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Show I GRAND CENTRAL VS. MAMMOTH I Judge Marioneaux's Decision in the Great Litigation at Ncphi The Points Involved in the Case Full Text of the Judgment of the Court, and the Findings. Nephl, Teb. 17 Judge Mnrloneaux has (Ile'J his decision In the great mining min-ing cafe It Is as follows In the District court of the Fifth judicial district. County of Juab State of Utah Grind Central Mining company, com-pany, a corporation, plaintiff, s Mammoth Mam-moth Mining companj, a corporation, defendant III September, 1SS9, the plaintiff commenced com-menced an uctlon of tiespiss ugalnst the defendant for the teeovery of the allies of cert tin ores which It charged had been extracted from the southern end line of the Sllveropolls mining claim bv said defendant. Tha defendant filed a denial to the complaint, and alio a lountel claim In which It alleged title to the vein from which the ores In question were taken In Its third amended counter claim filed on No ember 20, 1101, It ilalms to.be the owner of the first northern extension of the Mammoth lode mining claim, lot 33 the Uradley I lode mining claim, the Young Mammoth Mam-moth lode mining claim, the Bchey lode mining claim, the Welding lode mining claim, the Hess lode mlnlnc claim, the Jenkins lode mining claim, and the Oolden King lode mining claim, and It sus tint 'within the surfnee lines of the s ild first northern extension exten-sion of the Mammoth lode mining claim Iheic was nml Is a vein lode mid ljdge of rook In place of bearing gold, sll-er, sll-er, copper and other precious metals, having Its npex within the surface limits of the FJld first northern exten-slon exten-slon of the Mammoth, and extending upon Its strike from the point where the said lode at Its apex crosses the southerlj end line of lot 38 to u point 1100 feet north of snld southerly end line and within the limits of said claim: but the said npex and outcrop of said lode la very wide and In consequence of said great width of said lode the same oerlies the cast side line of lot 3S and o portion of said npex Is found within the limits of the said Young Mammoth mining claim and the bchey. Welding nnd Bess mining claims and upon the west side of said lot, the said lot extends over the westerly side lines of lot 38, nnd a portion of said apex Is found upon the said Jenkins and the said Golden King nnd tlie said llrndley mining claims belonging to nnld defendant, but during the whole distance of 1100 feet from the southerly south-erly end lino of MM lot 38 the said apex of the said Mammoth lode as aforesaid In lot 3S does not nt nny point wholly depart from said lot 38. THK JURY Upon the trial of this cause, a Jury was called as advisory to the court upon certain Issuch which were submitted sub-mitted to them In advance of the taking tak-ing of .mtlmony. ITpon the piepara-tlon piepara-tlon of these Issues, counsel for the defendant requested the court to sub-n sub-n mlt to the Jury an Inquiry as to where the strike of the vein was to be found, If thej should be of the opinion that It did not contlmio In lot 38 as far north as the southerly end lino of the Sllvcrorolls south end line prolonged I across lot 38 The counsel for the plaintiff objected to Ihe submission of such a question HJ ujon the ground that finding upon It m would not ba material to the Issues framed bj the pleadings, nnd counsel M for the defendant company thereupon IM replied that If such a question should M be submitted, nnd the Jury should find H In responding to It that the vein does n not continue in lot 38 up to the south- erly end line of the SlUeropolls claim I prolonged eastward across lot 39, but, j departing before It reached that point, n It still continues on Its strike north H nnd parallel to the side lines of lot 18, R and In the Golden King nnd the Brad-nW Brad-nW ley claims he would then nsk to amend MB the counter claim to conform to such M findings. The court, however, did not HI submit such a question to the Jur. HI AS TO Till: A PCX HJ At this point, it may bo as well to H mention that upon the coming In of H the Jury with their llndlngs. the court estimated and expressed Its opinion that the apex was between tha south MW end line of the Sllveropolls prolonged eastward across lot 38 and the 1100 fojt line In the Golden King and the Biaci- lej claims, and that thereupon Mr John M Zano of tho counsel for the defendant, stated that If after a con-J con-J slderatlon of tho case, tho court E s-iould announce that conclusion In Its opinion, tho defendant would de- s lo to make an application to amend "" counter claim to conform to that Ml finding These circumstances are mentioned to show- the Interpretation