Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-02-27
LETTER IRON HON L. 7. POLAND.
WASHINGTON, Feb. 10, 1874.


I. ". Pdrk, Esq.
DEAR SIR In reply to your letter. l
have to say, that in June. lol2, was en-
Moved BY YOU 10 20 to Utah 10 assist IN
some legal proceedings to regain the posses
sion of the Emma mine. On arriving
there we found that the Illinois Tunnel Co.
(which profeSsed to have located a mine
somewhere in the vicinity had run their
tunnel into the rear end OF the WORKS OF the
Emma mine, had taken and were holding
BY force possession of the mine, and taxing
out the ore in considerable quantities. we
instituted proceedings in chancery against
the Tunnel company, with prayer Ior an
Injunction, before Chief-J ustIce Mchean,
Tie defendants did not dispute the title oil
the Emma company, that Is, they dld not
dispute the validity of their patent from
the United States. but they claimed that
the place where thew entered. and a cOnsl-
derable part Of the mine as worked, was not
upon or within the limits OF the Emma
mine patent 1t was conceded by US that
this was true, if the lines of the patent, on
the surface. were the criterion or limit OF
the mine. But the mining laws OF the
United States expressly provide that the
vein may be followed outside the lines on
the surface, in all its angles, DIPS ana rGrid-
fiOns. -,
On getting before Judge Mexican with
our application for an injunction, the de-
PENDANTS procured a continuance Tor week
TO enable them to take testimony. IL was
then arranged that the judge should visit
the mine. in the meantime, with the parties,
counsel, and certain mining experts selected
by the parties. | went with the rest,
and we went through all the works oil
the mine, which extended several hundred
feet in length, and on several dIherent
levels, | cannot say how many Khe"
nothing of mines, and should not nave
known ore from ANYTHING else, out thefe
was in sight large quantities OF what al saiu
was very valuable ore. All parties ana per-
sons there, protesting knowledge Oh sueh
things, seemed to regard the mine as eA-
ceedingly rich and valuable, ana that II we
were right in our construction OF the law, as
70 the light IN follow the vein, the mine was a
property worth many millions. The contro-
yersy was proportionally severe. The hearing
before Judge Mexican occupied three days,
and large amount of testimony was taken.
and the case was very fully argued. The
decision was not rendered until after had
left. but have seen the published opinion
! of ,Jndge Mexican, in which he sustained
the view of the law we claimed to the full
extent. Go not think any coart could 90
otherwise. In relation to the value of the
mine of course | had no Judgment or
opinion OF my own, but there were 50 many
persons of long experience and great skill
in such matters, all concurring as to Its
great value. thong h hostile in their interests,
that of course took their Judgment to be
true. Col Stanley, one OF the English
directors, went with US from New YORK to
Utah and he visited the mine with the rest
Of u.s. He was quite enthusiastic arout
ledge of mines, or, like myself. adopted what
seemed 10 be the general opinion of every
body else. as to its great value, l do not
know. Truly yours, etc,
l.. P. POLAND