Show i TREMENDOUS ISSUES ARE I I I INVOLVED IN T E i rl NI T J s te The Herald S NephI Nepal Nev Noy To say that the suit bl the Grand Graid Central 81 against the J iu It one of the most import important important ant suit mining milling suits that has ever been brought before a Utah court scarcely expresses e the tte real al r re importance of the litigation which te is now being heard beard before Judge Higgins of ot the Fifth ju judicial ju u district di at t t Nephi Aside from and the immense immen e amounts in money ore values which hl Jl are at stake ques questions of the greatest moment to the mining fraternity in Tintic are to be i I settled That the ot pa tes realize x the im fin immensity Immensity of the controversy is manliest manifest by the preparations made on both skies sides and sad the expense e both sides aides have bave gone BOne to 10 a and d are going to to defend their rights The money will have lave been spent by either before the first trial of or orthe the case CM has b been concluded would be considered by b most people an independent independent I I dent fortune I A person iserson who is thoroughly familiar f familiarI j with the case e estimates e that the corn com corni I i paulea have spent not less leu than tb n 58 each up to date d te teTh 1 The Th money mone bU b gone In various ways Both mines hive bAve swarmed with Ith s stir r and expert mining engineers for forthe forthe forthe months Maps the last lait six or eight tight have been made 1 and Intricate te Cro Cro single Bingle working plans drifts stop shafts tunnels up upraises raises e and aUthe all aS the other points that go toward the development of a mine have by skilled men been put ut on There Is h a stone an infinite infinitesimal chunk of of quartzite or a Sar in piece niece either of t tte e mines that has I spar into a map for ex ox not b been n o ed before Judge Higgins The Mammoth maps mP for jj the greater part c already been n shown There mere ts is isone have greaT cabinet hung thickly with one great that run n up ip P and d d down W on s S m mP exhibit Is 1 rollers llers curtain A Another the mine mineI of the Mammoth v model a glass the he exactly I levels ls and an bow hous al aJI the lev It II I t amount vl v work done on us each The ine TheS Ther j S r tyro lyro in the te business of mining I I I can look lo k at this model mode antI and an learn as much at a glance as he te by sev soy several several eral weeks of study of the actual in interior tenor 1 Other Big Expenses All AU these things cost money but the expense of making them is a mere drop in the bucket compared with the ex ox expense pen Dense e of ot hiring experts to make examinations examinations nations and to attend court afterwards and tell teU what hat they learned on their i trips through mines Again the I J cost of development work by both sides I for the purpose oC of this suit must be betaken betaken betaken taken into consideration con Some of this will ill of course cou prove valuable in other years but it was as unnecessary at this thi I time lime Just what the Grand Central people ppl have done in the way of maps mp and e I hibits will wi of course courS not be known k w un until 1 i til that t side aide ef of tn case ce has been ben pre pee presented seated ante t C P Bloks of ot Brown Brwn I Brooks of Suit Seat St Lake is i here at t the I head hed of ot a corps of draughtsmen en engaged engaged in i getting crp out ut more maps ma from I gge notes taken In the Grand Central and an which will wiM m be used need ed at at the proper pp sea season season son sonSo sn So S much for preparations At this point a brief history of the suit will not be out of place The accompanying wi ing map and cross cr section seton wIn will wf amI ex ox explain e I plain many points which would other otherwise otherwise pint wise wis be unintelligible Some months m I Iago I ago the Grand Grani Central discovered or I thought it i discovered dl ov re that the Man Mam Mammoth I ru moth was 88 taking ting ore out of ground that did not belong to that company As a matter of fact the the Mammoth mth really raly was as taking ore out of at Grand Central ground gound There is no dispute about abut that tat The point is whether the theore theore theore ore being bing extracted by the Mammoth belonged bonge to the t Grind Grand G d Central or r to the theother theother theother other party to th the salt silt Tn 1 Grand Central Cf people believed Ui ha lareto f re e to t be heirs heIrs j jIn In their complains they the Mammoth with wib t 8 9 oh sn claim and and asked ake for fur a i judg judS 1 ment for GO for ore already taken keD Later Lter the te same plaintiff asked for SO SOG G more because beuse the Mammoth had taken that amount of Y