The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-05-27

uff to damages in three times the amount
represented in actual value OF the ore
that might be thus unlawfully mined.
In order that the reader may gain an
intelligent idea of the Importance of these
actions and the location of the ground
involved, il should be stated that the pos
sessions of the Silver King Coalition com
pdny, the defendant, entirely surround
the properties of the plaintiff company,
which reach on the easterly side within
less than 1900 feet of the Silver King
Coalition companys main operating shalt
The five claims involved in the equity
action reach around from the northeast
10 the southwest side of the main group
OF the main group of claims of the plain
TIFF company and in which il is alleged
that defendant has trespassed.
The suit III equity is brought against
the old Silver King Mining company and
the Coalition company as its successor
and sets up that plaintiff owns a one
half interest in the Vesuvius and Andes
patented claims. a three-fourths interest
IN the Delaware, a One-thiTd interest in
the Custer and a three-fOurths interest
in such portions of the Ladies Drum and
May Flower No. / claims as conflict
with the Delaware claims, while the own
ership of the remaining interests in these
claims is admitted as being in the de-
PENDANT companies. As joint owner in
these properties the plaintiff declares that
mining has been carried on for years in
the ground mentioned and that defendant
has never been given its share or any
share in the profits that il alleges have
accrued from operating in this property.
The complaint asks that defendants he
made 10 give a true accounting Of all
the ores that have been mined and that
il be awarded judgment for such profits
as belong to il through its more than
one-half ownership in the property.
To reach the main property of the Sill
yer King Consolidated company the Sill
Yer King Coalition company and its pre-
deeessors in interest would have had to
extend its workings through some of the
claims in which joint ownership is set
up in the equity action. and that is why
the trespass and damage suit has been
brought the allegation being made that
underground workings have been sent out
into this territory.
Knew Suit Was Threatened.
Previous to the filing of these actions
the management Of the Silver King Con.
sOlidated company made application I'd
the officials OF the defendant company
for permission to make underground sur
veys in its mine for the purpose of learn
ing whether some of the things COM
planned of had not been done and while
a reply was received TO the request, it
was not considered favorable. so the aid
of the court was invoked. Within a few
days. Manager Scion SpiTO stated last
evening, he would make formal applica-
ton to the court for permission to enter
the properties OF defendant and, with his
own engineers and surveyors, obtain such
data as would be necessary to protect
his cOmpany's claims for damages. etc.
Following the hot fight that James Nc
GregOr made against the old Silver King
company, previous TO the organization of
the Silver King Coalition company, and
in which McGregOr is said to have re-
covered at least half a million, Colonel
Nicholas Treweek "A few weeks ago
brought suit for an accounting and claim
ing about half a million more, for ore
taken from property in which he and
his close associates claim three-quarter
interest as against the King company
One-quarteT. TreWeek declares ne is out
10 90 the limit in his fight for a show
down, and there now comes the positive
assurance from Manager SpirO of the
Silver King Consolidated that he pro-
poses 10 make the big company walk
right up 10 the counter and settle with
him and his company, firm in the con-
Viction that a gOOdly portion OF the more
than 81 O00,000 that has been paid I'm divi-
dends by the Silver King company and its
successor, the Silver King Coalition COM
pany. has been earned from the mining
of ground involved in these suits.