Arizona weekly journal-miner., 1902-12-24
COBRE GRANDE LITIGATION
The New Suit Filed in MaricOpa County by HalenbOrg And Addicks Against the Greene COnSOli=
 dated Copper Company.
Allegation That Title Canana Mines Has Never Been Audcaed
 Asks for Settlement of Question of Title.

mines, the time for the performance
 of the covenant to pay the installment
 of the purchase price was suspended
 until possession of the mines was re-
 stored. They also claimed that by
 taking possession of the mines Greene
 had unwarrantably injured the fi-
 nances and credit of the Cobre Grande
 Copper company and could not there fore take advantage by his own wrong
 of forfeiture for non-payment of a
 sum of money, the payment of which
 had been to a greater or less extent ! prevented by his own act, and on this
 ground brought an action in equity to
 enjoin Greene from getting possession
 of the deeds of the proprety, which
 had been deposited with the Phenix
 National Bank pending the compile
 tion of the payments OF the property.
 This new complaint alleges that the
 controversy so raised has never been
 adjudicated. The suit begun in l 1899 was brought before Judge Street,
 who at first granted an injunction re-
 straining the delivery of the deeds,
 and afterwards there was final hear ing before him upon the merits Be-
 fore any decision was rendered by him
 however Greene bought up the control
 of the Cobre Grande Copper company,
 and by means of certain consider
 ations paid to the officers and attor-
 neys of the company, which included
 a payment of $50, 900 to D. B. Gage,
 the president of the company, and
 $50, 900 to the attorneys for the com
 pany and the surrender to J. H. Cos
 tello, one of the directors, of his note held by the company for S23, 900,
 he procured the resignation of the old board and the appointment of himself and some of his attorneys and agents as directors of the company. After Greene had in this manner got control of both sides of the contro- versy judgment was entered dismiss ing the suit. But it is claimed that under rules of law this judgment is entirely void, because there were no real cOntending parties before the court, nor any real controversy be- tween them as both sides were con- trolled by the same hand. Judge Street signed the judgment disimss- ing the complaint without rendering any opinion, and although it was re- cited in the judgment that it had been rendered after full consideration, yet it is claimed that this has no weight in view of the fact that one party represented both sides of the It will be recollected that charges were preferred against Judge Street, founded in part on his action in the signing of this judg ment, which was claimed to be frau dulent and collusive, and that after hearing he was not reappointed and that Judge Kent was sent out in his place.
 This present complaint asks that the judgment signed by Judge Street should be set aside as fraudulent and collusive, that the entire controversy should be reopened and heard upon the merits and that the Cobre Grande Copper company should be restored to possessioun of the mines and that the Greene Consolidated Copper company should account to it for the ores taken therefrom since the Greene company has been in possession and that the full rights of the parties in he controversy shall be adjudicated. This complaint, therefore makes the whole controversy turn upon a few clearly understood points.
 First-Whether where contract for he sale of mine is made with pro- 7ision for possession and mining, the eller can oust the purchaser from possession and then forfeit his contract he does not make a payment ,n the appointed day. In this ques- ion every miner in AriZna is inter ,sted. It is safe to say that every mining man supposes that covenants O pay on a fixed day and covenants or possession are mutual and depend mt, and that he cannot be busted rom the property and refused the fight to work the mine and then have he money he has paid and the devel- 'pments he has put upon the property for failure to pay on the day ixed.
 Second.-As to whether when you re engaged in controversy with cor 'OratiOn, you can end the suit and laim a decision upon the merits by ,uying up the majority of the stock f the corporation, inducing the di- ectoSs to resign and putting yourself n their place, and then, when you ave got control of both sides of the controversy, get some judge to sign a judgment disimssing the action and hereafter prevent the matter ever be- ng overhauled by the minority stock olders who were left out of the deal.
 These are the questions that will one before the court in this suit and ill he thoroughly tested as the case as been prepared with view to talk ng it to the supreme court of the Tnited States if necessary.
 Addicks has five thousand shares of he CObre Grande stock and Hallen- org eight thousand, and is in addi- ion a creditor of the company for 50. 900, so that they have very sub tantial interest in the controversy. 10th of them have a widespread eputation as being active and per istent in asserting before the courts hat they believe to be their rights.