The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-11-23
January Company Of Idaho Files
Suit Against Bunker Hill
4 Sullivan.
OVER SEVEN MILLIONS
OF DOLLARS INVOLVED
Interesting Litigation That Will
Attract Wide Attention Has
Been Started.
Special to The Tribune.

Special 10 The Tribune.
SPOKANE. Wash. Nov. 22.-Scve1
million three hundred thousand dollars.
ior ore alleged 10 have been extracted
from the property In dispute, is sought
by the January Mining company in an
action filed IN the district court OF Sho-
shone county at Wallace Idaho. against
the Bunker Hill s. sullivan Mining and
Concentrating company. operating at
Wardner Idaho TO quiet nte TO the Re-
publican fraction lode claim Lawyers
and others familiar with the course or
cases involving such largo amounts pre-
dict that the filing OF papers just made
Is the beginning Of almost endless l.tiga-
ton with ono "f the richest mines IN
the world at stake.
The contentious Of the January COM
pany are get forth in Il lengthy complaint,
which recitcs that the plaintiff is cor
p0Tation organized under the laws Of
oregon. having its principal place Of
business at Portland, The company
claims to De owner of the Republican
trict, to which United States patent has
been issued. In this lode claim. 1t is AL
legged there is q valuable vctn carrying
silver and other metals, the general
course OF the top or apex OF which at the
surface in Republican fraction lode claim
Is casterly and westerly On it's course
easterly end line Of the Republican frac-
ton lode claim, and likewise crosses the
westerly end limo OF the claim
The downward course OF the vein is
passes out OF and extends indefinitely be-
yond Il vertical plane drawn through the
southcrly boundary line. il Is claimed
that this vein is the same as that which
outcrops within the Bunker Hill lode
claim. Stem Windcr. Emma, Last
Chance and Tyler, and which Is generally
known as the Wardner vein or lode. The
January company claims 10 be entitled 10
possession Of all Of the vein throughout
Its entire length, including that part Of
It which extends through the claims
named, 1t Is alleged that tho Bunker
Hill company claims an adverse interest
in and 10 the Republican fraction lode
claim and 10 the vein referred TO, These
claims are said 10 be false aud ground
less. II is further alleged that hereto
fore the exact time being unknown TO the
plaintiff company, the defendant com
pany, by means OF underground works
In Its exclusive possession, penetrated
into that part OF the vein which il claims
To be entitled TO and threatens 10 and
Will, unless restrained, extract and re-
move and convert ore to It's own use, 20
the irreparable injury OF plaintiff COM
pany.
The complaint states that the defend
aut company has. without the consent O!
the Qlaintln company. converted 10 Its
own use a large amount OF ore referred
to. the exact quantity being unknown AZ
this time. The January company claims
that the Bunker Eill company Is so
working within the vein referred 10 as
to destroy evidence OF the value OF the
ore which II has extracted. This object
has been attained by filling UP many of
the vods created with debris and waste.
II is said that Republican fraction claim
became the property Of the Federal Min
ing and Smelling company September l.
1908, and January q, 1907. was trans
fcrred to Frank 7. Post OF Spokane. who
In turn transferred IL to January COM
pany July 10 OF this year 1t is also
said that the right TO recover for ores
S,ry, ,..l . h. Nsstv, h..fn r.s
into possession OF the plaintiff company
has been transferred by the Federal MIN
ing and Smelling company TO plaintiff.
In the second cause OF action Il Is said
that the defendant COMPANY between
November 10. 1905. and January 21. 1907.
has extracted ore from the vein referred
70 an unknown extent but which plain
TIL company believes TO be In excess OF
$4,000. 900 In the third cause OF action
IL is alleged that defendant companT
has, between January Il. 1907, and July
OF which is unknown, but which is be-
lievcd TO have oeeu In excess OF $1,000.
600. In the fourth cause OF action II IS
since July 10 OF this year extracted ore
to an extent OF more than 100000
The January company petitions that it's
title To the vein referred TO and to the
Republican fraction lode claim be
ouIcteG that defendant company be held
TO account TO plaintiff for the value OF all
mineral bearing rock and ores mined and
removed, lntzl II nave SbCn re!lSI hS may
be meet and according 10 equitp; tnat Il
may have judgment for Sa000,000 on the
second cause of action. that II may have
judgment against the defendant com
pany for $1,000 900 on sts third cause OF
action that II may have judgment
against defendant company FOR 100000
on It's fourth cause OF acuon, and that IL
may recover It's costs and disbursements
In conuection with action.
Two similar suits involving millions OF
dollars are now pending against the Bun
ker Hill & sullivan company at the In
stance of the Federal Mining and Smelt-
ing company.