| Show GRAND CENTRAL WINS BIG SUIT UIT V Nephi Feb 17 Judge Judge I Ihas I has filed fed his decision In the great mining min mill In ing case It It-ia It Ils Is as follows In the District court court of the Fifth Judicial district County of Juab State o of ot Utah Grand Grand Grand Central Mining comp company company com com- p pany ny a corporation plaintiff vs Mam Mam- Mammoth Mammoth moth Mining company compan a a corporation defendant In September 1899 the plaintiff commenced com corn an action acton of ot trespass against the defendant for or the recovery pf of the values of certain ores oies which it charged had been een extracted from the southern end line Une of the mining claim by said defendant II II The defendant filed fled a denial to the complaint and also a counter claim caim in which it i alleged title tte to the vein from which the ores in 11 question queston were taken In Tn Its third amended counter counterclaim counterclaim counterclaim claim flied filed fled on November 20 1901 it I claims alms to be the owner ovner awne of the first northern northEr extension of ot the Mammoth lode ode mining milLing claim caim lot SS IS 8 the Bradley Bradle lode ode mining claim the Young Youn 1 i il Mammoth Main Mam ammoth am- am moth lode mining claim the lode de mining claim the Welding lode mining claim the Bes Bess lode mining I claim aim the Jenkins lode ruIning mining claim lm cl-lm and nd the Golden King lode mining claim and nd It i says says that within the surface lines nes of the said first northern norther exten- exten sion on of the Mammoth lode mining claim caim there thereas icie was as and is a vein lode and ledge of f rock in place of bearing gold sli slier siver si- si sIl- sIl Vet ver er copper and other precious metals havIng laving Its Is apex within the surface limits of the said first fast northern ex extension extension exten- exten ten tenon sion on of the Mammoth and extending upon pon Its Is strike t from the point where the le said lode at its Is apex crosses rosses the southerly end line lne of lot 38 to a point 1100 10 00 feet north of said southerly endIne endline end line Ine ne and within the limits of said claim but ut the said apex and outcrop of said lode ode is Js very wide and in consequence of f said great width of said lode the same ame overlies the east eat side line lne of lot 38 8 and a portion porton of said apex is found within the limits of the said Young Yong Mammoth ammoth mining claim and the Shey Welding and Bess mining claims and I upon pon the west side of said lot the I said aid lot extends over the westerly side sidelInes lInes Ines nes of lot 38 and a porton of of said sid apex is found upon the said Jenkins and nd the said Golden King and the toe said Bradley radley mining claims belonging to said aid defendant but during the whole distance Istance of 1100 feet fro from i the southerly southerly south- south erly end lne line of said lot Jot 38 the said apex of the said Mammoth lode as aforesaid In n lot 38 does doe not at any point wholly woly depart from said lot 3 38 THE JURY Upon the trial of this cause a jury I was vas called caled a as as advisory to the court upon pon certain Issues s which were sub- sub submitted to them jn jn- advance of the taking taking tak- tak ing ng of Upon the preparation tion ton on of these issues counsel for the defendant requested requestEd the court to submit submit submit sub sub- mit to the jury an inquiry as to where the le strike of the vein was to be found If 1 they should be of of the opinion that It t did not continue in lot 38 as a far north orth as the southerly end line lne of the south end line lne prolonged across cross lot 38 3 x The counsel for the the plaintiff objected to o the submission of such a question queston upon pon the ground that finding upon it I would not be material to the Issues Issue framed by the p and counsel counselor for or he the defendant company COrpany thereupon replied that if such a a question queston should be e submitted and the Jury should find In n responding to it that the vein does dos not ot continue in lot 38 up to the southerly southerly south- south erly end line lne of the claim prolonged eastward across lot 39 30 but departing before It reached that point It t still sti continues on its strike north and nd parallel to the side lines of lot 38 and nd in the Golden King ICing and the Bradey Bradley Brad Brad- Bra Bra- Braley ley ey claims he would then ask to amend the he counter claim to conform to such findings The court however did not submit submit such a question queston to the Jury AS TO THE TIlE APEX At this point it may be as well wel to mention menton that upon the coming in of the he jury with wih their findings the court estimated and expressed its opinion that hat the apex was between the south southend soth end nd line lne of the prolonged eastward across lot 38 and the 1100 10 foot toot line ine lne in the Golden King Kin and the Bradley Bradey Bradley Brad- Brad ley ey claims and that thereupon Mr John ohn M M. Zane of the counsel for fol the defendant defend stated state stated that if i after a consideration con- con of the case the court should hould announce that conclusion In n its opinion the defendant would desire desire de- de sire Ire to make an application to amend