The Kusko times., 1930-10-18
FRANK MANEEY FILES SUIT AGAINST THE FAIRBANKS
 EXPLORATION COMPANY
Fairbanks News-Miner.D

to cancel the lease given by Manley on October 9, 1924, to the Fairbanks Exploration Company on Discovery and 1 and above Discovery, creek claims; No. belo wDiscovery, creek claim; No. 5 below Discovery, bench claim, left tier, right limit; and PA below Discovery, all located on Cleary creek.
 The grounds assigned for cancella- tion of the lease are that the Fair banks Exploration Company has failed to work and mine the propties ties in a miner-like manner and has failed to account to Manley for the true amount of gold mined from his properties this season in the follow ing particulars:
 First That the Fairbanks Explor- ation Company failed to mine a strip of ground having all average width of 86 feet and being 1,20O feet in length situated on the right limt side of creek claim No. and adjoining the property of the defendant known as Durand fraction and No. 4 below Discovery, first tier, right limit.
 Second. That said ground con- tains approximately 1O9,275 square feet of bedrock of an estimated value of $1.50 per square foot, making total value of about $163, ,912.50, to which Manley is entitled to 12 1-2 per cent, or $20,439.25.
 Third. That by reason of the fail ure of the company to work this ground the same will be entirely lost to Manley unless unless Manley. shall hereafter consent that said strip of ground may be mined together with said Durand fraction and bench claim No. belonging to defendant
 This, Manley states, he will refuse to do for the reason that it has been the policy, purpose and intent of the company to commingle the low-grade gravels of their claims with the known rich gravels of Manley's clans in order that the values con- tained in Manley's properties may be brought down to belo wtheir true value, thus depriving Manley of the royalty to which he is entitled.
 One of the reasons assigned for this conduct is that the amount of royalty that Manley will receive IS dependent upon the total gross amount that shall be mined from his properties. If the amount Is below one million dollars Manley is to re- ceiye 10 per cent royalty and if above one, million dollars he is to receive 12 I-2 per cent royalty, so ths is as- signed as one of the reasons for min ing and commingling the gravels of Manley's claims with the company's own claims in order as stated in the complaint to reduce the output of his claim sand to defraud him of royalty that justly belongs to him.
 It is also charged that the Fair banks Exploration Company has al- ready commingled the rich gravels of creek claim No. 4, belonging to Manley, with the very low grade and practically valueless gravels of their own claim known as No. 4 below, left limit, and that they have deduct edfrom tee .pcpibHGST cmfw mfw W ed from the gross amount of gold that has resulted from their opera tions on Manley's ground. namely, $453 ,5e0, the sum of $81 1,190.36, which the company claims is the value of gold mined from No. 4 left limit, wheraas in truth and in fact said1 ground carried scarcely any values whatsoever. all of which the company well knew and knows, and so commingled and mined said claims