fh* Salmon Bivajr jWsfric* jla
Alarvelously Rich ip IfiAMvnU
Mnd Hyder is the Gateway iyn
Consequence of Which Hyder is
, the Fastest Growing Town i*
the North.
HYDER ALASKA MINER
Published at the Gatewayfo the Salmon River, Alaska - British Cdtambia, Mineral Area
this Paper is t)tft to PiiBHSh sP
the Mining News. Keep Your
.Friends Posted by Sending them
the Paper afi r You Have Read
it. iioost for Hyder all the
Time.
VOL. 2. NO. J3.
HYDlER, Alaska, Mar. 2. 1921
TIVE DOLLARS A YEAR
Full Text of
Daly’s Suit
The suit of Pat Daly, former
f iperinteudent of the Premier
mine, against R. K. Neill and his
original partners in purchase of
the property, in the Portland
Canal district, which was ru
mored around the Federal court
room during the trial of the suit
of Bacon vs. Neill, became a
reality on January 8, when com
plaint in the Superior Court of
Spokane County was served upon
Mrs. Neill in the absence of her
husband, who is engaged in
mining examination work in
Mexico and who is not expected
home for some weeks.
I he complaint in effect alleges
that i) :!y U entitled loa onc.fltth
interest in the mine, valued at
1> 10,000,COO, and that, with de
ductions of his share of approxi
mately $200,000 spent by the
partnership in development, he
is entitled to the sum of $1,960,
000. Attorneys for plaintiff are
F. C. Robertson, and E. W.
Robertson, the title of the suit
being Patrick Daly vs. Reginald
K. Neill, Cora I. Neill, his wife,
Rolla W. Woods, A. B. Trites.
and W. R. Wilson, individual!;.,
and Reginald K. Neill, Rolla W.
Woods, A. B. Trites and W. R.
Wilson, as co-partners and joint
obligors.
ihe complaint recites that
plaintiff Daly has been for ten
years past acquainted with what
was known as the Bush group of
mines, later known as the Pre
mier, having, as superintendent,
foreman and leaser, become
familiar with the ore bodies.
That at all times he “had accur
ate and definite knowledge of the
great value of the said mine and
mat the same orrem- a special
opportunity to capita' • -agree! in
developing and operating mines. ”
Daly came to Spokane in June.
1910, and interested Neill in the
property, the two leaving for a
visit of inspection, where Neill
was taken “to each of the occur
rences of ore in said property."
The complaint proceeds: “Af
ter said investigation had been
completed and high grade ore
had been satisfactorily shown to
the said Reginald K. Neill, he
then and there stated to the
plaintiff thai it was even a more
wonderful mine than plair.: fi had
described; and it was then ar.d
there agreed between plaintiff
and said defendant that the
plaintiff would remain upon the
said property and work in the
development thereof, and aid in
procuring options upon the said
property and other properties
adjacent thereto, and would aid
in the promotion of the said pro
perty in every way possible and
as directed by the said Neill: that
plaintiff would secure men and
suppliii and direct the work in
the opening and disclosing of its
ore bodies, and would direct the
work of the men empl yedin the
laid work, and would generally
superintend the business incident
to the development of Said
claims. That he was to act as a
confidential agent to the said
Neill and his associates; that as
agreed, plaintiff performed all
the obligations on his part and
fully informed the defendants in
regard thereto and this plaintiff
did demonsimte the great value
of said mine, and the said Meill
on his bphalf, agreed to procure
all necessary capital and to as
sociate other persons with
him, and to operate said mine
with such associates, furnishing
capital, and if desirable to form
a corporation to acquire the title
to said property the stock in
which would be issued to and
held by said Neill and ar? < iates,
and a part of which would be sold
if necessary to reimburse the
said Neill and his associates for
the moneys eupended by them in
the acquisition of said' property,
that as soon as funds sufficient
to repay the capital invested in
the profitable working of said
mine were acquired, without re
gard to any stock sales, plaintiff
should be entitled to his compen
sation which was to be an equal
share of the profits realized by
said Neill and the persons whom
he would procure to furnish the
capital, and that plaintiff would
be paid in stock securities or
money, out of the profits of the
venture, in addition to wages to
be allowed him from time to time,
that the plan and deal with refer
ence to seem dig such necessary
capital was left in the hands of
said Neill, in whom plaintig fully
confided.
