The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-08
MILLIONS INVOLVED IN SUIT BROUGHT BY
STAR MINING COMPANY AGAINST FEDERAL
WR oNGFUlLY EXTRACTED ORE
VALUED s5ooooo-lNJuN cTloN ASKED PREVENT
MOVING 100000 TONS NOW DEVELOPED

'i'I ''t'i hliliHS company VS.. lHe
Federal Mining Il Smelling company
| is the title of a case filed in the Unit
/ ed States district court at Boise last
Friday as forecasted in the Miner
brought to recover the value of ore
alleged to have been wrongfully re-
moved from the Star ground by the
Federal company amounting to $780,
600 and to perpetually restrain the
Federal company from further tres
passing upon the Star ground The
court is also asked to issue temper
AIRY restraining order to prevent the
Federal company from entering upon
and removing ore from the Star
ground until the issues involved in
the suit are finally determined. The
application for q temporary inJunc-
ton will be argued before Judge Del
trich ut Boise next Monday.
Not since the famous litigation
which involved much of the most val
liable mining ground around Ward
ner which occupied the courts dtr-
ing the early days of the district has
there been WI case that has attracted
as much attention as this one between
the Star and Federal nor one that
involved such great and tangible MN
eral value. The value of the Evening
Star and Mary r. fraction, being the
immediate ground in controversy, to-
gether with the ore that is alleged to
have been extracted by the Federal,
Is placed at over 100000, while Stan
Ily A. Easton and Rush j. White, en-
gineers in the employ of the Star,
place the amount of ore already reas-
onably developed at over 100000
tons.
Titanic Legal Battle.
While the Star company has been
inactive for several years, due mainly
to the adjustment of the estates Of
three of the large owners, II Is never
theless Il company. Of great financial
strength, as will be recognized III the
following principal ownership: Il. ii.
Motlitt president and manager, Wal
| lace, Charles Hussey, secretary and
treasurer, Spokane; the estate OF
John A. Finch the estate OF l. =.
Peyton, Austin Corbin "a and J. ].
Cunningham, all of Spokane; ana the
estate of Henry Wick of Youngstown,
| Ohio. These hold 1000 shares of
the total capital of 100000. The
Star company is represented by John
p. Gray, Of Occur d'Alene, and it Is
probable that Myron A. Folsom will
be associated with him.
| The Federal is a Guggenheim COM
Fany, which means that it will be
represented by legal ability in keep
Il ing with the vast interests involved.
Both litigants. when the real issue
comes on for trial, will doubtless have
the assistance of expert mining en-
glneers and biologists of national
reputation
The Complaint.
On account of the magnitude of the
pending controversy and the atten-
ton it will hold among mining men.
tended summary Of the complaint, and
also of the supporting affidavits by
T. II. Motltt, Stanly A. Easton and
Rush j. White:
| The complaint states that the Star
Mining Company is incorporated under
the laws Of the state of Washington
and the Federal Mining e Smelling
Company under the laws of Delaware,
for which reason the jurisdiction of
the United States court is invoked.
That the plaintiff is owner of the Eve
ming Star and Mary r. frac-
ton lode mining claims in Hunter min
| ing district. containing vein or lode
of rock in place bearing lead. silver
and zinc. extending lengthwise of said
claims. Continuing the complaint
says:
Plaintiff further alleges that the
defendent owns the Morning mine,
so called, which adjoins the Evening
Star on the east; that the said de-
fendent has heretofore, by means of
underground workings in its exclusive
possession and control extending from
the said Morning mine at great depth
beneath the surface, surreptitiousy
and secretly penetrated into and with
in the said Evening Star lode mining
claim and the said Mary r. Fraction
lode mining claims and into and upon
the said veins and ore bodies therein,
the property of the plaintiff, and has
extracted and removed large quantit
lies of valuable ore and mineral from
the said Evening Star and Mary r.
Fraction lode mining claims and the
vein therein the property Of this plain
tiff.
"That defendant in extending said
workings from the Morning mine into
the Evening Star and Mary r. Frac-
ton, and extending and removing the
ore therefrom. has done so wilfully and
knowingly, secretly and wrongfully
and by such acts has carried away ore,
the property Of plaintiff, exceeding in
value the sum Of $500.oO0" Plaintiff
cannot state the exact dates but all
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