dirt out of the Consort another Grand Central claim In reply the Mammoth filed fed an answer and cross cros complaint setting up that the company was following its is own ore vein and that it i had a a right to go gc with wih it into Grand Central terri tern territory territory tory or nr anywhere else it i might lead the Dispute Arose Thus the issues were joined Great ore bodies bodie on the 70 and levels of the Mammoth were the points in dis dispute dispute dispute The Grand Central in working down on its claims struck this ground gound and at the same time made the discovery ery er that the Mammoth was working from above on the same ore The fact that the Mammoth filed med a cross com corn complaint complaint plaint really realy makes mak s that company the plaintiff although the title tte of or the suit remains the same Therefore the bur burden burden burden den of proof is on the Mammoth and it itis itis itis is compelled to present its is side alde of the he case frt The questions of apex and nd extra lat fat lateral eral rights are the keystones to the arch of Mammoth testimony thus thu far During the week just ended the th ex experts exports ports the iners and other witnesses who have testified have attempted to tp show that the apex of the he vein is in inNo inNo inNo No 38 3 this being bing the title tte by the Mammoth claim is known in court It I has also als been attempted to be shown that the vein matter is continuous oh o its is dip under the te side sidelines sidelines lines df r No 38 3 through the Bradley and Golden King other ther Mammoth claims i I J fla J If 1 COS don doni done i I I e S Se fOk i e 76 i S I IJ 5 t S Ii S S S 5 J 0 S ri n nS S I S SI SI u I t I S k i t J S 1 er erS t r C j S S Of Oft f e i it t t n f l d dl v j ii t i d dH dJ f S S f 5 t S SI SS H I d S EXHIBIT A A SHOWING CROSS SECTION OP OF SEINE and into ito and through the t e I and through the side aide lines of the Con Consort ConSort I sort It I is quite quie generally believed that if the Mammoth makes good its it apparent theory thery that it has the apex ape entirely its claim that settles within is original the controversy for under the law of apex a company which hason has one is per permitted to follow its vein through the earth erth if that were possible no matter mater what hat direction it i might take In its is dip The fact fac that Grand Central ground gund has been dug ug into would cut no figure in the case ce at all aU aUn It n is said that tat the Grand Central must mus take one of two defenses Tile The Tle first is to prove that the apex of the r vein is not entirely within the end lines of No 38 3 but that part of it appears in the te Grand Central outcrop outcroppings outcroppings pings ping The other is that the ore in the Grand Central Is a chute or chimney chim ey of entirely different character from the Mammoths Questions asked aked by Judge Dickson and Senator Brown on behalf behal of the Grand Central have made it possible to adopt either of these lines lne Senator grown Brown Irown was wa particularly vig vigorous vigorous orous orus in 11 Ills his Is of Sam Samuel Samuel uel nel McIntyre president of the Mam Mammoth Mammoth moth moUt on the te point of similarity In the theore theor theore ore or He pressed the witness hard with wih I searching sarching questions aa a to whether or not the th ore re n No 38 3 was as of I it the same character r as that in la th t the e eo and 80 M e ewas was quite positive OR ea 0 this U point Judge Judg Rite Hue of nation naton was en the question of apex ap He wanted the witnesses to be sure that alt ail the out were on onNo ono onNo No o 88 I and most of them were sure It ItIs I Itis Is 1 of ot coure course surmise s sw to t which of these the defenses defense will wIlI wi be taken up or pro r whether either ither will be used The at attorneys attorney wi torney for the te defense have thus far fars steadfastly s 1 refused to give even een the te faintest f et outline of f the character of ed oft t testimony or their theories therie They Theys say s it ft would not be b right to make any tny kind of f statement at this time other Ulan than that they are ard pleased leed with wih the progress Doge of the case cas The exact amount of money involved I in the te action Is practically impossible Imposible even to estimate The pleadings In n the cas cs case r Stow show that tt the Grand Central may get getT gt a judgment for r or the Mammoth for These are the j 30 t amounts lounts of the claim and counter counterclaim i claim But either sum is insignificant I I when compared the value evalue of or the theore theore I ore te the ownership own of f which th IC h will be de decided decided eventually by the highest trl tri tribunal bunal in the state |