The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-10
SILVER KING FILES ANSWER.
All Allegations in McGregor Suit De-
nied-kearns Makes Statement.

The Silver King Mining company,
Thomas kearns and David Keith yeSter-
day filed their answer in the tTespass and
damage suit recently brought by the Mag
nolia-St. Louis Mining company wherein
damages in the amount of 100000 was al
!eBed 70 nave resulted from the mining
by defendants of a vein existing in the
claims of plaintiff company. at Park City.
The answer is rather brief but pointed
one The defendants allese that they
have knowledge or information upon
which to form a belief as to the corpora tie
existence of the plaintiff company and
therefore deny it: admit the existence of
the Silver King company and the aIlega-
Keith are citizens of Utah; deny the own
ership of the St. Louis and Magnolia
same reason that the existence of the
company is denied and then. getting down
TO the meat of the complaint the answer
denies that plaintiff Is now. or that its
predecessors I'm interest ever have been
the owner of all. or any of the ores or
face Of the mining claims described in the
complaint. either of them
Then. after denying in detail all the al
legations respecting the alleged treSpaSs
running of secret drifts. extracting and
selling the ores and applying the proceeds
position as follows:
Defendants further answering said
complaint, allege that all the ores and
minerals ever at any time found or dis
covered in beneath the surface of the
mining claims mentioned and described in
said complaint or either of them, were
and are the property Of and owned by
the defendant above named, Silver King
Mining company. and that said plaintiff
has not now. nor has any Of its prede-
Cessors I'm title or interest ever had any
estate, right title or interest in or to the
ores minerals ever any time found
or discovered in or beneath said mining
claims, any of them
Discussing the action commenced by the
plaintiff company and the answer filed
Thomas kearnS. general manager of the
Silver King company said:
IT was much surprised that Mr.. Nc
GregOr commenced suit at this time and
under the circumstances that he did For
two weeks he and his engineer were en-
tertained at the mine and were allowed
TO enter all workings pertaining to and
I'm his ground. They were permitted to
survey map and measure the workings
having to do with the territory in which
they were interested. He left without
saying a word to anybody or making a
complaint Of any kind and then. during
the absence Of myself and Mr. Keith in
California. rushed into court with allega-
tons both unreasonable and false His
claim. or our differences. might have been
settled out of court had Nv McC1regor
wished II When the time comes we
shall have no trouble in showing that the
ground I'm controversy did not pay the ex-
pense of extraction.
THE Silver King people do not want
anything belonging to Mr.. McCSreEOr. but
they must protect their own interests
Litigation Is unfortunate under any and
Cregor's choice to go into court and force
the King company to fight. the ca Sc must
remain there until finally adjusted. As
manager of the Silver King company and
the benefit Of the other owners that our
company will not have any trouble in es-
tablishing its right to the vein in contro-
verSy.'