The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-26
THE MONTANA CO. WINS.
A Unanimous Verdict FOR this De.
PENDANT In the Great Min
ing Suit
Tho End OF Five Weeks Of Very
Expensive and Tedious
Litigation.
The Attachment Proceedings Brought by
the It. Louie Miaing Company Are
Released by Stipulation.

The 81. Louis Mining company lost ito
e. 0O. 900 case against the Montana COM
pany. limited, In the United States circuit
coutt yesterday. After two hours deliber-
alton the jury brought In three verdicts In
which they found for the defendants on
every point involved. But very few per
sons were In The court room when the YER
diets were read and the Montana com
psny's attorneys knew that they bad won
thsiy case when the vsrdicts were handed
to Clerk George 6prouls TO read. Each
side had p,eyarsd blank verdicts for thu
uas Of tho Jury. Those Of tho Montana
company had light yellow covers on them.
II. r. Bayliss. the managing director Of the
Montana company a. once cablsd thu result
Of the trial to tho London office Of the com.
pany. Three verdicts were rendered be-
e,use thore were two other defendants,
MI. Bayliss and Frederick Crowthers. Of
Liverpool, one of the directors. The liti-
cation between the two conn anies started
In 1887 when William Mayor, the manager
Of the st. Louis company, applied to the
state district court in this county for . sur
vsy Of the Montana eompany's property in
order TO ascertain II il was taking out ore
b. Underground working from the st. Louis
CLAIM. Tho application WAS granted by
Judge William H. Hunt. From this an
a. peal was taken to the supreme court Of
Montana by tho M ontana company on the
ground that tho state statute authorizing
such surveys was unconstitutional. Judge
W.. E. Cullen, before he became the ooun.
col OF the Montana company. drew mp this
statute, and in the supreme court he argued
it,. unconstitutionality. The supreme
court sustained the lower court and the
case went to the suprsme court Of The
United States whore it 10 pending. Then
the 81. Louis company commenced two
suits in the United States circuit court here.
one for trespass and 81 o00' oo0 damages,
and the other to recover 100000 for o.es
sold by the Montana com pany and alleged
TO have been taken from the 81. Louis vein.
In the trial just ended the 81. Louis COM
pany took the position that the top or apex
of the Drum Lummon vein WAS within the
under tho United States mining
vel outside ,nS Of I's the side lines .1.'0x After the he
~. Louis company had introduced testi-
mony to show this. the defendants moved
Knowles. The efforts Of che Montana cona-
pany were directed on the trial to establish
that the vein in the st. Louis claim. con-
tended BY that company to DO . part OF the
Drum Lummon vein. was In reality not q
vein.
The instructions Of Judge Knowles to tho
cap in his own handwriting and give the
details Of the contention and the law ~
laid down BY the court. ae said: Con
tlemen Of the jury: You have listened
with patience and diligence for many dAys
TO the evidence introduced upon the issues
presented in this case. Am sure you have
received much information from the learned
and practical gentlemen who have testified
before you upon the subject Of mineral
bearing veins and lodes which you maj
cherish ar an addition to your fund OF
knowledge and may be of PRACTICAL value to
you. and I trust you have heard sufaoisnt
to qualify you to decide correctly the i'm
portsnt questions which are about to be
submitted to you You have heard the
able and eloquent counsel present the facts
In the most favorable light for their
clients. In this action the plaintiff, the ST.
mineral bearing vein having its top or
apex In its premises. said premises being
tho 1T. Louis lode or mining claim; that
said vein in ito downward oonrss departs
from the said premises in It'd dip through
the east side line thereof and passes be-
meath tho surface Of certain lode mining
claims Of the defendants. the Montana
company and Bayliss. named the Marble
Heart, Maskelyne and Nine Hour claims.
That beneath the surface Of these claims
defendants entered into and upon said
vein or lode of plaintiff without its consent
and extracted q large quantity Of ore there
from to plaintiffs damage In a largo
amount"
The following 10 a synopsis OF she in
structions: The fret question vas whether
the %defendants entered upon the lode or
vein of plaintiff. Defendants deny that
they entered upon any vein or lode belong
ing to plaintiff and took thsrefrom any, ore.
Next what 10 q mineral bearing vein or
lode. Ono OF the questions presented 10
whether what plaintiff calls q vein or lode
10 entitled to that name or comes within tho
definition Of a mineral bearing vein OF
lode. All that lies west of what defendants
term their vein and mp to the point where
plaintiff Axes its foot wall defendants deny
10 any part of q mineral bearing vein, but
to q portion of what 10 termed country rock.
Plaintiff includes in what 1t calls its vein or
lode what defendants term the Drnm-Lum-
mon lode or vein n also some thirty feet
or moro of ground to the west OF the same
TO a point II calls its foot wall. You are to
determine whether this vein In which the
mineral was found was what plaintiff calls
it, lode or vein or whether il was In what
defendant calls its lode. What IL q
vein OF lode3 There have been several
definitions Of q vein or lode which have
been approved by high authority. A dedni-
zion made by Justice Field Of the United
States supreme court in the noted Eureka |
case 10 ~ follows: "A fssurs In che earth's
crust an opening in ito rocks and strata
made by some force Of nature In which the
minerals are deposited would seem TO be
Essential to a lode in the Judgment Of
biologists. But to The practical miner the
tissure and It's walls are only OF importance
he indicating the boundaries within which
be may look for and reasonably expect to
and the ore he seeks. A continuous bod
Df mineralized rock lying within any we'll
defined boundaries on the saIth's surface
Ind under it would equally constitute in
bis eyes a lode. The term 40 used In the
bot OF congress ia applicable TO zone OF
bslt OF minerslized rock lying within
boundaries clearly separating IL from the
~aGiGhboring rock. 1t includes deposits Of
mineral matter formed through a miner
klizsd zone or belt coming from tho same
ource. impressed with the same forms and
kppeaiing to have been created BY the same
Processes.
I'm this Eureka case there was found a
pods of limestone which BY some dynamic
orcs OF nature had been broken up,
frushed. disintsRrated!and fssufed in all
iirections so as to destroy. except in Places
bf a few feet each 30 far as it WIS explored, |
II traces OF sttntiication. Il 10 stated that
hat the same force that operated upon a
,a.s operated nron the whole at tho Same
inc. 1t IL MISC stated TINT tho broken,
ushed and assured condition OF ths lime
e-s.n a. - os~nntN, sv. tv,sl~. u1u..nAa. |