Show RECENT MINING DECISIONS prepared for the mining review comparative injury of smelter and agricultural ri cultural cultura lands complainant the owner of a farm which he rented situ situated atea in deer lodge valley montana brought suit to enjoin the maintenance and operation by defendants of the washoe copper smelter on the edge of the valley on the ground that the fumes and the arsenic precipitated from the smoke from the smelter injured the crops and forage on the farm and poisoned the stock thereon as well as on the other farms in the valley and made it a public nuisance the suit was in reality brought as a test case on behalf of a large number of farmers who were joined in an association the evidence showed that some injury had resulted to complainants and other farms in the valley within the so called smoke zone but that it had been lessened to a large extent by a reconstruction st of the plant some two years prior to the suit at large expense and that since that time the injury to farms in the valley had not been so serious as to render farming in and stock raising thereon unprofitable the smelter was built at a cost of nearly and treated about tons 01 ore per day being practically all of anat produced in the butte district and its production of copper was from 17 to 20 per cent of that in the united states the operation of the smelter and the mines tributary thereto constituted one of the chief industries of the state on which a large part of the population of butte and anaconda and the farms in the vicinity were dependent for a liveli livelihood bood it appeared that no better location for the smelter if as good could be found elsewhere and that it was essential to the successful operation of the mines and it also appeared that the result of granting an injunction as prayed would be to put the complainant and other landowners and farmers in a position where they can compel the defendants either to buy all the lands of the farmers at their own price or lose their own vast vast property held that an injunction restraining the operation of the smelter would not be granted on the facts shown but that if it appeared that any equitable adjustment of the rights of the parties could be made the case would be retained for that purpose bliss v anaconda copper mining co U S circuit court district of montana federal classification of zinc ores the zinc ores known as carbonate silicate and sulphide of zinc are free of duty the carbonate and silicate as calamine and the sulphide as minerals crude under tariff act july 24 1897 c 11 section 2 free list pars 30 stat slat U S comp st 1901 pp ap 1682 1685 except that when they contain lead they are subject to the duty provided on lead bearda bearing ore or ail hinds in section 1 schedule C par 30 stat U S comp st 1901 p 1644 united states v brewster U S circuit court of appeals federal option to purchase mining property Pro peny where plaintiff leased mining property with the option to purchase at and a deed together with a copy of the lease was de depos posted ted in a bank with instructions to deliver the deed to plaintiff upon payment of a sum 2500 less than that named in the option and plaintiff th thereafter hereafter ere after sold and assigned all his right title and interest in the lease and option his assignee was waa on m titled to purchase at the same price plaintiff could have purchased for being the price stated in the option less 2500 and the assignment did not reserve to the assignor any rebate on the purchase price pollard v sayre supreme court of colorado 98 pacific essentiality of Die discovery covery before notice af of location in the absence of intervening rights the fact that mineral is not discovered on a claim until after the notice of location is posted and the boundary marked is immaterial and where the discovery is the result of work subsequently done by the locator his possessory rights under his location are complete from the date of such discovery protective mining co v forest city mining co supreme court of Wl washington ashington 99 pacific sufficiency of assessment work payment of to persons employed in good faith to perform assessment work on a mining claim is insufficient to prevent a forfeiture for nonperformance of such work where such persons did no more than go upon the ground and make a pretense of doing the work protective mining co v forest city mining co supreme court of washington 99 pacific 1033 |