Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1900-08-25
Defendants in Whalen Suit
Appear and Resist the
Motion.
WHAT Is IT ALL ABOUT. ANYWAY
Sensational Report of the Com
mittee and Mr.. Whalen's
Counter Charges.

Aho Choo VI VIM Wueiou o. As w.
Thos. @. Stephens ct a.. praying for
the appointment Of . receiver for the
Whslen Consolidated Copper Mining
Company, came up before Judge Fts-
gerald On Wednesday, Attorney Geo.
s. Brown Of Elko appearing for the
plaintiffs.
Contrary to expectation the defense
was represented, Peter Breen. ESQ.,,
appearing for H. L. Muma, the pres
emit manager Of the compsny's prop
erty, who was also present.
Mr.. Brown devoted about an hour
to the reading Of the lengthy COM
plant, and ct It's conclusion Mr..
Breen arose to address the Court. In
reply TO an inquiry from plaintiffs
counsel ~ TO whom he represented
Mr.. Breen replied that he appeared
for Mr.. Muma. one Of the defendants.
and also for the company. Mr..
Brown disputed his right 10 appear
for the company, on the ground that
ct the present time the corporation
had no officers other than Mr.. Wha-
len, the president, secretary and
treasurer having resigned some time
ago, and the parties who ct present
assume to perform the duties Of
those offices had never been elected
by the stockholders, and consequent
ly they had no authority to act for
the company. He also denied Mr..
Muma's right to appear ~ the COM
pany's superintendent, claiming that
his appointment TO that position by
the present officers was void.
Mr.. Breen, however, asked for
thirty days time In which to pre-
pare afidsyits in resistance Of the
motion for the appointment Of . re-
%ceiver, and the Court finally granted
the request. The case will therefore
come up for hearing September %,
and unless il is taken up and dis
posed of by the Illinois Court pre-
vious to that date there promises to
be some interesting developments
when the case again comes up before
Judge Fitzgerald.
The controversy has, to say the
least, developed q very peculiar state
Of affairs. The plaintiffs aver that
the mines ire of great value, to wit:
more than 81, 900, while the de-
PENDANTS contend that they are en-
tirely worthless. II the latter version
is correct it is difficult to understand
why there should be such Q vigorous
fight for the possession Of the prop
erty. While they contend that there
is absolutely no ore in the mines Il
is a fact that Mr.. Mums, their rep
re~sentative, has three gangs Of men
at work in Different parts Of the prop
erty, and Sheriff Burdick asserts that
when he went to Alpha TO serve the
papers in this suit they were oil work.
ing Gin ore."
Another peculiar circumstance 10
that neither the experts Bray and
Hoytema nor any n else had
reached a point below the 2OO-foot
level since Mr.. Whalen was sent to
prison several years ago. 1t 10 now
claimed. however, that Mr.. Muma
has gone down nearly to the bottom
Of the shaft. but was finally driven
out by foul air.
Evidence will be presented also, It
is promised, at the hearing Of the
case to show that within . few weeks
past VIM. Leighton went 10 Mr..
Muma and asked him II he would
take 81, 500, the amount be invested in
the stock. for his interest. and the lat
ter had said: ono; 10000 ID the
least I will take"
II would seem to be . very easy
matter to arrive at almost the exact
value Of the property, II both sides
would agree 10 appoint competent ex-
perts and let them 60 together into the
mine, but they seem to prefer TO fight
IL out and expend large sums Of
money in lawsuits which, when oil ID
over, will still leave the value Of the
property ss much . mystery - when
they first agreed TO disagree. How
ever, II il their quarrel and they must
settle Il in their own way.
Il 10 to be hoped that MI. Whaler
will be able to show that he il coEreo|
in his statement Of the case. and wher
he begins 10 pay dividends to hi
stockholders he will be given the credit
which will be his due.
In August. 1898, IL appears, . oil
max was reached in the affairs Of ths
Whalen Consolidated Copper Minini
Company when the following repos
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