| Show THE TEE EMMA MINE MIME OASE CASE la in july la hafl A judge mckean decided 43 a equity mit auit between the eloma mm min ing company Corn piny and the illinois nois tunnel company the ilic ang and mm min ing arff journal of new york warmly a applauded P that decision in november last judge mckean coated precisely the atoo doctrines in a luty trial between alo aico same par parties unit and now tile ilic and Mirin mining g journal bitterly denounces and gr ghostly that charge the ike language of the he journal bowa i malice 1114 somo some if disappointed ip Utah lawyer writs that aut tonal for mr IL 11 W raymond Ka imond 1 wo s publish bylaw tile charge ot or tile the jud judge c be that oui readele rea dere slid and pat I 1 5 ho miners may fee how flow utterly false ai n the article so ro adopted and til kp proved toy by mr haywond we under stand that tile have hava abandoned all idea of appealing or arlor l to la the hus aam A ewt bof 0 vie t mma co lien limited teal vs TS tin and linon illinois 2 mimel co and ami othet SALT LAM CITY november ml oftie jury somo some of the ano anil certain other 1 r 11 vs 1 named sit in the complaint but not par purlin 1 to this thi suit luit formo or mirly orly clomped hold slid ta t solve extort do eloped a crunn certain mine of nl vor tor oro on in tho cho lituss Coltun wood dohnel and described As ai follos fol lonii liccar aivear felt ir anil upon that cerium vein or lodo lode known mil and described as tile emma lode 1010 and nil commencing on tho the discovery shaft upon said todo known ad ills woodman aft and thence mantill ran till arly following sni the course of or the lode larl louo linear antar fitt and commencing again lit ill ld clift and it tatnell running westerly following the its course bouno of the lodo lode aw linear axt unlink making in D til all 2400 immar id ax I 1 on and along md lodo or voin and bd embracing the same mn viall lib nil all ito tied 21 porn an I 1 ind and N variations for orah tile bald da notion co ol 01 alaj Al lj lufair fatt with ill a fifty any foot in ID width upon the abo sur suffice fice on tech endo of tho the amid vein rein or lode jodo throughout the extent of id claims tor for the war working king and more particularly described in a aup attached to tile compla mL huep tile faid tot claimants and others who lil bad become jointly with them cr or their Loo signs by d dil cold conveyed til all choir thuir in terent in the bald anno to the emmi EMMA biller mining of utah and on tua the buil h day 0 of my bray 1871 tho the lai liiri bauier compan ct olivcr ly by cepl tho same to tho the EMMS mining g company 1 l 0 york on cab abo I 1 1 adny ul october Oe toLor ivo the pax cirlin tio then IQ of tile ame mme applied to the goodern C of of the ibo called blahs lur lor a patent for the sold mid mino mine tod awl prin liseo and andon on the 2111 ily day of august 1871 the said ly bt I 1 atun tard patent gran to gold baid and aid all mineral clim or prem nias abuse abo described and ili 10 such much desi with mill the to follow said emma depati dr parit to ein cm or lode to tho the distance diB tanco of annh four hundred immar loot feet with wilh its id dips onliza angan and nl TAna nond tiona to oy key depth although alc housh jt it doiy to enter chur tile jand ad jobling to have and aind hold ho dd laid aid premises hor with all tho the rights pried 4 gos immunities and of what boover nature longing belonging ix adur atur dardr in september anti nd october tho cho said patentees by dolda doens to conTo riveted cd to tho the said aid emma bavor balver malaina C company or of now york tile title so 10 acquired kc and till all the choir tr in if cost in abo etaro broo oa ho day of xoi nn er 1871 tho the emma mait silver i mining company Compi uy of I 1 tit rk by bcd corive ved the aill mine luino ad premises to the plain tatt la in of tile the um sum ot of too million uvo live hundred thou und land dollars dolli ur tad and tile plaintiff immediately catered into of we property properly so 0 o conveyed ibo various that boro bare held beld posses doa dion or of thu his millo have bare in the iho development of the same constructed many works work luch lu do ah lifts junnila tunnila tun nila dirt virtlow loW ir iaze and nd ra diwi m in t he in cho mine is in si fuata 1 ID th abr at amo me taming mining district tre are them abo hir md lod magnet lodo lodl a nud lad tho the cincinnati lodo lode it which luch were irem lately claimed tind lad hold held by tile do da fe fead adans inte milis ho lor loiko tim lad keen been cn 5 c liu tal ailed the millous tunnel arl or the b of thom bolm about ibo tho tali of A ut april the iho men lit at work on tho the illinois tunnel broke through into the iho works constructed by tho the plaintiff or its ita gran grandors grantors tors in the we steril of abet cho plain till claims tollo to be cho do dolled portion of tile the emma mine tho the plain workmen or men stop stopped up t tho 00 opan kcf ios thus madorno mador nl for a ft month tin there a are to have teen been no