put upon the counter claim by defend- ant's counsel, and to make It plain J that It Is concede.! by them that an amendment woul 1 be necessary to cn-j cn-j title th-m to a rtecreo If the vein is B found to hive Its apex entirely In tho K Bradley and Golden King mining J claim j At the outset let It he understood D tint no attempt w 111 be made to cxhaua-I cxhaua-I lively review the mass of testimony Uj given upon the trial of this cause. Tho H hearing of the case occupied more than jj two months of tho court's time, nnd the K pressure of other business makes It n Impiacticablo for mo to state the evl-W evl-W "" In detail lm cvl Hi N'lther shall I make an effort to exist ex-ist Fialn Jh,e '",'", " dal'orately ns that HE h vvhote controversy muy be compie-Ht compie-Ht li'tided by persons unfamlllir with tho IMR mines In question, or with the test!. (HI mony taken and the maps exhibited nt ii,?,""" !.hlnk ! h-ll l'e met the H Juit expectations of the parties In In. j tercst If I shall brleflj stnto the conl HhI elusions nt which I have nrrlvel nnd OK inm. lhe lcasns "Pon which I have MR based them MB .v.T,nc rartles ',0 not differ materially In M lM,r ,Y1?" ot ,h,e fact" 1 this rouse Jf nnd It Is regarding the conclusions tH. J15',,'0 ba "f'JuPert 'rom the facts M rractlcally agreed upon that this nilses Hj CONCUns WITH JtTItY. Hi .. !iau al""ly said that I concur In H ,he 2,nTB of ,ne jury "" 'h "in on IH its strike passes out of lot 38 at the l Cunningham stoic. Tho buck fissure Ha n7 ny 'i0' IeiUe lot 3S at lhat point, nnd thnt fact alono would seem to dls. BH i oso of the Issue In favor of the plaintiff company, the defendant In the counter-culm counter-culm But the merits of the coiitro. versy cannot be narrowed, as it seems in me tr the mere question ot the location lo-cation of the apex In lot 3S This is the form the Issue has taken, .LI' truc' J?ut ,he "uhs'Jnco ot the con troversy between the parties, wholly aside from the manner of pleading Is the question, "Does the M uninoth MI. nlng company, or the Grand Central Mining Mi-ning company, own the ore hodles un derneath tho Bllveropolls and the Con. Mrt claims between the planes drawn SV?" 25nr1 ,hrnush t,ie Bouth end line of tie Sllveropolls prolonged nnd the 1100-foot 1100-foot lino? In the last ttnaljsts, that Is the real controversy, l As the ore bodies lie underneath tho Mlveropolls and Consort mining claims ''"'""nipllvcly they nre the pioperty of the Grand Central Mining company, and "icy lannot be entered upon by the Mammoth Mining company, unless the utter can show ihey are in a vein or lode which has Its top or upex within the boundaries of some claims of which It Is the owner In the present action, the defendant compan hns sought to show that such npex exists In lot 38, between the planes heretofore men. tloned nDINOH The Jury has fou id (with the concur, fence of the couit) that the apex dpes not exist there, but the facts do not necessarily establish that the oic bo lies In question are nut In an vein or lole of which the defend int companj has the apex Upon that point ns to whether the nt ex ot the lode Is In any claim or claims owned bj the defendant com-tany, com-tany, I think It proper to express my views, because It should always apiwnr from a decision In chancery upon what grounds the Judgment has been given against the party, whether because it appears he has no rights In the matter In controversy or whether he Imi failed to establish the rights spedtlcallj claimed In his pleadings The vein the npex ot which Is In con troversy In this action Is one founded by replacement The country" Is limestone and the mlnerullrlng solu lions, by which nil parties agree the ores were deposited, have followed up such fissures In the limestone as extended to the deep eating out the llinestono on each side of the fissure s and depositing ore In Us place much In the same man ner as in petrified wood the vegetable matter has been replaced atom for atom with silica This replacement of tho limestone with ore has been In plares In the limestone that the miner illzed solutions solu-tions found favorable for the deposition of their riches What conditions rendered ren-dered particular portions favorable, geo-logv geo-logv does not teach us although the fact that the flssuics have been the channels through which the mlneinllz-ng mlneinllz-ng solutions or vapors made their way is quite manifest We do not ulwajs nnd ore In the fissures or even In sparse mineralization because man ot the fissures in the lino do extend to the source of miner illzatlon, hut when we do find ore or mineralization we veij unlfoimlj find atcompanlrg it the ns-ruio ns-ruio thiough which the solutions passed upwards 1NSTHUCTIONS In