The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-16
THE BIG MINING CASE
The Entire Day Was Given Up
to Arguments.
THE MOTION OVERRULED
The Court Declines to Instruct the Jury
to Render a Verdict for the Plain
tiffs-The Defense Has
Finished.

Yesterday was a day of argument in
the mining case. The defense rested
soon after court opened in the morning,
and the plaintiffs then presented mo-
ton asking the court to instruct the jury
to render a verdict that the defendants
had no right of entry into the Michael
Dewitt. The argument of this question
consumed the entire day and until
nearly 6 o'clock in the evening, when
Judge Knowles overruled the motion.
This morning the plaintiffs will begin
the presentation of evidence.
Mr.. Robinson took the stand yester-
day morning for further ss-exami-
nation. He described the various
streaks and fissure planes in the mine.
The witness contended that many OF
the fractures in the Michael Dewitt go
into the Rarus ground.
But they have to go through the
fault to do that, don't they?" asked
Mr.. Forbis.
Mineral goes through the fault all
right and there is no reason why the
fractures shouldn't go through just the
same"
on redirect examination the witness
said that one can pass through ore
| from the Windlass drift at the west enc
| of the Michael Dewitt to the footwal
about 80 feet above the 450-foot level.
| This is commercial ore. The witness
| traced in detail the footwall of the
| Rarus zone. On oss-eXamination
| the witness said the width of the zone
| at the west end line OF the Rarus Is
| about 200 feet. At the east end, after
| the junction of the northwest connect
| ing vein, there is a reinforcement
which widens the zone to about go
| feet.
The defendant then offered in evil
| dence the plan map of the underground
workings and the various maps and
| cross sections and the model.
We rest our case" said Mr.. Vale
at this point.
Louis Marshall, for the plaintiff, then
made a motion as follows:
The plaintiff at the close of defend
ants testimony, now moves the court
TO instruct the jury that the defendant
has not justified it's entry on the plain
! tiff's ground and on the whole evidence
| is shown TO have been guilty OF tres
| pass for which the plaintiff is entitled
TIC recover damages.
The reasons on which this motion is
based are among others, the following:
| /.
The record evidence and the defend
ants asserted apex demonstrate that
the defendant has no extra -lateral
rights which entitled it to extract from
the ground of the plaintiff the ore
! which the defendant admits to have
been taken from the 450, Bryan and
| Mckinley Slopes, located within the
| Michael Dewitt ground, because,
| (a). The patent of the Rarus ground
confers no extra-lateral rights in the
Michael Dewitt ground, because,
/. 1t has no parallel end lines.
.. 1t has no legal end lines.
3. No rights to the so-called Rafus
lode were granted by the Rarus patent
irrespective of the patented surface.
/ 4. The apex as established by the de-
| PENDANT, does not cross the Rarus end
lines, if any 1t has.
(b.) The Johnstown patent and the
deed from the Johnstown locators to
the Rarus properties confers no such
extra Lateral rights, because,
l. The rights conferred by the Johns
| town patent cannot be tackled to those
! conferred by the Rarus patent.
2. The apex of the Johnstown lode 10
| cut by the south side line of the Johns
| town. which fact deprives the latter of
| extra-lateral rights. in the Rarus and
| Michael Dewitt ground, either because
the division OF the apex deprives the
| Johnstown of the right of pursuit of so
much of the lode as is represented by
the divided apex, beyond the line of
older location would be entitled to the
extra lateral rights, represented by the
divided apex, of which rights it cannot,
however, avail itself, for the reasons
above stated in subdivision (a).
II.
Even if it should be assured that the
Rarus is not deprived of extralateral
| rights, by reason of the character of its
surface lines, yet il has no such rights
| in the Michael Dewitt ground, because
| of the cutting of the apex of the lode,
by the south side line of the Rarus.
thus leaving part of the apex in the
/ Michael Dewitt ground.
III.
The evidence indicating that there
are in the so-ealled Rarus zone, we'll
defined. independent veins of ore, hav-
ing both strike and dip, lying parallel to
| each other, which apex on the Michael
| Dewitt ground and contain the ore bod
| les involved in the litigation, the de-
| PENDANT acquires no extra-lateral rights
! which entitle it to mine such ore. mere-
" because the ground between the sew
eral streaks existing in the zone is
more or less scanned and mineralized.
Mr.. Marshall said that the extra-lat-
eral right claimed by the defendants
through its Johnstown and Rarus pat
ents is an extraordinary right. The
party seeking to obtain such an extra
ordinary right must follow the statute
strictly. The attorney argued that par
allel end lines must exist in the patent
ed surface Of the claimant for extra
lateral rights He argued that the
union of the overlapping Rarus and
| Johnstown claims makes claim very
irregular in form. not having parallel
end lines. 1T is not necessary that the
side lines run in one direction, but there
must be parallelism of the end lines. II
makes no difference what the geometri-
cal figure may be. 1t may be a paral-
telegram, a rhombod, a trapezoid, or
any other figure so long as the end lines
are parallel. He claimed the figure
formed by the Johnstown-R arus patent
has one end line and three side lines.
The patented surface, not the original
lnnatiar tho conclusive a.,ilapaa ra-