Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1914-04-07

The application of the Jim Butler
Tonopah Mining Company for a re-
straining order against the West End
Consolidated Mining Company was
heard last night by Judge Mark Aver
i'll and granted returnable Monday
morning at 10 o'clock, April 18th
The proceedings were exparte and of
a routine character The bond was
fixed at $4,000 The order restrains
the West End from extracting ore
from the West End MacNamara ledge
but specifically exempts the South
ledge from interference.
The order was served on Manager
Brady at lO45 last night at the main
office of the company. where Mr..
Brady, in the presence of the sheriff,
Instructed Jack Ritchie, superintend-
ent to remove the men from that
part of the mine.
Announcement of the hearing
brought full house to the court,
every seat being occupied chiefly
with mining and business men who
were interested In the outcome AZ
( this was the first apex suit brought
10 hearing in Tonopah. The table
in front of the bench was packed
with young library embracing lead
ing authorities on injunctions ant
apex litigation The contenders wert
represented by f. Fl Colby. of Sar
/ Francisco. and Hugh II. Brown anC
J. II Evans of Tonopah for the plain
tin while the defense was handled By
Horatio Alling, of Oakland Mex
Tuesday some of the leading author
tiles on mining law in the United
States win be heard and Judge Lin
ley. author of many able works on
mining Jurisprudence, will take
charge of the case for the Jim But
Ter.
There was nothing Spectacular
about the hearing but there were sev
eral breezy interchanges between
counsel which elected laughter sev
eral times when Attorney Alling net
tied Attorney Colby, an associate o
Judge Linley Mr. Alling was back
&c by a fund of good humor tina
never failed and his jocular refer
ences to different features brough
out in the affidavits impaired a live
ly touch to an otherwise dry pro
ceedings. During the hearing Ii de
veloped that the plaintiff did no
expect better than AN ex parte hear
ing and the defendant stated tina
they had not been served with eithe
a copy of the complaint or copies o
the accompanying affidavits
After the preliminary sparring il
which counsel for both sides mad
their statements regarding the appl
cation the plaintiffs projected sul
prise by Offering the affidavit 0
Lewis r. Robins, civil engineer o
the Jim Butler. denying the existenc
. of an apex In the West End and de
r scribing the West dMacNamar
ledge as a blanket roll. anticlin
; ledge traced continuously withou
break or interruption The Sout
vein was not disclosed in the worl
ings. showing that the contract Q
deed of December 80, 1912. had notl
: Ing to do with the present case
On submission of this affidavit A
, torney Alling. for the West End, asl
ed for time to submit counter afi
dayits as he was not prepared to r,
but these statements but would b
! ready the following evening II tn
/. court granted adjournment
Attorney Colby, for the Butler pr
tested against delay, saying his pc
pie were ready 20 put up bond Il
/, any amount II there was going
be any delay he could not see az
use for an alternative writ of inlun
y ton He insisted on an immedia
ruling on the application. whiC
caused Attorney Alling TO inquire
Are You afraid OF any affidavit
= we may make?"
\ I'VE are not" was the sententiol
reply
. Are YOU afraid Of this prelimina
. ORDER" continued Attorney colby
. mot Il you arc entitled 70 II
. fiashed back Allins
. The order thereupon was enter
. after colloqay over the amount
= the bond. which the court uxed
. $1,000 and raised 10 slO.00o. when h