amed the he counter claim to conform to that finding These circumstances are mentioned to show th the interpretation put upon the counter cunter claim by defendants defendant's defendants defendant's defend- defend ants ant's counsel and to make mke it i plain that hat it I Is conceded concede by them that an amendment would be necessary to entitle en- en title Itle tte them to a decree if i the vein Is found bund to have its Is apex entirely in the Bradley and Golden Golde King mining mIRing claims At the outset let it be understood that hat no attempt will wi be made made to exhaustively exhaustively review the mass of testimony given upon the trial of this cause cause The hearIng of the case occupied more than two months of the courts court's time and the pressure of other business makes ii it I impracticable for me state the evi evi- evidence dence In detail Neither shall I make an effort to I efort explain explain ex ex- plain the case so elaborately as that the whole controversy may be he compre by persons unfamiliar with the mines In question queston or with the testimony testimony mony taken and the maps exhibited at atthe atthe atthe the trial trIal I think I shall have met the Just expectations of the parties partes In In Interest Interest In- In n terest if I shall briefly state the conclusions conclusions con con- at which I have arrived and some of ot the tle reasons upon which I have based them The parties pates do not differ ma materially in their views of the facts in this cause and it I is regarding the conclusions properly to be deduced from the facts practically agreed upon that this arises CONCURS WITH JURY JUny I have already said that I concur Inthe in inthe inthe the finding of the Jury that the vein on Its strike passes pases out of lot 38 at the Cunningham sLope The back back fissure certainly does leave leav lot 38 at that point and that fact alone would wold seem to dispose dispose dis- dis dis- dis pose of the issue in favor of the plaintiff I company the defendant In th the th counterclaim counterclaim counterclaim counter counter- claim But the merits meris of the controversy controversy controversy contro contro- versy cannot be narrowed as It seems seem to me to the mere question queston of the lo location 10 cation caton of the apex in lot 38 This is the form the Issue has taken it is true tre but the substance of the controversy controversy controversy con con- between the parties partes wholly aside from the manner of pleading i ithe Is the question queston Does the Mammoth MI- MI company or the Grand Central Mining Mining Mi Mi- ning company own the ore bodies underneath underneath un un- un- un dereath the and the Consort Consort Consort Con Con- sort claims between the planes drawn downward through the south end line lne o othe of the prolonged and the 1100 10 foot toot lne line In the last analysis that Is i ithe the real controversy As the ore bodies lie le underneath th the and Consort mining claims presumptively they are the property o othe of the Grand Central Mining Ining company an anthey and they cannot be entered upon by th the Mammoth Mining company unless th the latter later can show they are ae in a vein o or lode which has its top or apex aper with within the boundaries of some claims of w whIch It is the owner In the thep present s n action the d defendant co company pan has sought t to i f Y show that such euch ap apex x exists In lot 38 between the planes h heretofore mentioned men men- men men- toned FINDINGS FINDINGS The Jury has found with wih the concurrence concurrence concurrence concur concur- rence of the court court that the apex roe does doe not not exist there but the facts do necessarily establish et that the ore bodies bodie in question are not ill i any vein or lode queston of ot which the defendant company has ha the apex Upon that thit point as to whether the apex of the lode is In any claim or claims owned by the defendant compan com com- pan pany I think it proper to express my views because It should always appear from a decision in chancery chancEry upon what I grounds the Judgment has been given against the party whether because It appears he has no rights In the matter mattern i in n controversy or whether he has failed Caled I Ito to o establish the rights specifically claimed aimed 1 in his pleadings The vein the apex of which is in con- con controversy In this action acton is s one founded is Ig by y replacement The country limestone and the mineralizing solutions tons ons by which all al parties partes agree the ores were ere deposited have followed up such fissures In the limestone as extended to o the deep eating out the limestone on each ach side of oC the fissures and depositing ore re in its Is place much in the same samE maner manner man- man ncr ner er as in petrified wood the vegetable matter latter has been replaced atom for at atom m with ith silica sica This replacement of the V limestone with ore oie has been in places inthe inthe in inic the ic limestone that the mineralized solutions tons ons found favorable for the deposition of f their riches What conditions s ren- ren ten ten- dered ered particular portions favorable geology geology geo- geo logy ogy does not teach us although the fact act that the the fissures have been the channels through