Show NEW PROBLEM IN MINING LAW NOVEL CASE OF underground TRESPASS salt lake lawyers in the th carson cites suit against tho the north star company some new and interesting questions in mining law aro are inched in tile the suit of 0 the C carson arson city mining company the north star mine alch aich carue came up tor for trial before judge beatty in the united states circuit court yesterday the amount involved Is which the plaintiffs ask the defendants fend fenda ants lits to ray pay for or ore alleged to have been taken from their ledge during the the three years prior to september 13 1831 1891 v ahen hen the suit putt was commenced scarcely had the case been opened N nhen lien a question involving a new principle in mining law was advanced by the plaintiffs ala it Is as novel as a lt it Is important and counsel took up nearly the iho whole day la in arguing it and may require a day or two more before it Is submIt submitted tc A to the court judge beatty admitted that ho he had neer seen a decision that touched upon it neither had any in y ot of the counsel in the case judge A L L ellis and W 11 II dickson of 0 salt lake and C W kelts of 0 grass valley are counsel tor or the plaintiffs anti and C 11 II lindley Is appearing tor for the defendant assisted by harold wheeler and fred 1 bcd searles each side la Is armed m ith models and maps without number and prepared for or a legal battlo battle of 0 a fortnights fort nights duration tho the action Is a suit in trespass brought fly by tho the earon caron ear car on cur city mining company cora pAny a nevada corporation tho the north slur mining company a a california they have adjoining pio in nevada county in vi what hat Is known a as 5 the grass valley district aach ot of the parties I 1 sixty acres of it surface tho the north stiles stars ground being patented under the name of it the irish mine tho north star mine comprises a a great cat number oi of locations made in early days as far back as 1851 and prior to thu the congles act of 0 july 1366 under which the north star company acquired deeds t to 0 some claims it pot got others by actual oc occupation and through their predecessor de cessor cesor in interest these they consolidated soli dated and in 1863 made an ap applina tion for EL patent in uhic they embraced about of these theae early locations the patent was issued after the congressional act 0 of may 10 2872 for or the north star feln ein or ledge in developing their lodge ledge ehl the north star people claim that they followed it from rom the apex which Is 1 situated within the limits of 0 their patented ground noi ind on its dip for a distance ot of 2100 2400 icet feet on an incline shaft which has haa carried it under the surface area of the iho patented ground of 0 the carson city company aront the inclined Inc lloid shaft beneath the surface area of oc the carson city claim and from a network of drifts and alia r is it la Is claimed that the north star company has out a large lare amount at 0 v valuable a leable ore are amounting to several millions of dollars however 1 the he action of the plaintiffs in this case Is 1 s only tor for chich amount tile north star company lu Is alleged to have taken out in the three years preceding Sep september teia 13 1891 the north star company justifies its ita action in extending its shaft beneath the surface of the carson city property and taking out ore on the incorv that it has followed uwe the ledge from lla its own ground and claims extra lateral rights in justification of the trespass alleged allt fed IT by the ih carson barson city company counsel for tho the defendants announced to the court in III opening the case that ho he was finable to describe upon the surface of the north star patent claim tile tho original locations mado made by tho the predecessors in the alio inter interest cat of the th north star company that ho he did not bellee it necessary and could not lot show and not necessary to through A what hat particular locations n now consolidated tin vein did pars paes in order to entitle tho the north star company I 1 to extra lateral rights lie ile claimed further that hat the issuance of tile the patent upon tho the consolidated cornbo corubo 11 dated claims would went confer extra lateral rights and he relied upon ullon this patent counsel lor for plaintiff demurred to tho the introduction of 0 any testimony which tended to show tile tho continuity of tho the vein from tho the apex in the north star fraund down beneath beneat bL the burac 0 nt at the carson city mine ue ile saad bald evert if defendant could bhoj the continuity or 0 the vein from its apex the defendant had acquired no extra lateral rights by virtue of ula his patent dickson argued the elie question for or tho the plaintiff yesterday and had not c completed am his big arru arrement ment when ahen court adjourned jour ned lindley has not given notice yet yei u hether he wilt will take part in the argument it he does judge ellis will probably close tho the argument anti and may follow hla his colleague la in any event sim sani francisco chronicle the fool feet at larg Is tho the who persistently neglects hla hie health arid ami the mans of arc serving land and restoring it many iHra ons who tire are constitutional idiots do this they tire are genuine objects at 0 compassion cis ad well as censure A failure ot of appe app tile lose los ot of sleep and flesh impaired an uncertain plate 0 f tho the bowels ond and symptoms of 0 biliousness ore are so no many ot of the app approach roath of disease to them la is abject lolly folly which offended nature in due litno alinn punishes severely acly it not fatally that and thoroughly Ehly reliable live of 0 bodily machlet la in the sluice sluipe of 0 chronic disease stomach Sto macli dittem will it if resorted to in allm avert those to tho the removal removal of 0 which it Is also tilso fully lie among leeso aro are chronic indigestion liver complaint kidney troubles conati patton nervousness ia aia |