Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-08-20

The answer of the Round Noun {
tain Mining company to the complaint Z
of the Round Mountain Sphinx Min !
ing company was filed in the district
court this morning. Replying to the
various allegations the defendant de-
nies that the plaintiff ever was in
possession Of the alleged Gold Leaf
lode mining claim except a small
traction. The valid existence of the
Gold Leaf claim is denied also as
the defendant has been in possession
for the last six years. A general
denial is entered as to the ownership /
Of plaintiff in ores contained in the
alleged Gold Leaf claim. It is ad-
mitted that defendant extracted ore
from the Sunnyside claim but denies
that plaintiff has any right, title or
interest in same
Answering the tenth paragraph of
the complaint defendant denies that I
its total assets consist of a number
Of lode mining claims in the Jeffer
son district, but admits that It does
own claims in said district which |
are of great value. 1t is denied taht |
the profitable ores in said claims
have been exhausted save as to the |
ores contained in said ledge, alleged
| 10 belong to said plaintiff and to the
contrary alleges that in said mining
claims Of this defendant, outside and
beyond any property in controversy
/ in this suit there are known ore bod
les aggregating 10000 odd tons of a
net value Of not less than $1S0,000
in addition the defendant is owner
Iof placer ground situated in said
mining district Of a conservatively
estimated value of $1S0.O00 or a to-
Ital of over S360,000 Defendant furth-
er AYERS that the prospective value
of said mining property owned by
Ithe defendant outside of any terri
tory in controversy in this suit, is
conservatively estimated at not less
than s350,O00 in addition to said
known values
Defendant has cash on hand S11S,-
230.69, and bullion of value of not
less than $4,000 Continuing the
defendant AYERS that its mill or a
reduction plant with equipment and
! machinery have present value of
( not less than 100000 and in addi-
: tion defendant has in its storehouse
} at said mill supplies worth $500
E Defendant denies that 1t intends tC
s distribute the cash in its treasury in
j the form Of dividends to stockhold
!, ers for the purpose Of avoiding liabil
ity to account to plaintiff for the
double value of ores alleged to have
been wrongfully taken.
Furthermore it is ayerred that the
expressed purpose of the directors o
the Round Mountain Mining compan!
is at all times to maintain surplus
in its treasury of not less than $75,
600 to meet any unforeseen contin
4 gencies Defendant denies that th'
( declaration of the last dividend TO
, S35. 900 was done with intent to worl
an injury to the plaintiff, 1t is de
MED that one-half the cash amount il
{ reserve was derived from ores take
from any property in the controvers
and that not to exceed $4,000 of tn
cash now in the treasury of defend
" ant came from any party Of sal
property.
= The total tonnage mined from tn
: premises in controversy within pc
" iod Of three years prior to the con
!" mencement of the action did not e
~ coed l1,452 tons, the net value {
he which does not exceed $17,500. {
ne said total tonnage 300 tons wa
ay mines from the Great Western N
~ mining claim.
rs The answer also recites that tf
hu Round Mountain Mining compar
owns by government patent all OF u
ground covering the apex of the IL
-, Gazabo.Great Western No, vel
from which it is claimed by plainti
that ore has been unlawfully e
! tracted and the answer further SHOW
! that the Round Mountain Minir
company owns by government pater
= all the surface ground covering Il
10 din of the vein claimed by plainti
except about one-quarter of an acr
and that this quarter of acre
SO situated off of the apex of 7
b.; vein that no apex rights to any
the ores in controversy can be !
So, ferred to it.
Superintendent Ernest continu