The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-05-04
OFFICERS Of SUCCESS MINING COMPANY
ANSWER COMPLAINT FRANKLIN PF|RMAN
BEFORE JUDGE WOODS AND TAKEN UNDER
ADvIsEMENT-coNTENTioN OF DEFENDANTS AS
SHOWN ANSWER.

the district court by Franklin Pfirman
against the officers and directors of
the Success Mining company, in which
the court is asked to. issue q writ of
mandate requiring them to permit the
plaintiff to have access to the books,
records, ore contracts, etc, of the COM
pany, was heard by Judge w. w.
Woods last Saturday. The plaintiff
was represented by James A. Wayne
and the defendants by James f. Clyde.
The matter was taken under advise
ment by Judge Woods and his ruling
may be expected any day
Answer to the Complaint.
The formal answer to the complaint,
the substance of which was published
in recent issue of the Miner, makes
a specific denial to every material alle-
cation, or If not denied, then a version
Is given in justification of the action
of the defendants of which complaint
is made Having disposed of these in
much detail, the answer of the defen-
dant continues in this language which
virtually covers all points in contro-
versy:
"Furthering answering the said af-
fidayit of the pairt!fe herein and as
a return on the order to shoI cause
why certain peremprory writ of man
date should not issue herein as prayed
for by plaintiff, defendants further Al
lege and show cause to this honorable
court as follows:
Defendants alege that the plaintiff
ia a practicing lawyer at the eity of
Wallace, Shoshone county, state of
Idaho and is the owner of one hundred
shares of stock of the defendant cor
poration, and no more.
-. Defendants further allege upon
their information and belief that the
plaintiff is not acting in this matter
in his own behalf or as a 8tockholder
of said corporation, but as an attorney
| for a certain corporation known as the
| Alameda Mining company and various
stock brokers residing in the city of
Spokane, state of Washington, who
| have interests that are adverse to the
said defendant corporation and its
stockholders particularly among them
may be named one Sidney Norman,
who is q stock broker and mining pro-
moter and the managing editor of a
certain mining circular published in
the city of Spokane, state of Wash
ington, known as "The Northwest Min
ing Truth" and that the said w. A.
Nichols is also a stock broker and pro-
moter in the said city of Spokane.
Washington, ana is ct the present tire
stockholder in the said Alameda Min
ing company and promoting the sale
of the said stock of said l2ts named
corporation.
"3. That the Alameda Mining COM
pany is corporation organized and
existing under the laws of the state
of Idaho and owns certain mining
claims adjacent and contiguous to the
claims of the defendant corporation
that there is certain litigation now
pending in this court between the de-
: fendant corporation and the said Ala
- media company involving rights to ccr-
d tain ore bodies; th2t the rightc to ccr-
It tain ore bodies have been determined
II by a judgment of this court from
+ which an appeal has been taken to the
d Supreme court of the state of Idaho
t where the same is now pending, and
e there are certain questions to be yet
d determined by this court as to the
It value Of the ore bodies in litigation;
g that James A. Wayne, the attorney for
o plaintiff in this action, is the secretary
y and treasurer of the said Alameda
IS Mining company.
d "A. That the said Sidney Norman
e has for a long time past taken a hos
IS tile attitude to the defendant corpora
L. tion and its management and through
ID the columns of his said circular has
Lr attacked the said management for his
own selfish purpose; that prior to the
. plaintiff in this action making de-
mand on the defendant Wilson, on the
said 18th day of April 1916, for an ex-
~ animation Of the records as set forth
in his complaint, and before the said
plaintiff knew whether his demands
lie would be complied with or not, said
,e Sidney Norman in the issue of his cir
80 cular on the 18th day of April, 1916
one day before the demand was made
by the plaintiff in this action, announc-
te ed through the columns of his said
w circular that this action would be CON-
ne menced on the afternoon of that day
=, notwithstanding the plaintiff had not
then made any demand on the defen.
u dant Wilson for the information oi
EN- the right to do the things which ht
IN asks that he be permitted to do.
ne "5. Defendants further allege tha
EN- there are now about 27O0 stockholderl
EN- owning stock in the defendant corpor
is alton and that the stock journals anC
he stock ledger of said corporation con
81 tain the names of 1000 actual investors
CONTINUED on Last Pagel