view of th nature of the country and the manner In which the ore has been apparently deioslted I Instructed the Jur that the limits of mlnerallzn-tlon mlnerallzn-tlon must be regarded as marking the limits of the vein or lode I concurrel with tho Jury In tl elr findings that the apex is not found In lot 38 within the r,lane?,.ln ;ontrciversy for the reason that the mineralization does not leach upward so as to fall within vertical Planes drawn downward through the side lines ot lot 38 I shall not explain vvhj I stated to iuilur. .nt the ,lme of ne rendition of their llndlngs nnd why I believe that the apex of the vein In which the ore bodies in dispute aia found Is In the Golden King and the Bradley, and like-wise like-wise my reason for believing that tho strike Is not as claimed by the plaintiff company, and then It will bo perceived that the conclusions which I have de-duced de-duced from the testimony differ widely from the views of both parties to the cause. I therefore submit them with some reluctance, and take pleasure In assuring the able and experienced counsel coun-sel for the parties, that I do so with the utmost deference to them. THE VEIN. .,stai"nK at the surface of lot 38, at the Cunningham slope, we arc In the vein, and It la the point that the plaintiff plain-tiff company contends the vein turns nnd proceeds In a dliectlon approxl-matelyM approxl-matelyM degrees and 30 minutes west true. The proof of the correctness of this contention Is eiy essential to the ultimate success ot the plalntirf com-pany, com-pany, for it la conceded that from the Cunningham elope down to the ore bodies In dispute you go Into tho earth (it an angle of 70 degrees from the horizontal hor-izontal 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 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 conttadlstingulshed from Its Inclination Incli-nation downwnrd Now, It Is conceded that there Is a vem coursing through the country substantially parallel to and within tho side lines of lot J8 as far north ns the Cunningham stope, hut while It Is Insisted that at this stope the vein turns to the west at the angle above stated, the evidence establishes es-tablishes as clearly as If it woe admitted ad-mitted of record that ou may pass through the Cunningham store, continuing contin-uing north 18 degrees, 53 minutes past along the I'ltm tunnel level clear be-ond be-ond the foot of the Condon winze, In ore substantially every foot of the way a distance of 370 feet Going along the Ulnn tunnel In the direction stated, you encounter the '05." the "Butler" and the Trelear raises, and tha foot of tho Trelear raise Is a stope about sixty feet long by nbout twenty feet high Returning to the north end of tho Cun-nlngham Cun-nlngham stope where It Is found reaching reach-ing the l'lummer level, ore runs north of th stope upon h course last given for a distance of 210 feet, and at that point a stope goes down from tho l'lummer to tho 300-foot level a distance dis-tance of ninety feet From the stope lust tpoken of on tho Plummer there Is ore still to the north, namely as far as the O Brlen winze, a distance 105 feet north of the stope between the l'lummer and the 300-foot level, and from the O Brlen on tho l'lummer In ore, that connects with tho ore of the Cunningham stope for twenty feet further, fur-ther, nt which point may be found nn-other nn-other stope going up for a distance of thlrtl feet toward the Ulnn, and then jou may go still further north till you aie sevent feet beyond the 1100-foot line, and iui uie still In me, so that it seems tleui to me that while the vein left lot 3S at the Cunningham stope as found by the Jury, It did not turn off at the angle claimed by the plaintiff. It is certainly too plain to dispute that In going down In the Cunningham Cun-ningham stops us fai as the l'lummer level at least, )ou are following the vein In Its downwnrd course Into the enith as rontiadlstlngulshed from Its length, and Indeed Prof Jenny, ono c f the plaintiffs witnesses, expressly admitted ad-mitted as I shall point out tuter, that not only tho l'lummer level, but to the 300-foot level In descending fiom the Cunningham stope, we go down upon tho dip of the vein TOLLOWINO TUB oitn Returning to the Cunningham stope at the l'lummer level we go down the Cunningham raise 'practically u part of the stope," and descending sixty feet In oro we reach the Betsy diltt. turning north In the drift we go along In solid oio for 120 feet, until we encounter en-counter the southern c nd of the Betsy stope, tho richest body of oio ever found in the Mammoth mine, rteturn-Ing rteturn-Ing along tho Betsy dilft until we roach the Cunningham lahe we go down In ore until we reach the 3u0foot