The Oskaloosa herald., 1908-12-03
.INIHE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

/ - f1OH. byfOu w. GESSIOHg JuuSe Vi lIit
district court, yesterday ordered 6
temporary writ of Injunction ISSUED
as prayed in the action brought Wy U
| G. Deck and wife and Harry E. Deck
VS. w. T. Phillips, Ike Davis and the
Beacon Coal & Mining Co. U. G. Decl
and Harry f. Deck are members of a
partnership which entered into an
agreement for the incorporation of
the Beacon Coal & Mining Co. and in
which they were to become stockhold-
ers. U. G.. Deck and wife are owners
of certain described property, the coal
under which was leased TO the Beacon
Coal & Mining Co. The Mining Co.
was incorporated and, as per the terms
of the coal lease, entered upon the
Deck land and opened mine and have
since been engaged in mining coal
from the said land The plaintiffs in
this case now alleges chat the defend,
andts, w. T. Phillips and Ike Davis
have assumed full charge of the oper-
alton of said mine; that they have re-
/ fused to consult or advise with the
| plaintiffs, U. G. Deck and Harry E.
Deck, who are partners and under the
| agreement were to become stockhold-
ars in the corporation when organized
that said defendants are occupying
land not covered by said coal lease and
are constantly committing trespass on
| the land of Cora l.. Mewhinney with
out her knowledge and consent and
that for such unlawful acts this CO.
partnership and the individual part.
| ners would be personally liable" 1t
have not complied with the terms of
the articles of Incorporation nor with
the terms of the coal lease; that they
have refused and neglected to make
| the payments provided by the lease
| and have refused to make statements
| of the amount of coal mined from the
land; that they have refused to issue
stock to the plaintiffs in compliance
with the agreement and refuse to al.
low the plaintiffs o examine the books
of the corporation.
The plaintiffs ask that a receiver
! may be appointed to take charge OF
the property of the corporation or
partnership and that an accounting be
had between all of the parties and that
the partnership be dissolved and the
lease cancelled. The temporary in
! FUNSTON which was issued restraints
| the defendants from further mining
coal from the Deck property and from
| injuring said property and from dis
| posing or in any manner interfering
with the property of the partnership
| or corporation and from making any
| debts or expenditures binding upon
| the corporation except to keep the
mine dry and preserve it from injury.
| The plaintiffs ask that upon final hear
| ing the injunction be made permanent.
Hon. W. G. Clements, judge of the
Sixth district, arrived IN the city to-
day from his home at Newton and
convened the December term of the
Mahaska county district court this af
ternon. reliminary business will
occupy the time today and the first
regular call of the docket will be
made tomorrow. The grand jury will
be impanelled tomorrow afternoon.
The appointments for officers of the
court to serve during the term have
been made as follows by Sheriff Ed
Valentine: Ed Sparks, court bailiff;
Joe Fisher, jury bailiff, and Jim Hiatt
grand jury bailiff.
Judge Clements of Newton started
| the December term OF the district
court off with rush Tuesday after
noon. He was late in arriving in the
city and did not convene court until
after three o'clock, but during the next
couple of hours dispatched a consider
able amount of business. The large
amount of non-jury business on the
docket will necessitate the postpone
ment of the jury assignment one week,
and an order will probably be made to-
day excusing the members of the petit
jury panel until Monday, Dec. IA, at
! 1870 p. M.
Injunction Granted.
| Judge Clements granted a temporary
writ of injunction to be issued Tues
day afternoon in the case of ]. D.
IBroyleS VS.. J. w. Shelby, which had