The Idaho Springs siftings-news., 1907-11-02
IN THE COURT
Seaton E. l.. II. & P. Co.
EnjOined From Taking
Deed From Escrow and
Judge Appoints Referee
to Take Testimony.

The suit filed in the district court
late last Saturday by the Gem Consoli-
dated Mines company and J. NJ Guffey
and John H. Galley versus the Seaton
Mountain Electric, Light, Heat and
Awer company, w. E. Renshaw. P. B.
~iborg, James G. Berryhill, j. o. A.
Carper, F. L. Siegal, G. c. Stumm,
the Merchants and Miners National
bank, Fred G. Walsen, Frieda NJ Rem
shaw, Mile Chamberlain, Cora w.
Shannon and Emma Walsen, heirs of
Fred Walsen, deceased, to restrain the
defendants from taking deeds to certain
property from escrow, the option on
which expired November /, was heard
on the application for temporary in
junction by Judge Ashbaugh at Cen
trail City on Wednesday.
After hearing arguments of counsel,
the court granted temporary restrain
ing order, and ordered that the
plaintiffs furnish bonds in the sum oi
s15,OO0. The court then appointed
y oulSo IM. ocIlSul, PioiiiIicut dtloi
ney of Central City, as referee, to take
evidence in the case, and report to the
court on or before December /. The
referee will sit in this city beginning
next Monday morning, November 4.
The bill of equity asked for an ac-
counting of the affairs of the Seaton
company and that the defendants be
enjoined from selling the steam and
water, electric light and power plants
and other property.
The escrow agreement held by the
Merchants and Miners National bank
in this city, provided that the property
could be purchased on or before No
yember l, upon the payment of $141,
80 and interest for five years. The
plaintiffs claimed to have expended
$50, 900 in improvements and otherwise
for the benefit of the property. The
bill of equity was rather lengthy
document of 80 pages and wound up by
asking the court to restrain the defen-
dants from taking the deed from es-
crow, selling or encumbering the
property, and that the plaintiffs be
given ample time in which to take up
the option.
The attorneys for the plaintiffs were
Dimes, Whitted & Dimes, of Denver,
and the defendants were represented
by Attorney E. M. Sabin, of this city
and Goudy & Twitchell, of Denver.
The end of the extended litigation
between the stockholders in the Inde-
pendent Mining company and the
Griffith Mountain Mining and Milling
company is in sight and it is now be-
lieved that an amicable and satisfact-
ory adjustment of the differences be-
tween the contending forces will be
made.
On Tuesday James w. Martin, of
Joliet, ILL.,, who owns or controls ma
jority of the stock in the Griffith
Mountain company, and Frank A.
Maxwell, of Georgetown, who holds or
controls majority of the capital
stock of the Independent company
'ered into an agreement, whereby
both companies will hold special
meetings to ratify and authorize the
execution of an option and lease to
Will C. Hood for the term of 1S month.
to the said properties upon the pay
ment of $50, 600 to be paid, $27, ,567.9l
to the Griffith Mountain company, with
interest on IS, 500 at per cent. Octo-
ber 4, 1905, and interest on the bal
ance or residue of said $4,000 to be
paid to the Independent Mining com
pany. If this plan is carried out the
numerous suits now pending in the
courts will be dismissed.
DR.. George Atcheson went Denver
ward Thursday morning on a profess
ional call.
DR.. A. B. McCapes was aboard the
Tuesday morning flyer on his way to
the great city.
McGlenn brothers, of Ault, Colo,
formerly in business in this city. spent
several days here this week.
Manager Geo. E. Collins, Of the
Newhouse, returned to Denver Tues
day morning after visiting the tunnel
for several days.
Mrs. Robt Morrison and children de-
parted Thursday afternoon for their
home after a visit with relatives and
friends in this city.
&ees Gabriel, of Des Moines, Iowa,
and John Gabriel, Of Emporia, kans.,
have aI,onf the mast ten daYS in camp