That thereafter, the said Neill
procured a bond and option on
the said property in his name for
a consideration plaintijy believes
and so alleges of $100,0C0, and
the said Neill interested with
him as associates and partners,
with the assistance of plaintiff,
the defendants, Trite6, Woods and
Wilson, who were informed fully of
the relations of this plaintiff to tfie
said Neill and to the said property
and of the said agreement; they
individually and jofntly ratified
and adopted the said agreement be
tween plaintiff and said Neill, and
promised and agreed to pay plain
tiff out of the profits made by them
from said ventures, an amount
equal to that which they should
each receive, said sum to be paid
at such time as the defendants
should receive back their money
either out of the profits of opera;
ing said mine together, or after ii.-„
formation of a corporation to hold
the title to said property and they
should negotiate and make such a
sale of the stock or a part thereof
as to reimburse themselves for the
moneys expended in the acqui
sition, development and holding of
the said property, and that of the
saoneys received or stock retained
>ver and above said moneys ex
pended as aforesaid, the plaintiff
•houtd be paid a lum equal to one.
fifth thereof, the said sum of
moneys defendants, jointly and
severally, agreed to pay plaintiff in
addition to wages he was to re
ceive, and in addition to the sum
of $5000, that plaintiff received
from one 0. B. Bush, when the said
O. B. Bush was paid the amount of
money agreed to be paid him by
the option given by him to said
Neill at the instanse of said Neill.
“That the said defendants organ
ized a corporation known as the
Premier Gold Mining Company,
Limited, under the laws of British
Columbia, with a nominal capital
stock of $5,000,000, as plaintiff is
informed and so alleges the fact to
be, and vested the title acquired to
said property, with certain adjacent
propeities, under said bond and
option in the said corporation, in
consideration of all of the stock
being issued to the defendant ), ind
as by them directed and for and on
their account; or held in the treas
ury on account of said conveyance, :
and 3aid defendants became the
sole owner? of said corporate stock
and in control of the directorate
and management thereof; that al!
of the stock in the said Premier
Gold Mining Company, Limited, be
longed to the plaintiff and defend
ants, except an undivided forty
nine per cent interest therein, was
sold to the American Smelting and
Refining Company, about Februarv,
1920, for a consideration which the
plaintiff is informed and therefore
alleges the fact to be, in excess of
$1,000,000 in cash, and that the
stock interest retained by the de
fendants was and is of the fair and
reasenable vaJue of $9,000,000 and
more, which furnished a profit of
$9,800,000, one-fifth of which plain
tiff was entitled to share
Th3t the iuh expenditures of
the defendants, by them advanoed
in the purchase and working of said
property and in its acquisition, de
velopment and 1 ale, or in any man
ner connected therewith, did not
exceed $200 000: and that defend
ants are indebted to the plaintiff
under the agreement hereinbefore
alleged in the sum of $1,000,000, no
part or which has been paid, and
said obligi.ion and indebtedness is
from each of the defendants sever
ally, and from the said defendants
as co-partners and co-obligors, due
to this plaintiff.
"Wherefore, the plaintiff prays
judgment against the defendants as
co-obligors and partners aiid againsr
each of them severally, and against
the community composed of de
fendants Reginald K.. Neill and
Cora I. Neill, his wife, in the sum
of $1,960,000 and for his costs and
disbursements herein.”
DISSOLUTION OF COPARTNERSHIP
Notice is hereby given that the co
partnership heretofore existing between
the undersigned, Walter Uianton and
Robert C. Jefiery, doing business in Hy
d jr, Dska, under the firm name and
"v ■ v;f Blanton and Jeffery, is this day
oissulved by ntu.uai consent.
All persons owing accounts to said firm
are requested to make payment thereof
to either of the undersigned, whose re
ceipt for such payments will be a full dis
charge of such firm accounts.
All accounts due by said firm are pay
able by the undersigned jointly.
Dated at Hyder, Alaska, this 1st day
of March. 1921.
