Show WEST MAKES QUINCY DEFENDANT IN APEX SUIT Charges That by Underground Underground Underground Under Under- ground Workings the Quincy Has Entered Beneath Beneath Beneath Be Be- neath Surface of Its I I Claims and Extracted I Ore Ore Is Involved In Ill in Suit Litigation was commenced between the West Daly-West Mining company and the Quincy Mining company In the United States court this morning The firm of Dickson Ellis Ellis representing the West Daly-West filed a a. bill billin billin billin in equity which alleges the plaintiffs plaintiff's ownership of the Quincy's ground through an apex To some extent the suit resembles the Mammoth-Grand Mammoth Central affair and the litigation promIses promises promises prom prom- to become no less famous West Daly-West Contention After reciting the standing of ot the companies and the fact that the Daly- Daly West has been in possession of six fifty certain claims for the past ten years which are carefully described the bill sets forth that the Quincy company company com corn pany claiming to be the owner of certain certain tam tain alleged mining claims adjacent to the property of the orator asserts title to the mineral ore bodies beneath the surface of the West Daly-West claims such assertion of ownership being adverse to the orators orator's rights and ownership Ores Are Axe Extracted I The complaint continues The defendant by means of certain un workings and excavations has entered In and beneath the surface of the said claims and premises of your our orator and has mined extracted and Isnow isnow Is la now mining and extracting the ores and minerals against the protest and without the consent of your orator all of which your orator alleges is wrongful and unlawful and end contrary to equity and good con con- science It is alleged that the value of the claims claimed by the defendant and which are Involved in the suit is more than than Writ of Subpoena The court is finally petitioned to grant a writ of subpoena requiring the Quincy company to answer the several allegations to set forth any and ev every every- ry adverse claim or demand to the end that the same may be duly adjudicated and the title of the orator confirmed That the orator be granted a a. writ of ot injunction commanding the Quincy company to desist from working on the premises in dispute or taking any ores and that the injunction be made perpetual That upon the hearing of the suit it be decreed that the defendant has no no right estate title or Interest whatever in or to said premises or the ores and minerals therein The bill finally asks that the orator be reimbursed for its costs in this behalf most wrongfully expended Wanted Friendly Suit Manager Bamberger of the Daly- Daly West had little to say this morning re regarding regarding regarding re- re garding the suit We Ve tried said he to tto have the Quincy people join in an amicable settlement but failed falle We could not get what we thought we were justly entitled to and to protect ourselves ourselves ourselves our our- selves and our stockholders we brought the matter into the courts for adjudication Arthur Brown attorney for the Quincy could not say what the legal move of the Quincy would be I r have not seen the papers in the case and only know that we have been sued he said cald Judge Marshall is at San Francisco but is expected home next week Until that time there will be no hearing hearing- orthe on or the application for an injunction |