The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-17
LITIGATION IS
STILL PENDING
Big Equity Suit Against Silver
King Coalition Will
Come to Trial.

The main suit in equity brought by the
Silver King Consolidated against the Silver
King Coalition has not~been dismissed
statements TO the contrary notwithstand-
/ ing The facts of the matter as set forth
by Manager Scion Spiro of the Silver
King Consolidated are as follows:
I'm May of this year the Silver King
Consolidated brought two actions against
! the Silver King Coalition, one in law and
one in equity. The suit in law involves
action for the accounting of ore taken
from the Electric Light. Cumberland and
Ural claims. owned by the Silver King
Consolidated, and involves approximately
$4,000 The suit in equity involves the
accounting for ore alleged to have been
taken from the Custer, Delaware, Andes
and Nesuvius claims of which the. Silver
King Coalition is a co-tenant with the Sill
yer King Consolidated. This suit has not
been dismissed nor has an answer yet been
filed by the Silver King Coalition, and the
action will be tried in the federal court
in its regular turn as shown upon the
docket
After the filing of these two actions.
the Silver King Consolidated applied to
the federal court for an order allowing
their engineers to inspect and investigate
the workings of the Silver King Coali-
ton The affidaVits of the engineers for
both companies were presented to the
court at that time and the Silver King
Coalition, through their attorneys. pre-
scented a map of the ground in question
made and sworn to by MeSSrS. Brooks
and DAILY of the Coalition forces and af-
firmed by Messrs. Keith and Kearns,
which showed that the Coalition company
had extracted ore from two of the claims
in question. the. Andes and the VeSuvius,
and showed how access had been had to
those claims The Coalition company also
acknowledged that they had stopped out
ore from a body which they stated was
20 feet by 200 feet in length and width,
nd UVl1i Law hatx no I NJ
foot levels. This Stope was known as the
Parsons stope."
Drifts Had Caved.
Mr. Spiro states that when they were
given access to the Silver King workings
by order of the court they found the
drifts and upraises leading into the Gus
ter and Delaware claims had been caved
and that it was absolutely impossible to
discover the extent of the workings in
those claims or in the three. claims in
volved in the suit at law which lie be-
yond them to the north and west. The
Silver King Coalition was therefore I'M
able to prepare its case against the Silver
King Coalition in the case at law and did
not oppose the dismissal of the suit at
law which dismissed without preju
dice. and which will be brought again as
soon as the Consolidated is enabled to
force drifts into the territory involved
from its own workings and determine the
extent of the alleged trespass by the Coal
tion.
In speaking of the result of the inves-
tigation of the Consolidated engineers in
the Parsons stope in the Andes and We
suvius claims which is involved in the |
equity action. Mr.. Spiro stated that they |
had found the Slope to be 81 feet wide |
and 240 feet long, but they have not as |
yet determined the height of the ore body |
In spite of the fact that the |
)re has been stopped out and the walls /
robbed of every available ton. the Cop
solidated engineers secured samples the |
results of which will be introduced in |
court which show that supposing the ore
body to have been fifty feet In height
he ore extracted must have yielded from
g, 0O0. 900 to 100000 600 after all charges were
paid The action i'm equity will involve
rot less than 81 100000 and may involve
Is much as S12OO0.OO0 with interest for
,eriod covering approximately seven
ears. The Consolidated is now engaged
n pushing forward its drifts to thor
ughly explore the Coalitions former