The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-10-27
BIG MINING SUIT.

One of the most important mining
cases in the history of the state. that
of the National Mining Company of
Nevada against F. w. and George E.
Stall, involving the right to operate
the famous Combination lease at Ma
ton and the ownership of thousands
of dollars worth of high-grade gold
ore already mined, is now before the
District Court, at Winnemucca, Judge
Orr presiding.
There is an imposing array of coun-
sci in the case. The plaintiff is repre-.
scented by Judge S. L. Downer Of Reno,
L. G. Campbell of Lovelock and Judge
w. S. Bonnifeld of Winnemucca, the
defendants attorneys being Judge w.
A. Massey and c. L. HARDWOOD of Reno.
Saturdays session was occupied en-
tirely with the reading of the papers
in the case and the argument OF Judge
Downer and Judge Massey on the legal
points involved, says the Humboldt
Star, the contention OF the defendants
being that the injunction restraining
them from the operation of the Com
bination lease should be dissolved for
numerous reasons set forth in the
answer to the complaint. One of the
points made in the defendants answer
was that the injunction was issued one
day priod to the filing of the complain
and the other papers in the case in the
district court in Winnemucca and the
point was also raised that the affidavit
which was the basis for the issuance
of the injunction was misleading and
that important facts which were with
in the atlantis knowledge were with
held.
The defendants answer set forth the
entire history of the Combination
lease, which was originally granted for
one year from June 20, 1908, by the dis
coverer of National, j. L. Workman.
The allegation is made in the answer
that some time last December, The
lease not having proved profitable, the
defendants gave notice .Aat they in
tended to abandon 1t unless a reason
able tim was given them and that they
were requested to remain at work by
S. w. Gundaker, manager of the COM
pany owning the property, and did so
upon his promise that an extension Of
the time of the lease would be given
them. This extension, for the period of
fifteen months, was subsequently CIV
en- by the board of directors of the
company, which action was ratified by
a large majority stock interest in the
company.
The contention of the defendants is
fthat they were operating the lease at
the time the injunction was issued I'M
der this extension of their original
lease and upon their showing of being
in lawful possession they ask that the
injunction be dissolved.
The contention of the plaintiff is
that the defendants have no right to
work the ground known as the Com
bination lease for the reason that they
rave been in unlawful possession of it
since June goth last and that the ex-
tension Of the leas was illegal.
1t is possible that the present pro-
ceedlngs, to determine whether or not
the injunction is to continue, will be
brought to an end and a decision one
way or the other some this week, but
the main issue, involving the owner-
ship of the lease, may not come up at
this hearing, with the outcome that
it will be a hard-fought legal battle
that will be taken to the highest court
for final decision.
The Importance of this suit arises
from the great value of the ground
covered by the Combination lease,
which the defendants allege in their
answer is at the present time capable
of a production of $4,000 worth of
ore a day. making it undoubtedly the
richest gold mine in the world.