The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-07
THE MINES Of MONTANA.
A Decision in a Lawsuit That Has
Aroused Considerable
Comment.
Mining Men Regard It Ga q Ruling
That VIII Not be Sus-
tainod.
Granite Mountain Output-Bi-Metallic
Extsnsisn-Ths View stamp 4
Mill-EllxAbeth.

Judge r. j. Galbraith made a decision
at Boulder ON the Sd inst. that has created
a great deal Of commotion In mining circles,
and all who have heard Of II, except those
who are benefited by IL, pronounce the
ruling of the court 40 one OF the strange
occurrences Of modern times.
Briefly stated, the judge holds that \
mineral ~location ID not valid, unless at tho
time Of its discovery ore That will pay TO
work has been found.
This II something new in the history OF
mining law, and there are few who believe
that such an opinion will hold good.
Speaking on this subject, q mining man
said yesterday II wonder how
Tommy Cruise would have felt
working the Drum Lummon under
those circumstances.s 1t took him
years to find pay ore. According to the
Jefferson county court ruling, any man
might have relocated the Drum Lummon
while Tommy Cruise was prospecting. II
was only after several years OF ceaseless toll
that ore which would pay for it's working
tory of every prominent mine in the state.
Very few of them have on the surface shown
down."
Tn case at issue 10 that OF James Streve
ct al. vs.. the Copper Bell Mining company.
Plaintiffs we're given until April ! to fle
statement on motion foi ! new trial, and a
stay Of proceedings ID granted until that
date. The real plaintiff in the case IL the
Lightning Lode Mining company. The
PLAINTIFF claim was located in 1888. Sub
iK%ssssa1''' &,d s..oa s .as ei saa 3a''l g;
tie Edna lode Copper Belly, made
their location. In prospecting they discov-
cred that their boundary line did not en-
brace the full length Of the lead, and then
pursued development in a southerly direc-
tion, being the course Of the vein. The Edna,
as originally located, embraced only a
small portion Of lead, SO they turned their
stakes around in that direction and took in
a. much OF the lead a. the lawful boundary
of /, 800 feet would permit. In doing this
it il claimed, they encroached on the lines
of the Lightning lode, relocated the Edna,
The The eo% TIN fnde ps hat !. Nelson sos and r.f' Koee ssIa so.
tually assisted in removing the stakes, and
in the fifth finding says: ''The location
notice Of the lightning is good and valid"
By removing the stakes, however, three and
nineteenth acres of the lightning lode were
attached TO the subsequent Edna ~re-loca-
Copper Bell is entitled to that and for
these reasons: ''That prior to the location
of the lightning there had not been any
actual discovery Of any vein or lode, con-
tanning rock Of sufficient value to justify
expenditure in the effort to extract" The
court upon this finding say that the
ground embraced in the Lightning lode
claim was public domain n open to set
tlement. The important finding is this:
1.-THE Lightning claim is invalid and'of no
force, for The absence of a discovery of
any vein or lode containing rock bearing
KNOWN mineral deposits of such richness as
to justify work to extract them at, or prior
to the time of location of the surface
ground of such claim" }f
II is said, on the other hand, however, \
that even though such a ruling would hold,
that the owners did, at a depth of eight
feet in the shaft, find ore that assayed ~
in silver. The case will be appealed to the
supreme court and the ruling Of that tti-
bunal will be awaited with much interest.