farther bakr forcum but early ir in june cwm ovas to the ibo toxic of the iho 1111 bibioff ow uri on the mountain a part of the emma mino mina caved cared in anti for some dati abo plaintiff plain tift a alore thus pro pre vented from IK nitrating net rAting to t tho h a lesterl westerly y port part of the fol unties works who a hower cr they of bt length succeeded in doing go 0 o tacy found all tile tho dovel opeil biloon or drdla la in that part of at the borla wet and above the first or tiller or tunnel in tho the poo camon of tho do kr krufal ulal how hoso forcibly forti bly beld tio amo ma and drol broo droo 0 back clio plain ala 1 employee this disputed ground largo amount of oc vory very rich bearil 0 ore re Thophil tho litiff claims that this oro is martof port of the be emma mine tile iho defendants dray deny it tho the bag baa brought this action against defendants diton dante for 1 l a od col tr M tile tho boa baa introduced much lc with abo a view tie of showing ibo wini that tho the original euima emma mine and the ho body of oro ore ozrd hvizd by br tho the defendant ere r onland the clio we m vein or dl deposit posit of oro ore tile defendants hato bare no testimony tali mony find aud the counsel tor for tile tho autie without of the jury air havo have th tho 0 cai nm caie e asking tile ho court to llo charge you tho the case isoko isone cf great importance contle men bion for it meals 0 ft D 11 que butin of law la like tu oct of chic h W nil I 1 11 b baioa ANOA great miletues on n too tho interests or of this territory it t 11 s tor for tho the court slid and not tho the afy jury to fass ra upon that question of law jaw storo aro too to questions of tact fact for on gentlemen to pus pasi xin upon of fact aro are first A are the iho original EMMA liuo and tho the body of oro ore kazul upon toy ly the defendants ono one anil and the same veto rein da dapont or body of aelier bocar 1 01 second acco oi if they aro the ammo thin 11 ciuch n ell camago d Is id tuo the plaintiff entitled entitle dl if from tile tho evi crid denoo youl you ahall answer the fir farat question qu cation ui in tho the affirmative then nill ill suise this question tion of lair can an alio tiff hold under its patent that porn portion of such auch body I 1 of era cro aji ad a upon by bv the iho deafen lani ait it aluig nil nc to bo in iho land d sia jo ing and d outside of the abo lateral but not nol of th abo e haar our a limits of the patent tills ill u for the court to iiii cr it inal may bo be pertinent to ni ask what arro the bo of lie owners of tho the emma mino caton or norn oln before ll it patent nan to 0 o them it ill it not bo be daml that thai they ibry hada bad a right to the vein voina bald od bolta dir variations varia tiona u part of tho jiin ithac ngat to follow rota fola tho a vein in its if length so fur far lett aa it wu else rightfully loo ono atod in dc doplh ill to tho the center of the art artl la ili breadth ad albough ugh it enter the land d adJo usang it if tamen tho men who ho held tile mine buino before the p t wai van issued were tho the lawful lanful then tewo alose were their ngau and a patent cat regularly regu lirly issued to thorn them confirmed latt rights brikha 2 aho he boundaries of a patent nu go far as a the iho surface of the iho orlu lj 6 concerned must remain where the government bacs fix them but under tile tho patent in tad had the act of andr which is was iraa issued 14 at large tho the may follow the vein or lodo lode with nth its ila dir anaice lad and variations variation to ti tiny any depth although it il muy may enter the like lands landa adjoining ahall be sold mild subject to lo this abia condition condi uon it will bill not do so learned counsel mau contend nd to giro force only to the abe words 11 to any depth the clio words although it way may rater enter tile ind lind l been avo a weighty import government should sell the land adjoining oo 00 a willior tiler side ido of tho vuin or deposit of ors orn covered by 1 tho he a patent C un that government could not 1109 con conarty to 0 another the to to t the be tuel r bearing ore iq in such adjoining land it must uch land to the condition tadd to in the ibo patent but there li is no LO proof in this cabes nono none of any conflict pawing growing out of LOY any other patent or of tny any alor prior location of any othor other mining cleave I 1 ore are im BO questions now noir to bo be considered save the two lo 10 questions que tion of fact and the ho single quee qu aillon tion of lw law already latch stated and tile court lumber nor intimates any to pinion any qu aillon tare that loa ot fim law lair it u tied thai chat tile the body ol 01 oro ore la in dispute llo ike laterally lat trally in laud adjoining the und undisputed imputed em emma vein or do and if you find and from the be IM evid that it la part ef tatt tun or do ria pool of ore triin I 1 charge ou As matter mailer of aar aw that bat 00 hold bold it ill h I 1 io this cuon action tho the jury returned a verdict of aock for tho the plaintiff |
