Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-05-17

suTeHeS aG inc Time Jney were accepted.
In cases like this, where the propert
follows the event of the suit, "indemnit
is only required in IN amount sufficient t
secure the sum recovered for the use ant
detention of the property, and the costs o
the suit, and just damages for delay, ant
costs and interest on appeal"
In this case, in ascertaining the amour
of indemnity that ought to be required
the value of the ore in the disputed GROUND
is not to be included, because, upon affirm
ance, the property will follow the event O
the suit; but, inasmuch as under tn,
Judgment entered the Albion Company
has a present right of possession of all thu
ground, together with all other rights tina
follow complete ownership, the value o
ores contained therein, which, but for thu
supersedeas could, and naturally would
be worked during the pending Of the writ
OF error. must be taken into consideration
in providing good and sufficient security
for just damages on accounto of delay.
l desire to be corrected if / am wrong in
concluding that my duty requires me tt
fix the amount of security 80 as to cover
damages for delay in working all ores il
the disputed ground-including not only
those which are in sight, but also such as,
In my best judgment from the evidence
before me, although uncovered, with rea.
sonable probability and certainty, do exist
therein. And to the end that all rights
may be protected, I shall separate the diff
ferent items that will make up the aggre.
gate security required, in order that the
writ may operate as a supersedeas.
l. AS to the ore in sight. Upon this
point the testimony is voluminous, and,
as before stated, extremely conflicting as to
amount and value. l cannot undertake
the task of giving it in detail or even in
substance. The ore exposed includes
what Is represented upon exhibit A." as
ore body 3D." Albion cave, and ore N. W.
OF line A @ (the dividing line between the
ground in dispute and the Richmond Com
pany,s ground, between points sixty and
twenty-one.
For this, estimating the amount of ore
at 5000 tons, of the gross value of S73 per
ton, exclusive of lead, | shall require Sc
curity in the sum of S55, 900.
2. For deterioration of property. neces-
sary expenses in preserving it, etc., Mr..
u. N. Kobinson, the Superintendent Of the
Albion Company, testified upon this item,
and his estimate was about S36, 800 a year.
He was positive that the company's loss
"ouiu 1LlouuG W budt 5utu. lueT6 ID ITO
evidence against his. He gave the items
that made up the aggregate sum, and l am
unable to say his statement is incorrect.
He estimated four years. delay. I shall
adopt three years and a half, making a
total, for this item, of 1927, 26O.
3. Security is requested on account of
capital expended by the Albion Company
up to the present time-that is to say, in
tarnSf On fhok r,r, .~1 - ~.
should be required in addition to that
in items l and 4.
4. Damages for delay in working the
ground in dispute, outside Of ores in sight,
and realizing the probable profits there
from.
In the Court below it was found as a
Tact, and is the testimony before me, that
this mining ground is situated on Ruby
Hill, in the Eureka Mining District; that
along and through the hill for a distance
exceeding a mile. and extending
in a northwesterly and southeasterly di-
is a zone of limestone, in which,
at different places throughout its length,
mineral is found; that underlying this
zone, on the southerly side, is a well-de-
fined, unbroken footwall of quartzite,
which has a general dip to the northeast;
on the %northerly side of this zone of
is a ~hanging-wall of shale, and
that this zone of limestone is a vein or
lode OF rock in place, bearing gold, silver,
lead and other valuable minerals.
1t is shown to my satisfaction and, in
TACT, it is hardly disputed, that this zone
northwest OF the line A G is Of the same
character as on the southeast side, where
the mining claims Of the Richmond and
~ iIrlko n0rn m ntop ~ ntt-o11 A.
extreme eastern portion of this zone, a
the foot and hanging walls, the quartzite
the gone Is narrow. As 1t extends towards
Tho northwest it becomes wider as a rule
until it reaches the ground in dispute,
where it is as wide as on the Richmond
'ide, il not wider. The mines on this zone
are the Jackson at the east, then going
aorthwesterly are the Phenix, the K K, the
Consolidated, the Richmond and
The one In dispute. The jackson, CON
800 feet, has produced 50, 100, 900,
or a little more than 50, 600 per foot. The
.henix, containing 600 feet. has produced
81 200, 900, or S2,0 0 per foot. The K 4,
containing 300 feet, has produced 50, T00,-
700, or S3,375 per foot. The Eureka Con-,
containing 1900 feet, has produced ST.
800, 900, or a little less than S14, 600 per
DOT. The Richmond, containing 1,1O0
eet, has produced S1s, 900, 900, or about
ZIG, 1865 per foot.
The ore bodies southeast of A c are ir-
in form, in width and thickness
from $50 feet to a few inches thick.
Is a general rule, Mr.. Wescoatt says, they
ire connected by larger bodies OF low-grade
IRE, sometimes by small seams. Immense
IRE bodies have been found and worked
,ut southeast of A G, and they were traced
up to and beyond that line.
Ore body ''B" is northwest, or on the
Albion side of the line A @. The Albion
ave is on the same side, and west of 3d."
llong the line A @, there is ore, evidently,
or a distance Of 100 or $50 feet. The wit
lesses for the Albion Company all stated
hat at A @ the ore bodies continued, and
hat there was no evidence of their giving
,ut; that there were powders and waste
here, and at "B," as there had been in
The Richmond and Eureka. One or more
witnesses testified that powders were
favorable to a continuance Of ore. Two
witnesses, who put in the timbers on the
Richmond side Of A @ and at B stated that
or some distance along A G they were
obliged to put up planking to keep the ore
rom falling or caving down on the Albion
,ide. 1t is admitted that the timbers be-
A @ and B are badly crushed by
reason Of the superintendent weight.
They are more or less crushed further west
along the A @ line. Mr.. Robinson testi-
fed that the cause OF crushing was "the
.arge amount Of ore falling away from the
roof on to the timbers; that it must be ore,
the limestone which encases the
pre- could not possibly move in the man
ner in which this material moves, very
but constantly, thereby crushing
The timbers." 'Then, again." he said,
I'VE have the evidence of its being ore from
The fact that above these crushed timbers.
where we gained access, where we crawled
timbers for sixty or seventy feet.
We noticed large masses Of ore on the roof
,verhanging the timbers, from which other
IRE broke away" Other witnesses corrob-
grated these statements. Between points
"a and 25 on the northeast side of B, a dis
Of forty feet, nj excavations have
been made, and no person can know that
.ha nrou 5o not aytapd in that dirantiOn.