Walter Blanton.
Robert C. Jeffery.
Fresh eggs 60 c per doz. R jsetisiain’s.
PERSONAL AND PERTINENT.
Meet me at the Mecca.
Send this paper to your friend.
Ketchikan Chronicle at the Mecca.
Mrs. Jack Adkins is home after a vis
in Rupert.
Pat Murphy cams down Tuesd'ay froi:
the Premier.
A1 Blackburn is now cooking at th
Silver <Grill.
Another telephone in Hyder. Th
Mecca has installed it.
Senator John Ronan was down thi!
week from the Premier.
Andy Anderson co ne down from the
Premier Saturday, returning Tuesday.
Jack Marsh, who has been driving team
for the Premier, has ft for Anchorage.
Ernest Swanson, a brother of Jack
Swanson, well known oldtimer, is a re
cent arrival.
At 17 minutes past 2 o'clock Tuesday
rhere was a bow-legged sea gull roosting
>n the roof of the Stewart Miners’ Sociai
Dlub.
Mr. and Mrs. H. C. Gibsun have
eturned from a tour of the south.
Owney McFadden is another old
timer of the camp to return frtftn
the south.
M. C. McLean and Matt Draper,
hard rock miners from Alice Arm
are recent arrivals.
D. A. HoTman, representing the
Sullivan Machinery Co., has been
in camp du-ing the past weeb.
Postmaster Will CameFon, Mrs.
Cameson anti baby of Stewart are
home after a visit in southern
cities.
Mrs. Anna Miller has returned
after several weeks of visiting with
her daughter, Mrs. T. P. Owens in
Seattle.
A son was horn Tuesday morn
ing, March 1, to Mr. and Mrs. J. P,
S-nr'ett of Stewart, where Mr.
Scarlett is provincial constable.
John Strenhratten, better known
all over the north as “Stampede
John,” is back i-n camp after having
made a trip through the Pas mining
district.
Edward Lawrence Casey came
down from the Premier Saturday
night and had a hard time getting
through on account of the condition
of the road.
Bill Irwin rame down from the
Premier early in the week and is
figuring on going to the Kuskowin.
where there is a revival of mining
interest due to recent rich strikes.
On his return from the south
lack Adkins brought the news that
C. N. Ridley, formerly in business in
Steward, is now proprietor of the
Tumble Inn in Vancouver, and is
doind a big business.
T!, » > \?t boat brought a large ship
ment or goods for Yael Rosenstain,
which practically completes the
stock for his new store. Among
the new arrivals are eggs, butter,
cheese, Swift’s Premier No. 1 hams
and bacon, Goodrich rubber shoes.
Walter Blanton and R. C. JefTerv
have dissolved partnership, the
former taking the Silver Grill, and
the latter continuing to conduct the
cigar Store. Walter intends build
ing a private dining room at the
rear of the grill for the accommo
dation of dinner parties.
Just in. Waterman Ideal Fountain
Pens—Eversharp Pencils in several styles
at "The Midget Emporium.''
Beans and rice 10 c per lb. Rosenstain.
Mrs. Chierilo arrived on the last
trip of the Taku and is visiting her
mother, Mrs. Fred Yonng. in
Stewart.
Win. Gray, head of the Hyder
i [-umber Company, has returned
iTom a somewhat extended business
trip Outside.
Under the auspices of the Stewart
Citizens Association a dance wilt
be given on the night of March 17
in the Stewart Hotel.
W. R. Tooth, proprietor of the
Smoke Shop in Stewart, has re
ceived a telegram announcing the
death of his father in Utah.
Bert t. Smith, assistant general
managfer of the Premier, is back
from a trip Outside, where he went
to have his eyes examined.
Gat Union-made Silver Springs Beer
at Tooth's.
Pictures artistically framed at "The
Midget Emporium.’’
Neglect Denied
Some one seems to have put up a
job on the Miner last week by
handing in a sob-story concerning
a Stewart horse which was said to
be suffering from neglect. It is a
rule in a newspaper office to verify
such stories before publishing them,
bat somehow this one slipped by.
