the terms of the written agreement, the bonus was due him, that money should be furnished for operating mines and mill, and that he be put in the exclusive management there of at a given salary. And the differ ence between the parties eliminated as above, by Underwood taking ex- elusive possession of both the mines and the mill and preventing the other parties from having access to either, whereupon, the Tennessee people, in order to comply with their contract, which requires them to construct this ten stamp mill. asked for an injunction restraining Underwood from interfering with them in the completion thereof. which injunction was issued, and 1t was to dissolve that injunction that the hearing was had before Judge Sloan.
 There were many afidavits filed in the case, and a short hearing be- fore Judge Sloan, and he indicated that, as the Tennessee people were required by their contract to finish the mill, they were entitled to its possession for that purpose, and that Underwood was properly re strained from interfering.
 It also developed, in the discus sion of counsel on both sides, as we'll as from the expressions of the judge himself, that the exact rela- tions of the parties to this property would be difficult of determination.
 The reason that the matter may be specially interesting here IS that there was a promise of live and active camp, developing the re sources of the country and furnish occupation to. miners and laborers generally, and we hope, with promise of reward to its originators. Whereas this is stopped, because of this litigation, and it interests us and the community to the extent of justifying us in indulging the hope that there may be some reasonable adjustment of the differences be- tween the parties possible, and that the enterprise may go on.