level nnd along north on the 300 until we leach tho Betsy stope again 'J his much obsei ved. ft seems plain to me that the ore taken from the Cunningham stopo to the end of the Betsy stope was tracted from one treat boly of The Cunningham and tlm lietsv at manlfejtl) one stope You may go from the lletsy stopo porth along the SOO.foot level to station 28 all the way In ore, a distance of 5101 feet, passing on the way the raise from the 300 to tho l'lummer nnd tho O Brlen wlnza from the Plummer to the 300, both of which workings were made through solid ore Htartlns a ti tile south of the Cunning. Iism raise jou may descend the Tranter Tran-ter winze to tha ( arbos drift, and then starting at the south end of that drift jou. may go clear north to the Bush winze In ore, a distance ot SW feet In a direction noith 18 degrees and ES minutes east, and vet It Is said lhat tha strike ot the vein fiom the Cunningham Cun-ningham stope Is north 51 degrees 30 minutes west true, Uncendlng from the 300-foot level you may go through the Crib wln7e to the 400-foot level and starting In that winze after having reached It thiough the workings that were driven In the solid ore from thi Cunningham stope, tho winze vve-it through solid oic to the 400-foot level Striping en route at the elghtvfoot Kvel vou llnd ourelf In the midst of a runt body of ore which upon thit level alone Is shown to be 510 feet long and extending along it line running north 18 degrees east Going down from the eight j -foot level to the 400-foot 400-foot level through ihe Bucket latsc bere Is pie all the vv ty, and arriving at the last-namel level sou nnd juiir-sclf juiir-sclf In the midst of it channel of oie running north about 1 degrees nnd r minutes part and this channel of ore Is upon the 400-foot level 4S0 feet lonr exten ling at lent fron the Hope rvlse to the Bush winze There Is clearlv disclosed cm the 300-foot level noith of the Cunningham stope a solid bnd of ore at least 610 feet long running noith about 18 degrees east from the Cunningham tope and nituilly connected con-nected with It Upturning to the elght-foot level a short drift between the W and 100 foot levels of the Mammoth mine u fact nu) be observed which rightly Interpreted nnd Investigate! will prove In my Judg ment. Till: PIVOT upon whl h this whole contiovprsv will turn I' on that little level Mr Jennings snss he found Ihe vein branching In Its courre downward one part going to the eat and tho other to the west, with a vvrdhe of limestone between them V hat I think Mr Jennings mw was the loint of Junction of two lodes In their course towards the north Descending to the 400 foot level onl lxt feet below we llnd unmlstakablv two veins, the west em one going almost downward and the eastern one dipping to the west This fact Is Indisputable nnd It Is a clrcum stance of the nrst Importance Tor the western lode Is along the vertical fls surp found In the south end of lot 38 and fiom the vcrtlculity of that tlssurp no Inference ngalnst the western dip of tho front vein or lode can with on) show of reaion be deduced Prom the eight -foot level we may go down to the 400.foot level either upon the front or back vein There uie four connections through the Huh winze Crib winze. Copper raise nnd Bucket rnlse The bottom of the Crib winze Is about thirty feet east on the 400-foot level from the bottom of the Bucket ralsp The back vein Is shown b the ore In the bottom of the Crib winze, and In tho bottom of the Bush winze nnd the Bucket and Copper raises on the 400 show the fiont vein Mr. Tinnier testifies testi-fies as bearing on this point, ' I sank dow n forty feet In ore nnd then drlfte 1 westerly thirty-five feet" 'I sank at station 102 then drifted west thirty-live feet In crushed lime nnd was then In ore again " This Is undisputed testl-monv, testl-monv, and makes It plain to me that we are dealing with two sepernte and dls tlnct veins Mr Tianter upon the 400-foot 400-foot level found the ore going downward vertically when he went down at station sta-tion 102. but drifting west thirty-live feet through lime encountered ore ngaln See his te3llmoni at page 378 of the record My Judgment Is that the 400-foot 400-foot level of the Mammoth mine, when considered In connection with what Is disclosed and what I have described on the eighty-foot level, shows that from nbout the Hatten raise as jou go southerly south-erly jou find two diverging veins At that raise the fissure from the Mammoth Mam-moth shaft, which Is almost a vertical fissure. Is met by another fissure com' lng from the south and which you may see as fnr south as station 401, and this last mentioned fissure dips westerly The great ore bodies near the extended south line of tho