Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-05-10
Order to Show Cause Why Not Is
Given by Judge Marshall
In u. s. Court.
STEP IN CASSIDY ACTION,
Similar 20 Allegations Made Ia silver
King suit Instituted by Scion
Spiro Now ON Hearing

According to the order Of Judge John
A Marshall. of the United States dis
trict court for the district Of Utah. the
owners OF the Silver King Coalition
mine at Park city will appear 20 show
cause why the application OF the at
torneys for Mrs. Charlotte Cassidy.
complainant In the action filed by her
husband. ~, Cassidy Dec T. 1905
charging the Silver King people with
illegally extracting from the Captain
lode, adjoining the property Of the Sill
Yer King mine. ore worth more than
S20o0.000, for an order permitting an
examination OF the captain lode and
adjoining property Of the Kcarns
mine should not be made
James lngebretsen and John a Shell
ton. attorneys for Mrs Cassidy. were
yesterday given leave to- file am amend
cd and supplemental bill Boo the suit
against the company. The action I'M
wolves extraction of ore from the
Captain lode. which adiOins the silver
King property II was original
~ filed by the husband OF
Mrs. Cassidy. the owner OF the
Captain lode claim, but his death hav-
ing occurred I'm the meantime. the suit
is being carried on by his widow, Mrs.
Charlotte Cassidy. A demurrer TO the
first suit was filed by the attorneys FOR
thc defense, which was sustained by
the court Following this the com
plant was amended and filed again
The suit is iu all respects almost
similar to the case Of the silver King
Cons lidatod Mining company against
the Silver King Coalition company
which involves the sum Of s.. O00 900 for
ore alleged to have been wrongfully exc
trscted from the property of the Con-
solidated company by the agents Of the
Coalition company. now being present
ed before Special Examiner D. W.
Christy who was appointed by the
court 20 take testimony in the case
The order by Judge Marshall restraints
the defendant company, pending the
hearing % show cause. from creating
any barriers or doing any act 10 pre-
vent or 10 render unsafe ingrcss and
egress into any and all Of the mine
workings.
Should the application Of the attor-
news for the complainant be granted.
her representatives are 20 be allowed
20 make n complete examination OF
the Captain lode mining claim cor i'm
the direction Of part Of any veins hav-
ing their apicCs within vertical planes
extending downward through tho end
lines Of the Captain lode mining claim.
and upon or within the mining claim
part described IN the complaint, and
therein alleged 10 belong 10 defendant
company, and connect with the under
ground mine workings. to allow the
complainants representative least
four In number-fOr 20 days. and there
after at all reasonable times during
tho pending 90 the suit ingrcss and
egross through any mining shaft or
mine openings by means Of machinery
and appliances OF defendant company.
and that the defendant permit such eX-
animation inspection and survey TO be
made and allowing the complainant. It's
agents and representatives to remove
any barriers. or 10 repair any under
ground mine workings necessary I'm or
der 20 make ingress and egrcss into
said mine workings with safety"