Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-03-19
NORTH STAR WINS.
TODAl's WOWR on 'CnASGR.


Unitoi State, Circuit JUICE Beatty
has decided that the North Star Mn.
log company, In following IT. own
ledge, had - perfect ii ht TO AXE valu.
sble ne from beneath the surface Ui
the Carson Ciy q "a and Silver MIN.
ing com pauy's adjoining ciam, and
denied he ,uit OF the lstl,t, which
was represented by Attorneys w. NJ.
Dickson and A. &, Ellis u this city,
fof $3.50 900, alleged 10 DO the value OF
The ore tlu' removed.
The decision, Gays Mondays San
FfsncltcJ Chronicle, was read by cir.
cult Judge Mckvuna for whom Judge
Beatty ttiel tue suit, rom the bench
yesterday. Tue uhst was heard by
Judge Beatty Ia tnls city several
weeks ago. w. II. Dickson and A. &,
Eius, two Of the most noted mluing
lawyers In the West, with e.. w.
Kits, represented the plaintiffs, anu
an unusually strong case. Judge
Curtis II. Lindlsy Represented
he North Star company, an iDugni
a great deal VI attention wnel ON trial,
not only because Of tins large amount
Of money NJ sake, but because II In.
v0lvsd many new aud interesting qutl.
lions VI mining law,
Judge Beatty, who II At the head Of
the Idaho district, and presided IN the
famous case Of the Last Chance vs.
Tyler, said while ia this city that the
NOtlu star case WIS one Of the m tt
Interesting ever bruus lat TO his notice.
anu one Of the bost PRESENT 4, Ills de
cisiUn, In psrt, Is ~ fOlluws'
This IL an action " trospass brought by
the plaintn, as owner Of tho Irish
American mining claim, situated In
Nevada county, Cal, against the defend.
ant, which, rs owner Of the North Star
claim, has followed and worked 10. ledge
upon IT. descent under The surface Of tho
former claim, Zach Claim IL a uOusulida-
{ on " a number uf small claims, many,
10 not all Of which, we're locA cd PRIOR 10
tho enactment Of any mining law by
Congress, and II pa ontcd Ia Irregular
shape and Of unusual size. Tho Irish.
American IL about 500 foot square, with
"a strip extending from the main body
about 100 foot cast, aud tho North star
lying 800 10 400 feet south, Il about 800
feet long from east to wost anu 90 10
!, $50 feet wide.
Tho plainuns theory il that the apex
Of the N1rh : ar ledge soOms 30 nesr
nurtuwUs Orly aud Huuthva.tUrly that N
con inuUd ON II. course II would cross the
sid0 liue ~ the claim, but that The edge
In ils nOTthwo-ieriy course, before reach.
ing the north side liuD IN interrupted hy a
nearly perpendicular north aud south
hssufo,ur ~ least a lis.in line OF change
Ia tho geological formation u tue Couu-
try, called m the case "cTOssing,n 10 tho
west OF which Tho ledge docs moi appear
either upon tho surface or Ia the under
ground WORKINGS,
Tue defendant claims that the apex Of
its ledge runs In An oasiorly and we-,efly
direction, and while adm ting tho cHl.,-
unCo OF the 'cTOssiugh Aiiifms that the
ledge continues to tue west ~ II.
Tue surface Of the claim IL 40 covered
with soil, and any OutCroppings ~ "a
ledge that ever may have existed are 10
oblItefAIed by mining operations that
very lllls can now DO delormI ned by
surface indications Of he course Of the
ledge. PorploKity IN added from the fact
that over much u tho surface there are
many old mining shafts and working. In
which more or less ore has been found,
and winch are In such relative positions
thai they arc NO guide to the locating Of
tho course Of the ledge.
A Got rcuaS .s ne evidence at
some length, the Judge conclude;
Il IL therefore concluded that tho do
fondant may follow iIs ledge ON its do.
scent under the Irish American clain
aud 10 any depth between the p0rpen-
dioulAT plane drawn through tho east
line OF IL claim aud another similar
parallel plane crossing such claim ~ tho
point fixed as the western terminus OF
tho ledge and ives efly from tue east end
line 200 feet measured along tue
straight central line upon the pIA and
along the ike line upon defendants OK
hibit s; provided thaI defendant shall In
no event pursue It, ledge west Of per-
pondiculat plane extended through the
NosI une OF H. clam and judgment Tor
defendant T. entered accordingly.