Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1874-02-25
III. IL. BAXTER.
LETTER FROM HON. l.. p. POLAND.
yN.StrrScHnN Eah 10 Is

WASHINGTON, Feb. 10, 1874.
T. ". Park, Esq.
DEAR SIR:-In reply to your letter, have to say.
that in June lo7l. was employed by you to go 10
Utah to assist in some legal proceedings TO regain
the possession OF the Emma mine. On arriving
there found that the Illinois Tunnel Co.. (Which
professed TO have located mine somewhere IN the
vicinity had run their tunnel into the rear end Of
the works of The Emma mine, hid taken and were
holding by force possession OF the mlne and taking
ont the ore in considerable quantities. We insti-
tuted proceedings IN chancery against the Tunnel
company, with a prayer for an injunction, before
Chlei-J ustIce Mchean. The defendants did not
dis ute the title of the Emma Company. that Is, they
did not dispute the validity of their patent from
the UnIted states but they claimed that the place
where they entered. and considerable part Of The
mine rs worked, was not upon or within the limits
of the Emma NINE patent 1t was conceded by us
that this was true if lines of the patent,
surface, The criterion or limit of the mine.
But the mining laws oftle United states expressly
provide that the vein may be followed outside the
lines the surface IN all Its angles, d2s and rdria
ts0HS.
ON getting before Judge Mexican with our appli-
cation for an injunction. the defendants procured
n continuance for u week to enable them to take
testimony 1t was then arranged that tie judge
should visit the mine, IN the meantime, with the
parties, counsel. and certain mining experts Sc
iected by parties. went with the rest, and we
went through all the works OF the mine, which eX-
tended several hundred feet IN length, amt
eral different levels, 1 cannot say how many. /
know nothing of IN mes, and should not have known
ore from ythlng else, bnt there sight
large quantities of what all said was very valuable
ore. All parties ami persons there, protesting
+ knowledge of such things, seemed to regard the
mine as exceedingly rich and valuable and that if
right in our construction OF the law, as t.
the right to follow the ven the mine was proper
ty worth many millions. The controversy was
/ proportionally severe. The hearing before Judge
mexican occupied three days, and a large amount
of testimony was taken, and the case was very
fully argued The decision was not rendered IN
I'll alter 1 mad left, but have seen the published
opinion of udge Mexican IN which ne sustained
the view the law We claimed TO the lull extent
do not think any court could do otherwise In
relation to the value OF the mine, OF course had
no judgment or opinion Of my own, but taere were
so many persons of lons experience and great
skill IN matters, all concurring to Its great
value though hostile In tner interests, that of
course look their judgment TO be trIe. Col. Stan
lev one of the English directors Went with US
! from New York t. Utah and he visited the
mine wi tn the rest of us. III was quite entnuSias-
tic about the mine, but whether he mad any knowl-
edge of mines or, like my self adopted what seemed
TO be the general opinion of every body else, To
its great value, DO not know. truly yours, etc,
l.. L. POLAND.