which the log Ing ng solutions or vapors made their w way ways y Is s quite manifest We Wedo do not not always find nd ore in the fissures or even in fn sparse because many of the fissures in the line lne do extend to the source of but when whOn we wedo wedo do o find ore or we very uniformly find it the sure ure through which the solutions passed upwards INSTRUCTIONS In view of th the nature of the country and nd the manner in which the ore has been een apparently deposited I instructed the he Jury that the limits of tion ton lon must be regarded as marking the mils limits of the vein or lode I concurred with the Jury in their findings that the 1 apex is not found in lot 38 within the V planes lanes in controversy for the reason that hat the does not reach upward so as to fall fal within vertical planes drawn downward through the side ide lines of lot 38 I shall not explain why I stated to the he Jury at the time of the rendition of their heir findings and why I believe beleve that the he apex of the vein in which the ore bodies bodies' in dispute ale are found is in the Golden King King and and the Bradley and likewise like like- wise ise my my- r reason ason for believing that the strike Is not as as' claimed by the plaintiff company and then it i will wi be perceived that hat the conclusions which I have deduced deduced de deuced de- de from the testimony differ widely from rom the views of both parties partes to the ca cause ause se I therefore submit them with wih some ome reluctance and vand take pleasure in assuring the able and nd experienced counsel coun- coun sd sel el for the parties partes that I do so with wih the he utmost deference to them hem THE VEIN Starting at the surface of lot 38 at athe atthe atthe the he Cunningham we are in the yen vein and it I is the point that the plaintiff plain plain- tiff iff tf company contends the v vein ln turns and proceeds in in a direction approximately approximately approximately 51 degrees and 30 minutes west true rue The proof of the correctness of this his contention is very VEry essential to the ultimate success of the plaintiff company com corn company pany for it is conceded that from the Cunningham st pe down to the ore pee bodies in dispute you go into the earth at an angle of 70 degrees from the hor- hor every foot of the way In ore and if you be not then going along the strike of the vein you are going upon the he dip from an apex In the defendant ground I take it from reading the act of Congress that the strike of the vein is its course through the country as contradistinguished from its inclination inch inch- nation naton downward Now it l is conceded hat at t there r rs u is s a v yen vein nl coursing o t through u h cpa ne country substantially parallel to 0 o and fe within the side lines of ot lot 38 as asar asfar asfar far ar north as a the Cunningham but while It is insisted that at this the vein turns to the west vest est at the angle above stated the evidence es establishes es- es as clearly as if it were ad admitted admitted ad- ad of record that you you m may y pass through the Cunningham continUing continuing contin contin- north 18 degrees 65 55 minutes east along the Finn tunnel level clear be beyond beyond beyond be- be yond the foot of the Condon In Inore Inore inore ore substantially every foot of the way waya a distance of feet Going Gong along the Finn tunnel in the direction stated you enc encounter unter the 05 the But Butler r rand and the raises and the foot of the he raise Is a about sixty feet long by about twenty feet high Returning to the north end of the Cunningham Cunningham Cunningham Cun Cun- w where here it I is found reachIng reaching reaching reach reach- ing the Plummer level ore runs north i of the scope upon a course last given for a distance of feet and at that point a goes down from the Plummer to the foot level a distance dis- dis distance distance dis dis- tance of ninety feet From the last spoken of on the Plummer there is ore still to the north namely as far faras faras faras as the OBrien O'Brien vinze a distance feet north of f the between the Plummer and the foot level and from the OBrien O'Brien on the Plummer in inore inore inore ore th that t connects with the ore of the Cunningham for twenty feet further further further fur fur- ther at which point may be found another another another an an- other going up for a distance of oft thirty t feet e y toward r f the Finn n La and t then f you may may go s till still sti further urther north till tl you are are seventy feet beyond the 1100 foot foot line lne and you are still sti In ore so that it seems clear cear to me that while the veto vein left lef lot 38 at the Cunningham as found by the Jury it did no not turn off of at the angle angie claimed by the plaintiff It I is certainly too plain to dispute that In ingoing going down in the Cunningham Cunningham Cun Cun- as far as the Plummer r level at least you yoP are following the vein in its Is downward course into the earth as contradistinguished from Its from It its length lEngth and Indeed Prof Jenny one c cf the plaintiffs plaintiff s w witnesses expressly ad ad- as a I shall point out later that tha not only the Plummer level but to th the foot level In descending from the Cunningham we go down upon the dip of the vein |
