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Show MINING AND THE LAWYER. Argument in Favor of Doing Thlnga Legally and iu Time. . "When the legal business of an incorporated incorpo-rated nnd fully equipped mining company Justlllcfl It, Uio services of a law firm may be secured for theso duties, and when It has :i large amount of property to tako care of. n spoclal department Insures tho systematic transaction and economical econom-ical management of Its legal IniBlneasI Above all, the rights of the company must be defended In their patented claims, which, under tho United States lnw of tho apex, nro liable to be brought Intn litigation. In tho first place, every legal precaution should bo given to making mak-ing tho patent of the property clear; nnd In thoso cases where It may happen to bo dcfoctlvo, It will need to bo skillfully defended the loss of such rights Involving Involv-ing tho very existence of the company. Tn those States whore, jmder tho common law. the property Is Included within the vertical planes of Its borders, those, difficulties diffi-culties arc largely eliminated. One hns to but recall tbo litigation between Holnzo and tho Amalgamated to realize tho Importance Im-portance of legal effort, 3nys the kilning and Scientific Press. Tho corporate management of a largo company Is particularly tinder legal observation. ob-servation. By Incorporation It Is posslblo to unito the resources of many for a common purpose, to avoid the embarrassment embarrass-ment due to the death of ono of Its members, mem-bers, and to limit the liability of any member. A charter of Incorporation can ualncd under the laws of any Stato and a lawyer is properly employed to do this. Tho charier having been obtained, by-laws must bo framed for conducting tho corporation business of the company, to provide for its meetings, officers and management. Tho preparation of tho bylaws by-laws nnd the amending of them from time to time Is legal work. There is also tho preparation of motions, the drafting of resolutions to bo adopted at meetings of tho stockholders nnd directors of tho company, and the preparation of minutes of corporate moetlngs. Nearly all corporate cor-porate action takes the form of written resolutions, and such resolutions have to be prepared with great caro. In coao of the consolidation of different miulng corporations cor-porations into ono, or the purchase of proporty from another, the mlnutos of the meetings of the corporations Involved aro frequently elaborate, nnd must be carefully care-fully framed In accord with tho several statutes covering tho transaction. There Is also the preparation of tho contracts of tho company when it rents land or houses. Leases must be prepared to protect pro-tect tbo right of both lessor and lessee. The preparation of mortgages, where bonds are to be issued, calls for the greatest great-est care- The financing of the company com-pany may depend upon these Instruments, and elaborate provision must be Inserted therein. In order to tempt capitalists to Invest in the bonds, and to provide for them tho security to which they are entitled. en-titled. Contracts for construction mny involve large sums, and careful specifications specifi-cations and provisions aro needed to prevent pre-vent litigation. Also, where land or property prop-erty Is bought, deeds must oe drawn. If. for any reason, It Is undesirable to commit the company to the purchase of a mlno or other property, or If time Is necessary to examine properties with respect re-spect to their value and title, options must bo drnfted. giving tho privilege of acquiring tho property if desired. Contracts Con-tracts must often be made for the pur-cluuse pur-cluuse of fuel, fluxes, limber or othor supplies. Turning to the subject of litigation, damage suits for accidents arc unavoidable, unavoid-able, some Involving fictitious, exaggerated exaggerat-ed or real Injuries. Wh"re the company Is operating smelting furnaces, which yield noxious gajc. damages to land or stock may be claimed on this account also. Companies receive and llspatch a large amount of ore. products and Hiip-1 Hiip-1 plies by rail, and since railroads Insure the freight, they are called upon to pay claims for damages, where accidents, nnd especially fires, give rise to such claims. The injury or delay of mntorlals in transit tran-sit may also be productive of claims of the company against the railroad; nuch claims, when they cannot, be adjusted peaceably, ultimately give riso to suits, but oven before suit is brought legal advice ad-vice Is necessary In tho process of adjustment. ad-justment. The company may be harassed by garnishment of the wages of its employees em-ployees and the danger of double payment pay-ment must bo guarded against. Tho arrest ar-rest of wrong-doers has to be made under un-der legal advice. a upon failure of any criminal proceeding n. suit against tho company for malicious prosecution may bo expected. The relation of tho company com-pany to the State calls for legal services. Sometimes It may be to defeat hostile legislation leg-islation In the Congress or In the Legislature. Leg-islature. ' The subject of taxation is always al-ways Involving some controversy, and may give rise to litigation. If anyone Is Injured or klllod. it is th business of the lawyer to reach the spot promptly and endeavor to settle clalmn without delay. Even a small delay Involves In-volves having to pay the claimant's lawyer law-yer ns well as hlniBolf. The statements of witnesses are to be taken down in writing, both for enlisting the wltnoss on behalf of tho company and for regarding tbc facts boforo they are forgotten The importance of such workis seldom ap-prnclat'i, ap-prnclat'i, but as a rough estlmato It Is about three times as expensive to dispose dis-pose of a claim by litigation as by ami" iblc settlement. The effort to 6etll-3 Hhould bo continuous, instead of being dropped until s-ult is brought. It Is falfj economy not to have this strictly lookod after In conclusion It may be remarked that, Just ns In. medlcim.-. it is cheaper and nore offectivo to prevent thin to cure dlnease, so In the conduct c)f the af-falw af-falw of a mining company It Is better to conanlt' the laivyev beforo than after-wnrd. |