The Ketchikan miner., 1908-08-08
IMPORTANT MINING SUIT DE
 CIDED

 favor of the G. NJ. Wakefield Mineral Land Co, ct al. against the Niblack Copper Co.,, and others. rendered on the asnd of July, together with oer- tifiei copy of the findings of fact and conclusions of law handed down hy the court. Suit was commenced by the ,slsintiGrs for the purpose of obtaining Il construction and enforcement of q certain mining lease and contract, ex- .,.,',sed Aug. a4, 1908, with the Nib lack Copper Co. under and by virtue i tns conditions and terms of which sae defendant company agreed to ex- pend $50. 0O the first year of the exls- senee of said lease and slla, 500 year for the four years following in the of the leased property. The defendant company claimed and attempted to exercise the right to take ore out of the leased property, sell the same and to apply the receipts therefrom as expenditures, required under the lease to be made by them. The case was hotly contested, and large amount of testimony taken. mostly by commission, upon the strength of which and arguments of counsel, plaintiffs moved for an inter locutory judgment to determine the issues inyovled. and for reference thereon. whereupon the court reserved it's decision untilthe date named, when it handed down It's findings of facts and conclusions of law. It would require more space than The Miner has at its disposal to enumerate at length the contention of the litigants as set forth in the pleadings. but the facts. as de- duced by the court from the evidence. may be very accurately inferred from shs courts reference thereto in rem dering its conclusions of law, which are as follows:
 1. That the plaintiffs at the time of making said lease had sufficient claim and title to the premises and rights demised to place the defendants in possession and enable it to form the agreements, terms and conditions of the lease in all respects, and that the defendant Nibiack Copper Com pany was not prevented from doing assessment work or development work on any or either of the claims by req son of the fact that the plaintiffs had not obtained patents to all the claims described, and that the failure of the plaintiffs to obtain patents was due to the fact that the defendant failed to do the precedent assessment work re- Quired by the terms of the lease, and that the plaintiffs are entitled to a decree restraining the defendant. Nib- lack Copper Company and it's agents, servants and employees from claiming any right, title or interest in the de- missed premises or rights adverse to these plaintiffs
 ?. That the acts of the defendant corporation in making and posting the notices described in Finding of Fact : were wrongful as against these plaintiffs, and in violation of the de- fendsnt corporations duty under the said lease. and the plaintiffs are en- titled to decree directing the Nib lack Copper Company and B. B. Med ing. its General Manager, to sign. set over and transfer all it's and all his right. title or interest in and to the mining lode claim and rights to use water referred to in said Finding :, which were filed or located upon in the name of B. B. Nieding, and en- titled to decree enioining and re- straining the defendant corporation. either itself or through any of it's agents or servants from claiming any title under the said water rights loca- tion and the said mining lode locs- tion. and that they be perpetuaIly en- joined and restrained from fling loca- tion notices or claims on any of the lands or property described in the said lease. either by itself or through any of it's agents or servants.
 ,. That the failure of the defen- dant. Niblack Copper Company. to do the assessment work on the Apex. Alpine, Gray Horse, White Horse, Mary and George mining lode claims, and it's failure to do the work neces- sary on the three water powers referr- ed to in said lease. was wrongful and in violation of it's duty under the said lease.
 1. That the failure of the Niblack Copper Company to transmit or deliv- CT any statement for the year ending Aug. 24th, 1901 and its rendition of the incorrect statements, as found in fnding 3. were in violation of the terms Of said lease, and the plaintiffs are entitled to decree restraining and epjoining the Siblack Copper Company from continuing to render incorrect statements, and that the plaintiffs, c. NJ. Wakefield Mineral Land Company and 4. P. Swineford are entitled to recover from the de- fendant corporation in this action whatever share of profit it owes for