Halla

This is an appeal by defendants from an order of injunction pendente lite granted by the United States District Court for the Second Division of Alaska, restraining defendants from interfering with the peaceable possession of the Golden Bull placer mining claim, situated in the Cape Nome recording district. Omitting details and such other matters as are unnecessary to the consideration of the questions involved, the material facts may be stated thus:

The complaint filed June 30, 1909, states, in substance: That on February 26, 1906, defendants, who were owners of the Golden Bull placer claim, made in writing a so-called ' “lease” thereof to plaintiffs for a term ending July 1, 1909, ' which provided, among other things, that time was of its, essence, that plaintiffs should at once enter upon and work *441 and mine the claim steadily and continuously during the mining seasons, that they should do the necessary representation, that they should keep a true account of all cleanups, and that they should pay to defendants certain percentages of the values of all gold and other metals extracted during the term; that on February 17, 1907, defendants wrongfully ejected plaintiffs from,…