Amador ledger., 1909-12-03
Big Mining Suit
Kennedy Extension VS.. Argonaut
100000 DAMAGES ASKED

years was started t1lS week Dy lHS NeH-
nedy Extension Mining Company against
the Argonaut Mining Company The
complaint was filed December /, and
asks for damages for trespass upon the
mining ground of plaintiff to the tune Of
$780, 900. The Kennedy Extension is a
recently formed corporation, operating
what is know as the Muldoon mine. A
shaft was sunk on this property to the
depth of 800 feet some ten or twelve
years ago, and work was then abandoned.
The mine remained idle until about
year ago, when the present corporation
assumed control, and started work to
clean out the shaft, The shaft has been
cleaned to its entire depth, and some
drifting and prosecuting has been done,
but of course the developments have not
reached to any portion of the ground
alleged in the complaint upon which the
Argonaut is claimed to have trespassed,
the points of alleged trespass being ia"
below the deepest working Of the Null
doom claim.
1t is said that Messrs Perry and
Hulme, who are largely interested in the
operations of the Kennedy Extension,
are stockholders in the Argonaut, and as
such have on several occasions secured
access to the underground workings of
the Argonaut.
We give herewith a synopsis of the
complaint filed in the superior court late
| Wednesday afternoon:
The complaint sets forth that the
plaintiff, or its predecessors in interest,
are the owners of the Muldoon quartz
mine in 20 Gil, the northern portion OF
the Jackson quartz mine, and a portion
of placer mine; that within the north
and south end lines of the lode known
as the Mudoon lode mine, said lode
dips easterly on its descent into the
earth and carries gold and silver bearing
ore that from the point designated as
point on the lode line of the Jackson
quartz mine and the point designated as
the north end thereof there extends the
outcrop of lode known as the Jackson
lode" carrying gold bearing ore in its
dip to the east in its descent into the
earth; that plaintiff have been in peace
able possession of the Jackson lode
since November, 2 1865 and of the
Muldoon lode since January /, 1886;
that the defendant company is in pos
session of piece Of non-mineral land
claimed by it as a mill site and known as
the Pioneer mill site an Immediately
north of the Mudoon quartz mine; that
the defendant company commenced to
sink shaft in 1893, within the Pioneer
mill site which had an easterly dip, and
is now 3l50 feet in depth; that mining
operations have been maintained ever
since in and about said shaft, and
particularly at the 2760, 2880, 5000 and
1920 foot levels; that long levels have
been run within the boundaries of the
land owned by plaintiff that cross cuts,
upraises and slopes have been made for
the purpose of extracting gold bearing
ore from a vein within said surface
boundaries and for distance of about
800 feet at right angles south from said
shaft.
Plaintiff is informed and alleges
on information and belief that said
shaft so sunk was through unproductive
country rock without following any
vein or mineral deposit, and neither
were any of the levels, slopes, cross
cuts or any underground work con-
structed or sunk upon any vein, lode or
mineral deposit having its apex within
the exterior boundaries of any ground
claimed by defendant; that said de-
fendant through such underground work
ings entered the said mining land OF
plaintiff and crossed course No. II"
on the surface, fer distance OF about
600 feet southerly from such course.
Plaintiff is informed and believes,
and alleges that by means of such shaft
and underground works defendant has
wrongfully, fraudulenty and secretly,
and without license, knowledge or con-
sent of plaintiff, continuously during
three years last past, entered upon,
broken into said lands of plaintiff and
milled, worked and extracted ore from
bodies and veins of ore lying within
vertical planes passed throuh the eX
terror boundaries of plaintiffs lands and
is now so working and extracting ores
from said lands, and unless restrained
by this court will continue to extract
therefrom large quantities of gold and
other mineral bearing quartz and unless