The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-09
Details of Grievance Against NAM
moth Company.
THE DIVIDEND IS PASSED
DIRECTORS MEETING HELD IN
PROVO YESTERDAY.
Decision Reached to Fight to Finish
Utah Mine at Fish Springs
Probably VIII Be Sold-April
Fool Dividend of SIS, oOo-Silver
Queen Strike.

The suit of the Grand Central Mining
company against the Mammoth Mining
company will be fled il the district
court at Nephi today. AT least that is
the plan laid out by the attorneys for
the plaintiffs. Dickson, Ellis & Ellis,
/ Brown & Henderson.
The complaint, which was seen by a
Herald representative yesterday, is a
voluminous affair, and covers about
dozen typewriter pages. In the COM
rlaiat the plaintiff states that it is the
owner of the Silveropolis patented min
ing claim, which lies alongside and ad-
Joins the Golden King mining claim,
owned by the defendant company on
the west, in which it alleges there is
lode of rock in place bearing gold, sill
yer, lead, copper and other metals. The
complaint states further that the de-
PENDANT company is also the owner OF
the Bradley mining claim, and goes on
to allege that within the past twelve
months the defendant has, in working
beneath the surface on the Golden
King and Bradley claims, without the
consent of the plaintiff, and against the
protest of the plaintiff, unlawfully and
wilfully driven drifts, tunnels, cross
cuts and other underground openings
across the westerly side lines OF the
claims mentioned as belonging to the
Mammoth company, and into and be-
meath the surface OF the Silveropolis
claim belonging to the plaintiff The
plaintiff alleges further that the de-
PENDANT has mined and extracted a
large amount of ore from the Silver
opUlis claim, which. it is informed and
believes, exceeds 600 tons. The value
CT the ore alleged to have been ex-
tracted is placed at a value of $50 a
ton. or an aggregate of 100000, for
which amount the plaintiff asks judg-
ment, together with costs and such fur
Their relief as justice requires in the
premises
AS a second cause of action, the plain
tiff alleges that the defendant threat
ems to keep right on mining and eX-
tracing ore from the Silveropolis claim
and converting the proceeds therefrom
to its own benefit unless restrained
and enjoined by the order of the court.
For this cause of action the plaintiff
asks Judgment and a decree of the
court restraining ana enjoining the de-
PENDANT or its manager, agents or en-
ployees, from entering upon the said
Siiveropolis claim for the purpose of
mining, extracting or removing any ore
or other material whatever on or be-
meath the surface of the said claim,
pending the trial of the case and upon
the final determination TO be perpetu-
ally enjoined from so doing.
Sam Mcintyre was in Tintic yester-
day. where he is engaged in getting out
shipments of ore which will be applied
towards paying the next dividend,
which is promised at the meeting of
the directors to be held on the Goth inst.
He, of course, could not be seen, but
others closely associated with the di-
rection of Mammoth affairs were seen
during the day. None of them denied
that the drifts mentioned in the COM
plant had been run, and they seemed
TO make it no secret that ore had been
taken out of the Silveropolis claim.
William Mcintyre, who had the man.
agement of the mine up to a few
months ago, when he sold out his in
terests to his brother, Sam, said it was
true that he had found ore over there
about a year ago, and he took it out
and sold it. The vein, SO a Mammoth
stakeholder said, crops out on the sur
face and inclines toward the Silver
-erolis claim. He says it can be traced
all the way down from the surface, and
when il crosses over the side lines of
the Siiveropolis it is at 81 depth of
about 600 feet from the surface. At
this point is what is known as the old
Betsy stope Some very rich ore was
taken out of ii, from which the Mann
moth, IL is said. realized many thou
sands of dollars The rich ore didn't
stop at the side lines, and William Nc
Intyre did not hesitate to elevate 1T to
the surface There is no doubt that
when the case comes to trial the
Mammoth management will undertake
to show that the Mammoth company
had a perfect right to the ere over the
lines under the apex laws. The Mann
moth locations are among the Oldest
in the Tintic district, so the officials
claim they can establish their right to
the apex under those locations. The
Mammoth company received the second
patents issued TO the Tintic district.
The Ajax received the first.
Service viii probably be made upon
Sam Mcintyre today, if he can be
found at Mammoth.
1t WAS currently rumored yesterday
that the Grand Central tried to avert
the trouble by buying the Mammoth.
1t is claimed that the Grand Central
offered to pay $3.50 a share for the
stcck, but Sam Mcintyre wanted over
81 for it, This rumor was denied by a.
Mammoth official, however.
The directors of the Grand Central
held a meeting in Provo yesterday.
Official action was taken relative to the
pending salt, and @ resolution was
passed deciding TO proceed with it at
once.
The September dividend was passed,
and for the first time in year Grand
Central stockholders viii not receive
@1,.