Bllveropolls extend from one llssure to the other. The front vein or lode, so far ns the evidence discloses, dis-closes, completely fades out at about station 427 (O C map) llxamlno the map ot tho 400-foot level It seems that nothing could be plainer than that jou inav go south upon either one of two distinct veins, each having a different dip nnd a different strike Coming along from the Mammoth shaft In the back vein nnd from station 401 I, you find these two veins converging, and nt 427 they touch and mingle their ores North of station 427, the front fissure still continues, con-tinues, but It Is no longer mineralize 1. and I? therefore from my point of view, of no further Importance The back llssure, lls-sure, on the contrnrj, goes on still north bearing mineral, although in constant!) diminishing quantity. solid body op oru: Between the 400-foot level nnd the 600-foot level there Is a solid body of ore extending north and south for a distance of 160 feet, all In the front vein, and jou can descend upon It to the E0O-foot E0O-foot level Benching that level the ore extends from the Hope raise north to the top of the Karl raise, a distance of 610 feet course about north 18 degtees east. Continuing In tbe front vein ns It Is found on the 500-foot level, you may go through the Uail raise or the Bench stope to the 000-foot level In ore Reaching the 000, we find the front vein disclosed from stations 39 lo 49 Tho width of the ore on this level Is accounted ac-counted for by the extremely shattered condition of the limestone aa jou approach ap-proach the point of union of the so-called so-called l'lnn and Coatea dykes. It being plain that the mineralizing solutions found easy passage and spread enormous!) enor-mous!) through this finely brecclated material, for If there Is any condition of the limestone which Is Indicated by the workings In these mines to be fa-v fa-v oi able to the deposition of ore. It Is the flnel) brecclated matter. At the Harl raise on the 400, we find ngsln the evidence of the fading out of tho mineralization min-eralization of the front fissure, for while the drift from 4) to M and on west Is In lime, Irom 45 to 47 Is In ore My Judgment Judg-ment Is that the northem limit of the front vein on this level Is found at stn-tlnn stn-tlnn 45, about ten feet north of the Karl raise On the 700-foot level, without pausing to point out nil tho evidences of It, I think that the testimony clearly leads to tho conclusion that the front vein Is found as fnr south as the long cross-cut running west from Mutton 70s It Is manifest to tho court that dov n to tho 600 level you follow a sheet of ore which Is many hundreds of feet long, running north nnd south and substantially sub-stantially parallel to the side lines of lot 38, and you follow It on Its "courso downward ' Into the eaith Ynu go down In other vi ords from the eight) -foot level to tha 600 on tho 'dip' of the fiont vein, and since In going down fiom the TOO to the 700 through the sfopes, the developments require thnt jou shall start on the 0 south of the extcndel south end line of the Pllveioj oils ilnlni It nnl) remains to consller whether In going from the COO tu the 700 south of that line nu am going downward upon the strike or upon the din poi.Ni op unsisrANPH The principal and Indeed the nnlj ground uron which the valldltj of the 'tracing of the 01 b bodies In dispute Is resisted by the plaintiff companj Is that fiom U to T Is upon the strlko of the vein I will examine this con tentlnn hilell) unj bring m) "pinion In a close In the llrst place Plot Jenne) one of the chief experts of the 1 Ulntlff companj tcstlllel that going down from the C unnlngtmin stope to the J00-fuot J00-fuot level you are upon the dip ot the vein The piofessot U lenriicd nnd In telllgent, and ns honorable and credible a witness as was heard upon this trial He Informed the court also that at th 300 foot level the vein B"e Ihinugh the dyko, and ha presented a s'ceteh which was admitted In evldenee and inaiKi1 Jennej's sketch No 1 and that sketch Is absolute!) contlunlie proof that what Is claimed by the plalnilff company to be th strike Is reullj the dip It confirms the views that I en tortatn thut tt- Cunntnshnm slope down to the 600-foot level Is upon the dip of tho vein There Is In fact no disagreement whatever between the court and Prof, Jenney upon this point, except as to tho meaning' of the words strike and dip In order to reject the conclusion that from the 300 to the too level ot the Mammoth mine )ou go down on the dip of the vein, the test)-many test)-many of Prof Jepnej regarding the ' real evidence' furnished by conditions In the earth between those points must be totally Ignored, and this In the face of the