The Colville examiner. [volume] (Colville, Wash.) 1907-1948, 1919-11-15

of the attendant ferocities of years
of litigation which has been carried
to the highest state courts, and all
issues tried out there having been
finally settled in the United States
court, has emerged from all techni-
cal entanglements, and will be re-
opened and operated before the first
of the year on more extensive plan
than ever before in its history. The
litigation in question was a triangu-
lar fight between the Dominion Sill
YER Lead Mining Co., the ostensible
owner of the property, Ferdinand
W. Peck, Jr. of Chicago, alleged to
be majority owner of the property
and G. B. Dennis Of Spokane, alleg-
ed owner of control of the said
corporation.
For number of years the proper
ty was inactive with little attention
from the Eastern owners. Tax
titles accrued and judgments clouded
the title, and finally the Dennis in
terests allowed the property to be
sold under execution. At these sales
w. H. Linney became the purchaser,
and after taking over title to the
property effected working organi-
zation of which Dennis became fac
tor, holding 500 of the property
interests. Before the expiration of
e3he year in which to question :, the
TAX judgment Ferdinand Peck, Jr,
discovered that he had, to all intents
and purposes, lost his title unless he
could recover in the courts. Several
leading title and mining lawyers ad-
vised him that he had hopeless
case. State Senator W. Lon John
son, however, to whom the question
was presented, disagreed with all
other lights Of the profession and adj
vised Mr.. Peck that he was clearly
within his rights in contending for
the return Of his interest.
In 1916 Mr.. johnson opened the
ball by filing suit in behalf of the
,Pecks against Dennis and his asso-
ciates TO cancel the tax judgment
fkAcause the. court granting the same
had no jurisdiction since the corpo-
ration had been stricken from the
records in the office of the secre-
tary of state at Olympia. In the
trial of the case in Spokane Superior
Judge Huneke declared the court had
jurisdiction and rendered judgment
against Peck. On appeal, however,
the supreme court of the state held
that the tax judgments were void
because service had not been made
upon the trustees of the corporation
instead Of the president.
Pecks being non-residents of the
state Mr.. johnson conceived the idea
that in order to bring all matters to
a complete issue an action in the L.
S. District court would avail, and
upon petition of his clients obtain
ed the appointment Of receiver. R.
+. Lee of Colville was chosen to
handle the trust and concluded the
entire controversy by offering the
property at public sale at which Mr..
Peck was the purchaser, assuming
to pay all obligations and restore
each Of the stockholders of the cor
poration to his rightful share in the
property.
Under the new arrangement Mr..
Peck becomes the owner of 800 of
the stock, Mr.. Linney .25ss and G. B.
Dennis Sc, while the remaining
stock goes into development fund.
Mr.. Linney, who is a mining engi-
neer of recognized ability in his pro-
fession, will be entrusted with free
hand to develop the property on
lines originally planned. He has
made an exhaustive examination Of
the property and four years ago ex-
pended, it is said, nearly $4,000 in
exploiting the mineral deposits to
determine their real extent and
probable value. He will engage, ac-
cording to the most reliable infor-
nation at hand, to work the property
with large force of men, beginning
development within the next 60 days.
Large shipments will soon follow,
and as soon as weather conditions
will permit a mill for concentrating
the low grade ores will be erected on
the ground. The new management
plans to operate the mine under
modern scientific mining methods
and the output, according to esti-
mates recently made on known de-
posits, will be larger than ever. The
new management will have, at the
start, the advantage of more than
half million dollars worth Of develop
ment that has been done by past
activities covering more than a quar-
ter Of q century.
The Old Dominion mine was dis
covered in March, 1896, and was the
magnet that drew thousands Of
prospectors to the Colville country
in the five years Immediately fol-
lowing. II was declared the richest