We have been informed by the
caretaker of the horse that it is
being fed negularly and wants for
nothing, and rather than run the
possibility of doing him an injus
tice, the paper hastens to inform
the public of this fact, especially in
view of the fact that the owners of
the horse are away on a visit and
may be worried over the previous
report.
A new line of delicious, fresh choco- ,
lates at "The Midget Emporium.”
Cowhides for rawhiding, at Carolyn's j
Butcher Shop, Stewart.
Roads Breaking
Because of the Salmon valley
road becoming so soft that for sev
eral days neither horses nor trac
tors could pass over it, thj .reship
ment for the Albert u> take out
fiom the Premier mine thi.s week,
amounts to only a >JUt 200 tons.
One of the tractors b-oke through
the road at Seven-mile bar and be
came almost v tirely submerged.
Both maohines are ag.dn working
however.
Dried apples ami prunes, 2 lb for 35 c
at Rosenstain's.
Picture Post Cards given away with
every dollar purchase at “The Midget
Emporium.”
Temperatures
As recorded by official registered
thermometer of Oren F. Hill at the
Hyder Drug Company.
Date Max Mm
Feb. 23.42. 34
24 .40.32
25 .44.33
26 .40.29
27 .46. 34
28 .39. 26
Mar. 1.42. 24
R* W, Turner
Passes Away
The 'last mail brought a letter
from Boyles Bros., Spokane, con
taining the following, taken from
the Spokesman-Review:
'"Seemingly in excellent con
dition Friday, when he visited
friends downtown and later un
derwent an opai^t-ion at Sacred
Heart hospital f 1*001 which he
was expected te recover in about
10 dayg, Robert W Turner, pio
neer mining man, died yesterdays
He suffered from appendicitit
and stomach trouble.
* Mr, Turner, who was born
in Portland, Ore., 36 years ago,
came to Colville with his parents
when a small boy and shortly
thereafter to Spokane where
nearly all of his life was passed.
For the last ten years he Was in
the employ of Boyles Brothers,
diamond drill contractors., of this
city as foreman and diamond
setter, having been declared, one
of the most expert men in this
line in the northwest. He han
dled important contracts in the
Granby mines at Phoenix, B. C.,
in Alaska and in the Portland
canal country. Although a Way
much of the time, his family al
ways resided here ot W'2218
Boone avenue, and he always
cilled Spokane his home.
“ He is survived by his widow,
Wilhelmina, and two children,
Marguerite, 10 years, and Robert
B., 3 years; his mother, Mrs. J.
T. Brunskill, Loryea, Wash., and
a brother, Roy Turner of Los
Angeles."
Funeral services were held un^
der the auspices of the Cataract
Commandery of the Knights
remplar.
Mr. Turner had many friends
n this district who will regret
■o learn of his death.
Try the Peanut Brittle at “The Midget
Emporium."
I THE COMMISSIONER S COURT
T erritory of Alaska, First Judicial
Division, Precinct of Hyder, Before
Hon. John T. Reed, Commissioner,
• ana ex-omcio Justice of the Peace.
John Hovland, Plaintiff, )
Against t' No. 19, Civil.
The Alguniean Develop- i Summons
ment Company, Limited i
Defendant.
To the Alguniean Development Com*
pany. Limited, the above named defen
dant, Greeting:
In the name of the United States of
America, you are hereby commanded to
be and appear in the above entitled court
held in said Precinct, and answer the
complaint filed against you in the above
entitled action, within thirty days from
the riompletion of the period of the publi
cation of this summons, to-wit, within
thirty days from the 13th day of April,
A. D. 1921, which summons is published
by virtue of an order duly made and en
tered in the above entitled court on the
26th day of February, 1921.
And in case of your failure to appear
and answer the plaintiff’s complaint at
the time and place aforesaid, judgment
will be entered against you for the sum
sf $982.00, together with interest thereon
at the rate of 8 per cent from the com
mencement of this action and the costs
and disbursments therein.
In witness whereof 1 have hereunto set
my hand and affixed the seal of said
:ourt this 26th day of February, 1921.
John T. Heed, Commissioner,
(SEAL) and Ex-officio Justice of the
Peace.
First Publication. March 2nd. 1921,
Ust Publication, April 6tb, 1921.