The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-12-02
{. A. WALL SUES
UTAH COPPER CO.
Plaintiff Ayers Defendant Has
Been Taking Ore From
Amanda Mine.
ASKS FOR AN INJUNCTION
ASSERTS $1,2so,ooo WORTH OF
ORE WAS EXTRACTED.
ASKS FOR AN INJUNCTION

Charging that for the last four years
the Utah Copper company has been dig
ging ore out Of the Amanda mine IN the
West Mountain mining district at Bling
ham. Colonel E. A Wall yesterday filed
suit in the Third district court against
ling manager, for S38lO,OOO, and Tor an III
junction to prohibit the Utah Copper COM
pany from distributing any more divi-
dends until the suit is ended.
It is charged by Colonel Wall that min
ers Of the Utah Copper company have
stopped into the Amanda property, which
adjOins the ground of the Utah Copper
company, and that during the last four
years approximately 2l5,000 tons of gold,
silver and copper ores have been eE-
traCted and kept by defendant. Colonel
Wall places a value OF S. q ton on the
ore which he says has been taken from
his mine. The 2l5000 tons at S. a ton
would bring the total ia Sl,290000, but
Colonel Wall claims three times this
amount under section 1896 of the compiled
laws, 1901 which treble the price against
men or corporations found guilty Of TAX
ing ore from property belonging to 9TH
eTs. This would make the total claim
mount up to S3S70,000.
Colonel Wall sets forth that it would
be impossible to determine accurately the
amount of ore taken from the Amanda
unless his engineers could get into the
underground workings and compel the
Utah Copper company to remove ObStruc-
lions which, he says, block the passages
and hide the amount of Stopping done. Tt
is asserted in the complaint that it was
only recently that il was learned that
defendant had been trespassing on the
property of Colonel Wall.
Colonel Wall says that statements is
sued by the Utah Copper company show
that only 100000 tons Of ore are known
to exist in its ground; that d. c.. Jack
ling, as manager, made a sworn state
ment to the state board of equalization
on February S, 1909 that 1.SS1S1S tons of
ore had been extracted from the mine of
the Ueah Copper company i'm 1903, at a
net profit of 1855 $3.50, or 50 cents a ton
In 1903 Colonel Wall says the Utah Cop
per paid two dividends for the last half
of the year amounting to 1886. $3.50. OF
S39, $685. 40 more than the net earnings of
the company were shown to be.
It is claimed that the Utah Copper
mined 100000 tons Of ore I'm 1909 uD to
September 30 and that the ore ran four
the ore Of the year previous, or a de
crease in the value of the ore of about 50
cents a ton. IF this keeps up Colonel
Wall asserts the mine will be exhausted
before the present suit is finally deter
mined.
Colonel Wall asks that the title to the
Amanda claim be quieted I'm his favor
that the Utah Copper company be or
dered to make an accounting to him for
the amount and value of the ore taken
from his mine and that the Utah Copper
be restrained from paying any more divi-
dends until the settlement of the present
suit. Plaintiff also asks the court for am
order permitting his agents to investigate
the underground workings and to inspect
and survey the property I'm an effort to
discover the amount of ore extracted.