Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-17
DEFINITIONS OF HONESTY.
Silver King Coalition Suit Re-
sponsibIe for SideIights on
Mining Operations.
Story of Raid on Adjacent Property at
Park City Without For1nallty of
Dividing Profits.

Subducd under the stiff dignity of the
United States court and appearing only
as an action in equity where the plain
tiff seeks an accounting, a case, that
were it brought in a lower court might
be entered under a grand larceny
charge, Is now In progress-thc case OF
the Silver. King Consolidated Mining
company Us the Silver King Coalition
Mines company The principals In the
suit in equity are Solon Splro, presi-
dent and general manager of tho
plaintiff company, and Thomas Kearns.
erstwhIls senator, newspaper owner.
and miner. with David Keith as off,
GERS OF the defendant company
Stripped OF legal yerblage the COM
plant, or bill of pleading. alleges that
the two companies own several mining
properties in common. that each have a
half interest. but alleges further that
the Coalition company in a sort of fur
two way slipped down to a 1900 foot
level, and then slipped along a drift
about mile in length and took orc out
OF the jo.ntIy-owned property, but
without the formality of dividing the
profits, The plaintiff company. the
halr-owner with Kearns ct al. thinks
there may have been several million
dollars worth of ore taken out of the
mine without the plaintlff's knowledge.
The substance of the contention In the
suit is that the Silver King Coalition
Mines company. OF which Thomas
kearns Is chief, owns a large amount
OF territory and property at Park City.
known as the Silver King mine. In its
workings it has vertical shaft 800
feet In depth, from which different lev
els run, some of them to a dis
tancc Of more than a mile The neigh
Dor OF this company is the silver King
Consolidated. lying to the north, but
with no shaft so deep or extensive as
the Silver King. Lying between the
territory OF the two companies are
claims which are owned in common by
them. among them being the Vesuvius
and the Andes mining claims.
NJ SPIROS SUSPICIOUS.
In 1905 Mr. solon Spiro. 1t is said, be-
came suspicious that the workings of
the Silver King company had been ex
tended beneath the surface of these
claims, the Vesuvius and Andes. and
owned in common. and on the strength
OF his suspicion brought suit for the
purpose of getting survey and deter
mining the facts. After a battle with
the company headed by Mr.. Kearns.
Mr.. Spiro obtained permission, under
an order OF the court, for his enei-
necrs to enter the workings. and these
engineers found. it is alleged, that the
Silver King. Mr. Kearns, had extended
the 1.300-foot level for distance OF
about mile under the Vesuvius min
Ing claim and had taken out large
body of ore
The court made an order compelling
the Silver King Coalition company to
account for this ore. and the value or
ahe taken ore Is now being determined
under the hearing
According to counsel for the plaintiff,
In .iis words: ut has been already de-
nonstrated that after the ore was
worked out. its referrIng to the Kearns
company assistant manager and fore
man, put in shots of dynamite and blew
down the workings and prevented nc
cess 10 it,"
In attempting to obtain access to the
ground Of the Silver King mines under
an order OF the court. II became neccs-
sary for Mr.. Spiro and his counsel to
Snow the method under which the
kearns- Coalition people had worked
their own ground and their manner of
running long drifts and concealing the
existence of such from persons not in
.neir employ. In presenting such tes-
tinony the plaintiff brought up the old
SdcSregor case" and placed upon the
stand Mr. James McGrcgor. who de-
tailed his experience In bringing suit
against the defendant company for
.respass. The fact of secret bulk
sleau. built under the instruction OF Mr.
hearns was brought out and served.
resuiantly, under the cross examina-
tion OF Mr.. kearns to bring out new
conceptions OF the recognized code OF
ethics and morals.
Whcn Mr.. Kearns was placed on the
stand to defend the charge that he
had taken valuable ore away from his
Ieiiow-owner. he brought with him tine
senatorial dignity. the crude initiation
OF Machiavelli in cunning diplomacy
ana the expert knowledge OF the
shrewd operator in mining properties.
cnder direct examination he admitted
his connection with the various mining
properties and companies and under
cross examination OF Mr.. Howat ad-
mitted that the cloak of honesty may
readily be changed TO nt the con-
ditlons.
MR.. KEARNS' TESTIMONY.
Mr.. Kearns testimony under cross
examination. follows:
Q-Had you at that time informed
Mr. Solon Splro or any officer of the
Silver King Consolidated Mining
company. that the Silver King Min
ing company had been taking orc out
OF the VesuvIus mining claim. which
was owned in common by the Silver
King Mining company and the Silver
King Consolidated Mining company?
A-At what tlme2
Q-At the time you say you voted
as a stoclIholder OF the Silver King
Mining company and as a director of
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