The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-01-19
.HECLA-BUNKER HILL
PURCHASE OF STAR
Now Being Heard
in Spokane Before
Judge Huneke
RULING FAVORS HECLA
Hearing on Temporary In
junction--Must Show Fraud
or Ultra Wires Stop Deal

A FrER hearing argument upon
! ~ the motion of w. II. Plummer,
/ attorney for Eugene r. Day and
Mrs Sarah T. Smith in the ac-
/ ton brought against the Hecla Mining
company and the Bunker Hill & Sulli-
van Mining q Concentrating company.
asking the court TO proceed to the trial
OF the case on its merits rather than
upon the application for an injunction,
Judge Huneke. in the superior court
of Spokane county. stated that it APP
peared to thin that there was no rea-
son why the stockholders of the Hecla
should not be permitted to meet and
ratfy the agreement entered into by
the trustees of the company with the
Bunker Hill for the purchase of the
star mine Such action, the court said,
wOud result in curing any Irregular
ties that may have been committed in
the proceedings leading up to the
agreement and strengthen the position
of the trustees, who constituted the
business body of the company but of
course could have no effect upon the
question of fraud or the power of the
trustees to enter into the agreement
under the Washington law.
This announcement followed the ar
gument by Senator Turner against
Mr.. Plummer's motion. He reviewed
the various steps in the injunction
proceedings started the day before the
meeting of the stockholders August is.
called for the purpose of ratifying the
Star agreement, without allowing time
for plaintiffs to show cause why the
order should not be granted, although
one of the plaintiffs Mrs. Smith had
known for two months that the agree
ment was to be presented to the stock
holders for ratification, for she was
present at the meeting of the trustees
in Milwaukee on May 25 when the res
olution was adopted authorizing its
submission. Five months have passed
since the temporary restraining order
was issued. and Senator Turner in
sisted that the hearing now should he
on that order and not on the merits of
the case He pointed out that if the
court denies the injunction there could
could proceed to meet and ratify the
agreement. on the other hand If the
case is tried on it's merits now and the
decision of the court favors the de-
PENDANTS. then an appeal by plaintiffs
would continue the restraining order
until finally determined by The SUI
preme court.
Defendants Win Out.
The announcement by Judge Huneke
indicated that he was disposed to
make an order at once permitting tn
Hecla stockholders to meet and ratify
the agreement with Bunker Hill to pur-
chase the Star. This prospect brought
out a protest from Mr.. Plummer and
John c. Higgins who had been en-
tered as attorney for plaintiffs, who
contended that if such action was
taken the court should require another
meeting TO be called rather than hav-
ng the agreement submitted to the
adjourned meeting on the 21st which
will be in control of defendants. AS
he argument progressed the court
pointed out that they were not far
apart, the plaintiffs being in a more
ractable mood in view of the attitude
If the court toward the meeting of the
1t was finally agreed to
proceed with the trial Of the temper
Try injunction and that following de-
.isiOn on that question. the court
would also decide the case on its mer-
Is on the same evidence.
Day Smith Recruits.
Mr.. Plummer at this point requested
he entry of the following stockholders
n the Hecla company as plaintiffs in
he case: Frank Murphy, of Spokane.
0 600 shares: John Radovich. OF
Burke. 1000 shares; L. w Hutton. Of
spokane, 100 shares Although Mr..
hummer did not say so. it is assumed
hat these names represent the total
et returns from the intensive cam
aign for support that has been car
led on during the past five months
mong Hecla stockholders by Mr. Day
nd Mrs. Smith.
Mccarthy Recalled.
Mr.. Plummer resumed the taking Of
astimonv by recalling James f. Nc
arthv president and manager of the
Tecla Mining company. Asked if he