fact tr,t not a single? witness contradicts him or disagrees with him regarding the facts which he has presented pre-sented In regard to the cordltlons l tween the 300 and the 600 Uveh It Is eus) to understand wh) despite the facts he has testified to the professor insists upon the coiuHislou that from the SCO to the fOO Is upon the strike 0' the vein That gentleman repeateJI) Informed the court thAt he regnids tl'e course of the mlnei illzlng solutions ascending fiom tin deep as ImlNpu-t ImlNpu-t iblv milking the strlko or eotlise of the vein But there Is u v 1st dlf fererce, u a moment' rellectlon will show between the coutse or strike" of a rivei or triin of mlnviall ed c ater and the remise or strike of 11 vein l'u rave te Hulls exi lunation 1 give upon the nM page it iiubstan-Mai iiubstan-Mai cop) of Jenncv s Kxhlblt No 1 mle to Illustrate the strlko of tin vein from the JO11 i the too of the Mnmmoth mine Ab jcui belied 1 this IlluMratlon )nti ate looking to th. nutth although It lies been cnlled otheiwloe It Is Indls putablj a crc see Hon The Hue e tending through the stuttered Hue and culled the vein marks the direction dnvvmviud Into the euith of a ho Ij nf ore onl) u few feet In vertical thlek ness measured at n line diuwn tluouhh at lkht miles to its Inc Una ' tlon downwaicl which bndj of cue ex lends north and south with substan ttallj the same thickness for hundreds of feet p are here given a view of a sheet of oie bj a section taken Ihiotikh It nt right angles to Its 1 oursp aril It Is Insisted that the strlko of It Is from east to wist slmplj becuusp the mineralizing waters came up fiom the west or down fiom the eist couhm; and dip The most perfect tlssurp vein ever found In the mountains running true north an I .nuth descending wpsterl) Into the north at an angle of l or 70 degrees must if the theor) of the plalntlfl here Is accepted be comld eiPd a vpln whose course Is east md west and the dip of which Is vertical be ausp the mlt'eralliliiR solutions the liver of mineral watci must have come from the west nnd the course of the river' must be taken to tie the course of the vein It Is not ejy 10 take Piof Jenney and the othei ex perls cif thp plaintiff sprlously upon this point hut while I feel compelled to take them serlouclj I llnd It I hi possible to agree with them Piof Bnjmond, In denning for the United Stntes Government tho din of the vein, snld that If you take a section through the vein at right angles to Its length the line of section will mark the line of dip Prof Jenuej has given the court as perfect a cross section thiough the lode hi tween the 100 nnd too as ran be drnwn nnd It Is unqiies tlonably upon n plane at right angles to the length of the vein, mid jet he will not have It that the line ot sei tlon shows the line ot dip The net of Congress forbids us to take the course of Ihe mineralizing solutions to determine deter-mine the stilke of n vein, for the act plainly referH to thp coursp downward Into the earth as the direction In which jou may follow the vein out of vertical plilna drawn downward parallel to Its course or length It Is admitted that jou have oie far to the north and far to the south of line U. T It Is unde nlable that there; Is ore far enough to the north and far enough to the south to make n chain of 01 e which has a length through the county, thp top of It Is neither squnip nor a point, If you measure through It on a line at right angles to Its inclination. It Is but a few feet, but the plalntirf seeks lo mec t the forco of this fact by the suggestion sugges-tion that the ore to the north and south Is where tho solutions huve fed out Into the llmtslonel But admit It, what then? That this circumstance Is nf no significance Is nppirent from very simple Illustration Suppose we havo a fissure In limestone of but the thickness thick-ness of a knlfe-bladp running through the countrj north nnd south for three hundred feet and going down Into tho earth toward the west at an nngle nf 70 degree' Now suppose a stream of mlnernllzlng solution, or hot water. If jou vlll, begins to rise In this llssure nt great depth and at ft point Just 1C0 feet rrom Its south end (In tho middle of the fissure measuring xilong Its length) vul as the water comes upwards the heavy deposition depo-sition of minerals of but four or live feet In width arid makes the south as It goes up the llssure, but the water (In small quantities) feeds out east nnd west until Ihe top mineral extends the vvholp length of the flhsuie. Going down upon such a llssure, assume that at 100 feet In depth the mineralization extends north and south 250 feet, that when you tet down 200 feet In the llssure lls-sure jou find mineral extending a distance dis-tance