Bisbee daily review., 1908-05-15
SUIT Is FLED
 AGAINST HE .
 SHANNON C0.
Marin Costello Seeks lniunc-a ton Alleging That His Prop critics in Gleason District Are Not Properly Handled.

Sait Was filed in the district court st Tombstone on Wednesday after neon by Martin Costello through his sttorDeys, James Reiilg and Ben Goodrich. fos- an injunction and dam ages GsaiRst the Shannon Copper Company. The cShaPia:nt alleges that in May, 1905, the plaintiff began suit against tae Copper Belle Mining Company to foreclose two mortgages, one for the sum q $t5,100 and one for the sum Of S53 .006 with interest. costs. etc, oa the mining claims and improvements of the company located ia the Gleason mining district. That at ths time said suit was commenced. the principal sum of the notes SC cured by the second mortgage aad hot nor had any part thereof become due 'fhat on the i2th of January, l9o1 Judgme Rt vas obtained in the district court oa tue first mortgage for the sun Of $sl .360.39 and that the Cop per Belle Company appealed tne case to tss supreme court and it Is stin pending
 That whIle said suit was still pending iu September. 1906. the Copper Belle Company leased the property under mortgage to the Shan non Copper Company with the priyi- iege oi working and shipping orc" from the properties. That since the signing of the lease the Shannon company has taken out of the Charleston mining claim about 3o0, coo tons of ore and is at the pres ent time shipping in the EeighboaN hood of iG0 tons per day. That the company in taking out this ore ts uot doing so in a workrnanlfke mau- her and has failed to comply with the terms of the lease which re quired it to do the annual assess ment on the inexperienced claims and did not do work for the years 1906 and 1907 so that tRe plaintiff in order to protect his interests was compelled to do the work for those years at a cost of S1.sI400 That in working the said Charleston claim the company is making large excavations and is not timbeFing them as should be done and ts getting the mine to such an exnent that the value of the plaintiffs securities las decreased to the extent of s90,000, besides interest costs and attorney fees, and that if the company continues to extract ore from the Charleston claim he will be daHEged to that extent.
 The complaint further alleges that the coIspany on the 24th of April re fused to allow the plaintiff with q surveyor and a practical miner to enter the property. in order that they might see the manner in which the work was being carried on in the pro$erfy
 The prayer of the complaint asks that a restraining order be issued against the defendant to prevent them from taking any ore out of the Charleston claim, which is said to be the only one on which they have done any work, and that an order be issued by the court compelling the company to permit the plaintiff to enter the property in order to make an examination to determine to what extent he has been damaged; for a perpetual injunction enioining and re- straining the defendants from extract ing aud carrying away any ore from the said Charleston claim and for damages in the sum of S90.0O0 and such other and further relief as the court may deem proper. An order was issued in the case by Judge Doan citing the Shannon Company to ap- pear in court on the 4th of June to show cause why the injunction should not be granted
 The papers were placed in the hands of Sheriff White for service and will be served on the acting superintendent of the company at Gleason, G. K. Reed. Since the com pany has been leasing the property they. have been shipping the ore to Clifton where if is used as a fiuy to smelt the ores sf the company at that point.
 The outcome of the case will be watched with interest as an interest ing legal fight will result.