The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-07

Two more Tintic mines have been
brought into court to settle their dis
putes. The Four Aces yesterday filed
an action in the district court at Nephi
against the South Swansea Mining
company, and will undertake 10 deter
mine the question of apex The COM
plant was taken to Nephi by z. o. Lee,
one of the directors of the company,
and Judge Higgins issued temporary
restraining order TO prevent the defend
ant from extracting ore from certain
r1arts of the South Swansea mine until
after the case comes up for a hearing
on the Injunction proceedings on JAN
10 next The Four Aces company has
brought the action TO not only deter
mine its title to the apex of the -Four
Aces vein, but also asks judgment for
s455. 600, for the value of the ore al
legged to have been extracted, also $4,000
as damages for putting in a bulkhead in
a certain drift and preventing the
plaintiff from working that particular
drift. making the total amount for
which Judgment is asked S455,000.
The plaintiff states that it is the
owner of the Four Aces lode patented
mining claim, and also fractional
portion of the Monroe lode patented
mining claim. II alleges that the apex
of the vein is shown on the surface of
the Four Aces mining claim, and that
the said vein dips in a westerly direc-
ton. and in the downward course
passes through the surface side lines
and enters the land adjoining, and
reaches, penetrates and extends into
and underlies those certain mining
claims known as the Monroe and South
Swansea mining claims, included in the
group alleged to be the property of the
South Swansea company. The plain
tiff alleges that since about the year
1896 the defendant has treSpaSSed on the
Four Aces vein, between the end planes
of the Four Aces lode mining claim, and
extracted and removed therefrom and
converted to its own use, large quanti-
ties of rock and earth bearing gold, sill
Ver lead and copper of great value.
The Four Aces officials have every
confidence of winning their case. THE
suit has been in contemplation for more
than two years. said one. I'VE Were
satisfied then that we had apex to the
vein upon which the South Swansea has
been extracting ore. We said nothing,
but went on with our developments. We
followed the vein into South Swansea
territory, and for several months prior
to the time when the workmen employ
ed by the defendant company broke into
our drifts We could hear the miners au
work during each shift. When our drift
was broken into and our men were shut
out by a bulkhead we were satisfied to
commence the action.
1--WE have been denied admission TO
the South Swansea mine, but the Four
Aces company has not been asleep. No
less than three persons have investi-
gated the underground workings of our
neighbor for us. They measured the
dip of the vein, which corresponds to
our own surveys in every particular. ,"
The plaintiff was required to furnish
a bond of $4,000 upon the filing of the
suit. The names of P. ]. Conway and
Z. II. Airs are attached to it. When
the case goes to trial the plaintiff will
be prepared to go ON the witness stand
with formidable array of talent which
is being marshaled by o. A. Palmer, the
well known mining expert. Those at
the South Swansea office had not heard
of the filing of the suit until so in
formed by a Herald man late in the af.
ternoon. Director l.. z. Ritter and Sec
rotary Farnsworth We're the only Off
Gals in the city. They were unable to
say what kind Of a defense would be
made. but they thought the South
Swansea would eventually come out of
the affray without any disfigurements.
The attorneys who will represent the
Four Aces side in the fight are Booth,
Lee & Richie and Dickson, Ellis &
Ellis