The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-01-12

] ~ In AA04ND+A DtlOlG JuukG
mi Huenke, OF the superior court Of
Spokane county, the trial of
the action brought by Eugene
X. Day ana Mrs. Sarah h. smith
against the hecia Mining company ana
tne BUNKER ilhI x sullivan aiming x
NOncenua,ins company Mni De taAen
81. me Vrlsinal complaint Os,s ssss.,Ds,
,ne AecIa company alone ana asnvu
,ne cVurt 70 RESTRAIN lne olllcefs ana
ia eE,Ufs o. tno company nom sun
nnttns to the stOcKnOluers iur rsL-
l,aIon the agreement entered MO
Niln the bunker Inn Il SULLIVAN iol
'no purchase ana operation OF the
star mine. IN the nrst hearing the
court held that since the Bunker nm
x sullivan company was a party to
The agreement that company would
also have to be made a defendant in
the action. AS the Bunker Hill is an
oregon corporation, and it appearing
70 the court that legal service could
not be obtained on the company with
IN the state OF Washington, the case
was dismissed with the proviso that
tile temporary restraining order
against Hecla officers should stand
Tor five days in order to give the
plaintiffs time to renew the action in
u court having Jurisdiction over both
companies Identical proceedings hav-
ing been instituted before Judge
teatherstone, OF the district court of
this city, hearing was held here, the
case being submitted upon affidavits
and oral argument Judge Feather
stone denied the injunction. In the
meantime, however. service was OBJ
tanned upon Frank NJ. Smith, of Spo-
kane, smelter director of the Bunker
Hill, and this the court held was sufn-
Gent to give jurisdiction. Thus the in
junction denied by Judge Featherstone
in the Idaho court was kept alive by
this ruling of the Washington court
Case Called Last November.
After much delay which was utilized
by the plaintiffs in an attempt to in
fluence the stockholders by sending
out circular letters to discredit the
Hecla management, the case was f.
nally called before Judge Huneke on
November q. The first three days
we're occupied in hearing the testimony
'f l. E. Hanley, secretary of the Hecla
company; James f. Mccarthy, presi-
lent and general manager; and Direc-
ors Carl Landsee, w. J. c. Wakefield
md T. J. Nolan, all defendants in the
ase but called by the attorneys for
'lanitiffs. Friday morning, following
he Thanksgiving holiday, it was an
ounced that Judge Huneke was i'll
nd that under direction of his physi-
ian he would not be able to hold
curt for several days 1t was there
pom agreed by the opposing attorneys
D continue the case until January To-
Not Much Left of the Complaint.
In support of the application for a
order, plaintiffs alleged
hat the agreement of the Hecla direc-
ors to join the Bunker Hill in the
urchase of the Star was obtained
trough fraud; that the Hecla COM
any a Washington corporation, had
o power to acquire stock in another
,rporation Sullivan Mining COM
any under the Washington law, and
nat the Star is absolutely without
llue as a mine. To the layman, I'M
ersed in the intricacies and techni-
llities of the law, but endowed with
binary understanding the only one
these allegations still open for ar
lment is that involving the power of
celia to hold stock in another corpor-
ion, for plaintiffs in both the Wal
&c and Spokane courts practically
,andoned the charge of fraud, while
e settlement of the STAR Federal lit
alton a few weeks ago through
hich the Federal company paid $780,
70 for ore removed from the Star eff
disposed of the charge that
e Star is worthless. But 1t is not
lieved that the court will undertake
pass upon the question Of value of
e Star in an action of this kind. The
urt is asked to enjoin Hecla officers
Id directors from submitting the
to purchase the Star to the
for ratification, and it
lrdly seems reasonable that the court
Guild undertake to pass upon the
ilue of the property from an invest
ent standpoint and give it weight in
o,l,f.r- doofrior