The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-05-04

"g. Defendants further allege that
this list of stockholders which could
be obtained from the corporate books
of the said corporation has a great
value; the probabilities are that such
a list could be sold to various stock
brokers and mining promoters for as
such as $3.50 to s40O for each list, and
to permit the plaintiff to have such
list to be placed in the hands OF his
associates would be giving him and
the said associates a right and a COM
pensation to which they are not en-
titled.
II. Defendants further allege upon
information and belief that the said
w. A. Nichols is heavily interested in
the Alameda Mining company and has
an option on as much as seven or
eight thousand shares of the stock of
said company, and that the said w. A.
Nichols is now trying to create mar
ket for the said stock, and that he
will use the list of names secured for
the purpose of promoting his interests
in the sale of said stock by writing
to the said stockholders setting forth
that the Alameda Mining company's
mines adjoin the Success Mining COM
panys mines and that the Success
Mining company has been, and is a
large producer of valuable minerals
and ores, and large payer of divi-
dends, and the defendants further al
lege upon their information and belief
that the said Nichols gives out in pub
lie interviews in the Spokesman Re-
view, a newspaper having large cir
cuation throughout the United States
that the Success Mining company has
trespassed upon the Alameda ground
and extracted large ore bodies there
from notwithstanding that the said
suit between the said Alameda Mining
company and the Success Mining COM
pany has not as yet been determined
by the Supreme court of the state of
Idaho, so that it may be definitely
and for certainty known which COM
pany is the owner of the said bodies
until the said Supreme court has pass
ed upon the judgment Of the lower
court and also states in such inter-
views that the said Alameda Mining
company will recover from the Sue
cess Mining company approximately
5000, 100000 to cover the market value
of the ore taken by the defendant cor
poration from the Alameda Mining
company, notwithstanding an account
ing as to the value of said ores has
never taken place before the court
where the said suit is now pending,
and as defendants believe, and upon
such belief allege that the said w. A.
Nichols and the Alameda Mining COM
pany, While not parties to this suit,
are hostile to the interests of the de-
PENDANT corporation and of its stock
holders and that the plaintiff in this
action, while nominally party to it,
is clearly appearing as attorney for
the said Nichols, the said Norman and
the said Alameda Mining & Milling
company and not for the purpose OF
protecting his own interests or for the
protection of the interests of the other
stockholders.
"8. Defendants further allege that
the litigation between the defendant
corporation and the said Alameda
Mining company is not yet at an end
and the records of the engineer of the
Success Mining company and their
maps, plats and estimate of ore bodies
etc, are matters which will necessarily
have to be inquired into in the said
| litigation and that it would be highly
prejudical to the interests of the de-
PENDANT corporation and all of its
stockholders to permit examinations to
be made thereof at this time by per-
sons so closely allied to the Alameda
Mining company as defendants believe
the plaintiff and his attorney to be-
and therefore upon their information
and belief defendants allege that il
would be highly detrimental to the in
tarestS of the defendant cornOratipn