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Show 10 INTER-MOUNTAI- N Abstract of Recent Mining Decisions. ORE AND BULLION. There is a little improvement in the ore situation, but the storms of the past week have kept the roads in a very bad condition. The ore settlements show an increase over the previous week and the bullion output a decrease. The ore receipts were of the value of the previous $106,631, against $66,550 week. The base bullion output of the smelters was $56,922; cyanides, $17,475; miscellaneous, $2200; total bullion output, $76,597, against $81,226 the previous week The base bullion output of the Salt Lake smelters was as follows: Penn sylvania, $10,022; Hanauer, $20,000; Germania, $26,900. Ore purchases were reported as follows: Germania, $33,200; McComick & Bamberger Co., $26,800; & McMillan, $21,331; Commercial National bank, Bank of the Republic, $3000. McCornick & Co. handled cyanides, $17,475; Commercial National bank, bul- lion, $12,-30- 0; $2200. SILVER. The silver market has shown a tendency toward lower prices. The French mint has taken a considerable amount, but the demand is now satisfied and price of prices arc lower. The average 68.40 cents, silver during March was against 61.98 in March, 1895, and 59.49 in 1894. Following were the fluctuations during the week: 68 68 Monday Thursday 67 68 Tuesday Friday 68 Wednesday Saturday Record Prices. of ten Highest (covering a period 1890. years), $1.19, August 19, Lowest, 58c, March 3rd and 5th, 1894. LEAD. Lead remained at $2.90 throughout the entire week. The expected advance is slow in materializing, as the consumption is lighter than anticipated, and the offerings of the Western duct continue heavy. pro- Record Prices. Highest (covering a period of ten years), $5.25, in October and November, 1890. Lowest, $2.87, January MINING REVIEW. 10, 1896. The Exploring Syndicate of Mines and Mining company of France has started in to do extensive placer work near Baker City, Or. Mr. John W. Young, general Western manager for Fraser & Chalmers, has returned from Montana. Prepared for the Mining Review' by George Westervelt, attorney at law, Salt Lake City, Utah. Mining Partnership. Under the provisions of the Montana civil code, to constitute a. mining partnership, two or more persons must not only own or acquire a mining claim for the purpose of working it, but must actually engage in working the same; and the fact that one part owmer of a claim is charged ty another with wrongfully extracting ore from a portion of a vein, the apex of which is alleged to be within the claim, does not create the relation of mining partners between the parties. Anaconda Copper Mining company vs. Butte and Boston Mining company, 43 Pac. Rep. 924. (Supreme court of Montana, February 24, 1896.) Tenants in Common Remedies Inter Se. Under the Montana code of civil procedure, which provides that if any person shall assume and exercise exclusive ownership over any property held by tenancy in common, the party aggrieved shall have his action for the injury the same as though such tenancy in common did not exist; held, that w'here a mining company, which is part owner of a mining claim, from its own shaft on another claim is extracting ore from a vein on the claim owned in common, though in a proper manner not constituting waste, such action is an assumption of exclusive is ownership, by which the and the aggrieved; may maintain an action to enjoin such use, that being an appropriate remedy for the injury. Ibid. Master and Servant. An engineer, W'ho, knowing the dangerous condition of a boiler, and after complaining of the dangerous condition thereof, continued to use the same, assumed the risks of an explosion. Bridges vs. Tennessee Coal and Iron company, 19 Southern Rep.. 495. (Supreme Court of Alabama, January 30, 1896.) Public Lands. Conspiracy to Defraud by Unlawful Entries. A conspiracy to defraud the United States by making unlawful entries of public lands cannot, for the purpose of avoiding the statute of limitations, be split up into different conspiracies for each section of land entered, or for each overt act done; nor can it be held that there is a new conspiracy by the parties to the original conspiracy, W'henever a newr party is brought into the scheme, so as to make the statute of limitations begin to run from that time. The United States statutes merely recognize the common law crime of conspiracy, and the courts must go to co-tena- co-tena- nt Rep., 159. (District court consin, Nov. AV. D. Wis- 26, 1895.) A new point in mining litigation was argued before United States Judge Beatty at Boise last week, in the case of Royal and Bradley vs. the Shoshone Mining company. According to the ac- count given by the Statesman, it is an adverse case and was started as an equity proceeding. Judge Heyburn, representing the defendant, demurred on the ground that it was a law, not an equity case, and should be tried before a jury. This demurrer has been argued and taken under advisement. This is a point that has never been passed on by the Supreme court. There are very few decisions of any kind bearing upon it. Judge Ross, on the district bench, decided some years ago that adverse suits were equity proceedings, but the decision was not carried up. In Idaho Territory, Judge Broderick decided that such suits were law cases. In Utah adverse are prosecuted as equity proceedings, w'hile in some other States they are always tried before a jury. Mining Incorporations. Star Consolidated Capital, $150,000; divided into 15,000 shares. President, H. W. Lawrence; vice-preside- Milan nt, Packard; treasurer, William Lawrence; secretary, George N. Lawrence. The company owns the West Star, North Star, Iron Clad, Koliinoor and East Star claims, located in the Tintic nt the common law to determine what it is. The statutes, however, impose one limitation upon the common law crime, namely, that there must be some overt act.. United States vs. McCord, 72 Fed. Incorporated under the Laws of Utah, South Geyser Mining Company. On March 16th articles of incorporation of the South Geyser Mining company were filed in the office of the Secretary of State. The property of this company is one of the best known inside properties of Camp Floyd district. Part of the Mercur townsite is upon the east end of the South Geyser. They have business and residence lots. A fifteen-fovein of the same ore found in the Marion, Geyser and Mercur mines has been opened up on this property, and there is no doubt but that the great blanket veins of the camp underlie it. The Mercur mine lays upon the south side, the Golden Gate upon the east, the Marion and Geyser mines and mills upon the north. ot It has the great ore-produc- of the ers camp upon three sides of it The capital stock is placed at the conservative figure of $250,000. No stock is for sale except a limited amount of treasury stock for development The total amount of treasury stock is $50,000. For a short time this stock will be sold at 50 cents per share, par value $1. Address all communications to How- ard Carpenter, secretary, 46 East ond South, Salt Lake City, Utah. MATTHEW T. GISBORN, Sec- President. GEORGE H. TRIBE, Treasurer. 1896. CAMP FLOYD MINING DISTRICT, UTAH. GOO, 000 CAPITAL, $(1,000,000 President, ARTHUR W, PEREGO. PAUL J. CARNEY. Vice-Preside- nt, Main Office: CARNEY, PERECO & CO., Mercur, Utah. Chicago Office: CEO. A. WEBSTER, 44 Madison St. SHARES, $10 EACH. Treasurer, CHARLES M. McENTIRE. Secretary, HARRY FERGUSON. New York Office: CHAS. D. BURWELL, 55 Broadway. London Office: N. S. CAMBRILL, 66 Front St. This Company now owns a valuable group of nine claims adjoining the Omaha in Mercur ; also a group of five claims in Hot Springs Mining District, besides many bonds and leases on valuable Camp Floyd mining property. The Company will furnish reliable information to intending purchasers, particularily in relation to Mercur mines. A limited amount of Treasury Stock of this Company at 25c. a share, is being offered for sale. Application for same can be made to Breeze & Burris, 76 Commercial Block, Salt Lake City, and to Carney, Perego & Co., Mercur. |
