The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1912-07-19

tIlON Doll SUIT
Fee Owners q the Norman Mine, Lo-
l Gated Near This City, Ask DAM
ages OF Over Million Dollars.

He0 OWA0rB&O OF the NOrMan Mln6, AO.
+: catM Near This City, Ask Dam
ages Of Over Million Dollars.
81 s "A suit was filed In the district
court at Duluth Wednesday 60 recov-
or the sum Of $l,o12,25o and tie
possession Of the Norman mine which
Is located Just east Of: this city. BY
the fee owners Of that. property. The
suit was brought against the Oliver
Iron Mining company, which compa-
ny is charged with having mined the
proposition in a haphazard manner,
causing the wrecking Of the mine, q
heavy toll of human life and the gen
eral acknowledgement of the property.
The fee owners of the Norman
mine are the Leon Iron company, of
which G.. G. Hartley of Duluth is
vice president; the Higgins company,
Of which F. L. Bartlett is vice presi-
dent; the Gilbert Investment compa-
ny, of which Carroll F. Graf is sec
rotary; Clara A.. H. Smith and Frank
Sullivan Smith. -
Attorneys Fryberger & Fulton filed
the million dollar suit with the clerk
Of the district court this morning.
This firm of attorneys will conduct
the case in the courts for the fee
owners and will be assisted by Spen-
Ger & Marshall of Duluth and Park
er, Hatch & Sheehan of New York
City.
The lawsuit follows the recent can
collation. of the lease of the Norman
mine by the fee owners. On February
Is last, notice of cancellation was
| served on the Oliver Iron Mining
company, but as yet the mine has not
been released to the fee owners. In
the action, which is now pending, the
fee owners ask first for a restitution
of the premises, second for $1,012,-
$50 alleged damages to the mine re-
sulting from the ruinous character of
mining the PROPERTY, and third for
the costs.
The Norman mine is located a
short distance from Virginia on the
northeast quarter of the southwest
quarter of section 8, 58-17 There
have been a number of cave-ins at
the mine during the past few months,
during which time nineteen men
have lost their lives. The fee own
ers blame the loss of life to the mine
owners.
The Norman mine has been owned
by the plaintiffs for fifteen years.
The property was taken over in April,
|1893, from the Rouchleau-Ray Iron
Land company. At that time the
leases were owned by the Norman
Iron company. Ten years ago the
Norman Iron company assigned it's
lease to the Oliver Iron Mining COM
pany, which has operated the mine
for the past fifteen years.
The fee owners claim that the Oil
yer company has not lived up to the
terms of the lease and that they are
not operating the mine as the propri-
etors would, were they in possession.
The complaint states. that through
the reckless methods of mining, more
than 100000 tons of merchantable
ore, worth $42O,25O, have been left
hanging on the sides of the mine and
in such a manner that the ore could
not be mined with any degree Of
safety to the miners.
1t is also claimed by the fee own
ers that large amounts of merchant
able ore have been allowed by the
Oliver company to cave in and mix
with rock, earth and debris. In OPP
Grating the mine the plaintiffs claim
the company has gouged out the
sides and removed high grade ore in
a haphazard manner.
J. The mine, it is further claimed, has
been left in such a position that
100000 would have to be expended
to reach the ore and continue opera
lions in a manner which would be
safe to the miners
Since February Is, when the notice
of the cancellation of the lease was
served on the Oliver company, the
fee owners claim that the steel cor
poration subsidiary has removed
from the mine 100000 tons of ore.
At $2.Oo a ton, the value of the ore
is $4,000. The fee owners are
suing for this amount claiming that
the Oliver company had no right Or
claim to the ore after the lease had
been cancelled.
When the lease was given, the lee
owners claim, there was mutual
agreement that the operation of the
mine should be conducted as the
proprietors themselves would conduct
it and SO as not to cause any perma-
nent damage to the property. This,