north and south of only 200 feet at 100 feet deep the mineral extends ,north and south only ISO feet, at 400 feet In depth only 100 feet north and south, nt 600 feet In depth only 75 reet north and south, at 000 feet In depth only 50 feet north nml south, and so on downward to an Indefinite depth assume the mineralization to nairow continually; could It be said that the strlko of the vein was along the heavj deposition of mineral from tlio depth upward because the mineral extending to the noith and south of the line of heavy material deposition had fed out Into tin country' Would not the direction north and south ot such a sheet of oro be the ' strike ' and the a sheet of oro be the ' strike and the direction downwards" be the dlp7 ' vlth nil deference to those who would contend that this Inqulrj should be answered In the negative, I submit that no declslrn will ever be found so an. severing It. But It may be asked, sup fiose there- Is no fissure? Well, nssuni ng there Is no llssure at all. jet If the 010 takes the form supposed fissure or no nssute, the result must be the same because It Is still a lode or vein If one woul 1 understand the controversy here he must be careful not lo be misled mis-led by the appearance of the exhibit known ns the clothes horse- section It Is a cross section thiough Just such a lode as I have assumed In the preceding pre-ceding paragraph, tnken upon a plane drawn through the line nf the heaviest deposition of mineral An examination examina-tion of It In connection with nil the othet maps shown at the trial will prove this to be the case Since Prof, Jenney n'dmlts that from the Cunnlnr-lnm Cunnlnr-lnm stopp down to the 300-foot level Is upoh th dip of the lode, it will suffice suf-fice to examine the 'CLoriins-HoicRi:' section from the SOe) foot level to th 'Chi Take the body nf oro shown nn tho exhibit and culled the ' KlonJIke stopo, that body of ore Is shown to be dipping Into the enith at un angle of about 70 degrees de-grees And If jou weie standing In Kltca n'l it i'u iiriv HcailillllK in that body of oie In the mine nnd In the portion of It shown In this exhibit, you could walk along It to the north on tho 300 foot level for a distance of 600 feet and upon tho 400 foot level for a distance of 400 foot and measure 1 upon 0 line diawn through It ut light angles to Its inclination downwaids, It Is approximately live fiet thick It Is Impossible for me to bolleve that going down upon tueh a vein Is going upon Its strike bo the oro shown on this exhibit between the tu ltd the a. loot levels Is but a continuation of the gloat noilherlj and southerlj ore bod) above having the name geneial form courso and Inclination dovvnwaids Piom the 600 to the 600 nnd clown to the i00 the ore thou 11 on ihls exhibit Is ore in tin front vein wljcli we go down on from the M foot level having less extent north and Mouth so far ) tho developments prove but still hav-Inc hav-Inc very little extent measured at right 1'iigles to Its Inclination downward, nnd fhantlnr the angle of Its Inclination until It grows qult flat llio time nt my dlspinal does not allow me to proceed pro-ceed much further with explanations of this controvursy CONCLUSION My conclusion la thnt there aio two veins In tha Mammoth ground, one tunning from the shaft nut north nnd extending as far as the 1700 fcot line ut least, and tho other lines tn tho east North of the extended south end lino of the Bllveropolls these two lodes come so close together that the ores from one have mingled uth th? other una destroyed the line of demarkatlon I between them above the 80 foot level so thnt In the top of the back vein npcxlng In the llrndlej nnd Hold- n King ns Is practically conceded Is the top of the front vein But tho front vein as I have alread) stated, extends no further north than the station marked 4J7 on the mtp of the 400 foot level ) C map) It follows theiefnre that In a proper proceeding the clefrndmt should be decreed to be the ownei of the oro bodies In dispute under the Sllveropolls Sllveropo-lls ami Concert mining claims betwpen plnnes drawn downwind through the south end line extended of thp Bllveropolls Bllver-opolls and a Hup running parallel thereto through station 427 Piom the foicgnlug It Is evident that the allegations of the counter-cl ilni Invp not been sustained b) the evidence evi-dence and foi tlm fntil variance lip tween It and the facts cstnhlMipil It should In the Judgment of the court be dismissed nnd the ililntlff herein should have Its costs In Ihls behalf In curred ( oiinsel for the pHlntirf nrp dliectpd t piepnip nnd submit to tbe lourt llndlngs of fart and conclusions of law iieorllngl) Bv the couit, T Mnrloniaux Judge Dated Pebruirj 17 A D 1102 |