Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-03-21
PAGE SEVEN

into an agreement with him, whereby
Pcasc sold TO Bccmcr all bis intcrrst
in the capital stock Of the Amalgamat-
cd for s2500,00O, Mr.. Bccmcr paying
$4,000 down, and the balance TO be
paid from the earnings of the mill at
the rate Of 10 per cent Of the gross
mill returns. from the time Of the
commencement Of its operation until
the indebtedness was discharged. That
Mr.. Becmcr agreed to push construc.
tion Of the mill with all possible
speed and that IL should have n capa-
city of not less than 500 tons per
day within one year Of the signing
Of the contract
Pcasc further alleges that the com
pany acknowledges receiving eight
mining claims from Bccmcr. which
he sold TO the company for two and
half million dollars, and that the
company agreed 10 guarantee tn
Peasc the balance Of the two and half
millions due him from Bccmcr from
the ores ~ they were worked. the
payments TO bc made on the first day
Of January. April. July, and October
of each year until the debt was paid.
He alleges that Bcemcr and the com
pany both agreed TO conduct opera
tions actively and that the former
would do all the necessary assessment
work on the property, and patent ",
and TO conduct affairs 50 the property
would be worked continuously.
Also, that in ease the company sold
its property in Quartzitc, or more
than half Of Il. or Bccmcr disposed OF
n controlling interest in IL. then Beem-
or was to pay Pcasc the balance due.
Pcnsc further alleges that on Jan.
10. 1905 the contract made ON Jan. \,
1904. was modified 20 give Bccmer to
July. 1905 instead Of January, 1908,
20 begin active operations and that In
ease water was not developed by drill
ing. Pcasc was 10 turn o,er his mill
site on the Colorado ard iccmer was
to construct n pipe line and pump
water To- the property. Pcasc says
there was paid TO him $4,000, and no
more on the sale. and here Is now
due him si5OOoo.
Further, that Bccmcr, in violation of
the contract of Jan. :, 1904, and
amended contract of January, 1905, has
failed 90 romply with either agreement
aud has not erected the mill on time
nor on July =, l905,nor had he erected a
sixty stamp mill. as he agreed in the
second contract. nor has BE- now any
mill on the property, aud that he has
wholly failed 30 develop mn adequate
milling supply Of water, aud has failed
to pay any sum save the $4,000.
, Further, that the company Inns failed
to reduce ore. and failed TO pay Poase
any money, and has failed TO keep is
contract.
Further that Boomer ard the com
pany have failed since May %, 1905
20 do any work under the contracts
but that ON that date both Bcomoi
and the company served notice or
. Pcase that they rcpudiatcd the con
tracts Pcasc also alleges that he ha'
done all his part under the contracts.
He further states that ON March .
1905. he assigned all interest in The
cont ract of Jan. $, 1905. TO the Amcri
can Investment and Mining company
and on March |, 1906, the said com
pany rcassigncd the said interest &
Pcasc, who now has IT, lie alleges
that neither Boomer nor the Amnlgd
mated has paid any money to th'
\ American Investment aud Millinl
n company. and that by these failure
:, he has been damaged 10 the extent o
s2.i5O.000. for which sum he prays 70
~ judgment against 3eemcr aud tb
Amalgamatcd Gold Mines company.
., The attorneys for Mr.. Pcasc ar
u, street and Alexander a. c. Baker. an
:. Christy & Lewis Mr.. Beemcr is r,
M presented by r.. s. Clark and Rob
M,r,taop Dro.aot.