The daily Alaskan., 1918-09-20
CLAIMS UP
 IN TIE COURTS

1 4 Vancouver paper of recent date had the following account of the trouble which is now being tried tried in the Atlin court. before Judge Barker.
 A bargain In mining ventures, whereby Frank H. Mobley, M. L. A., for Atlin, some time ago purchased under the sheriff's hammer at Prince Rupert, fifty-two gold placer claims, a number of mineral, claims, Q lake dam, ditches and water sys- tenn, a blacksmith's shop, machine shou and equipment, engines, boil CTS, machinery, a telephone system, electricians shop and supplies and "one certain Ford automobile" all for the sum of $60, has given rise to 8 lawsuit in the courts.
 The matter occupied the atten- ton of Justice Morrison yesterday on an application to set aside an order whereby some time ago the registrar of the County Court at Atlin was appointed 8 receiver of all the gold which was taken out e two of the claims.
 The history of the suit is said 10 he somewhat as follows: After obteining possession of the proper +y under the sheriff's hammer. MT. MoDley leased it to A. Berger and Vic strong, who agreed to run the property and pay all expenses Of op- eration In return for 75 per cent. or tho gold recovered. J. Tallmire ana A. T. Wesche, miners, who are said to have had an interest in the property before its sale, and whose counsel, Mir. w. P. Grant, alleges were unable by reason of the win tar weather, to reach Prince Ru- pert in time to buy in the property later went to work on two of the claims which they restaRed. Their position is that the clans were open for restaking, as they allese that $19,0OO rentals were due on the property, and that the mining recorder has no legal authority to accept a transfer of the clans to MT Mobley unless this s19,OOO was first paid.
 Tallmire and, Wesche, it is said, are now both under arrest at Atlin on a charge Of having taken 6 false oath in connection with the proceedings instituted by their counsel MT. W. P. Grant, to en- force their claims to the ownership of the property. Recently the civil action was remitted by Justice Nor rison from the Supreme Court here to the County ourt at Atlin, which opens on Sept. 16. This morning
 Mir. L. Reid, K. C., counsel for Messrs. Mobley, Berger & Strong appeared with an application that the case be tried here and fur ther application that the order Plac- ing the gold In possession of the registrar at Atlin be revoked.
 "The laborers can not get their pay. nor can the laymen Berger and strong), get money for their operatkons," he said.
 MT. Reid protested further that | z. o ;y,Dropar to fnrca his client into trial by September 16.
 "There is property valued at s1OO,OOO at stake in this trial, he said.
 After further discussion, his lord ship still adhering to the view that 1t would be more eXpedient and ec- oaomical to have the trial held at Atlin on September 16, MT. Reid took a further exception to the trial having been remitted to the County Court at Atlin.
 Quoting a judment of Justice Gregory, MT. Reid argued that the case being neither one of contract or of tort did not come within Sec tions'73 and "A of the County Cour Act and so could not be remited from the Supreme to the County Court.
 "The case might have been start el in either the Supreme or the County courts but having been started in the Supreme Court there is no power given in any of the statutes to transfer 1t. It must re main in the Supreme Court" ar gued counsel. The case was ad- journed till tomorrow to enable MT. Grant to look up any authority against the proposition put forward by MT. Reid.
 | It Is said that the litigation and criminal proceedings surrounding Itbe fight between the Tallmire and