Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1898-10-14

r,lenes are keenly interested in tn
anti which has just been started at Boz,
ci,v bv the Bunker Hill and Sullivan
Mining Company against the Last Chanc,
company and the Empire StateldahC
Mining and Development Company. IN,
latter is the. company organized by +
Lewis Clark and Charles Sweeney to tab,
aver the property OF the old Last Chance
company.
These mines are at Wardner in the
Occur dAlenes. The plaintiff company
owns the Stemwinder claim. and is as
serting that it holds, through this claim,
the apex of the great ore body of the
defendant company.
The case was set for hearing at Poca-
telo Idaho, last week. The Bunker Hill
people asked for an in junction, which
was refused by Judge Beatty after full
hearing.
The Bunker Hill and Sullivan people
claim the Last Chance ore body through
priority of location of the Stemwindcr
claim, which adjoins the Last Chance
claim on the south. The plaintiff as
serts the right to follow the vein within
the planes of its end lines extended which
would include all the ore already mined
by the Last Chance and most of th,t
which the newly organized Empire State
Idaho company is mining and expects to
mine in the claims beyond the Last
Chance upon the same vein. The suit is
for an in JUNCTION and an accounting. The
temporary injunction having been re-
fused, the case will now be tried upon its
merits in its regular turn in the federal
court.
If the Bunker Hill and Sullivan people
are successful in their suit it will stop
one of the largest dividend paying com
panies in the Occur d'Alenes The COM
pany is new one but it has been pay
ing dividends from the first month OF its
organization last spring. The company
includes some large capitalists in New
York, where it maintains offices in the
Stokes building, on Cedar street.
While the Last Chance is the best de-
veloped claim in the company's group, il
is only one of II claims which lie either
upon the great Wardner ledge or contig-
uous to it.
The case is another of those tedious
ones involving extra lateral rights, and
since the contestants are both large cor
porations and able to fight long and with
determination, it is predicted that litiga-
ton will be long drawn out.
The TyIer-Last Chance.
The October session of the United
States court of appeals convened at San
Francisco last week. A number of de-
cisions were handed down. and several
applications in pending suits were made.
In the case of the Tyler Mining COM
pany against the Last Chance Mining
Company it was ordered remanded to the
lower court and judgment for damages
modified. The companies disputed the
right to certain lands in the Shoshone
mining district in Idaho and consideia
BILE litigation followed in the state fed
eral and United States supreme courts.
The present action was over certain
amounts allowed for damages to the Last
Chance Mining Company, the Tyler Com
pany having filed a bond, pending the
hearing OF an in junction suit to .'estrain
the Last Chance from continuing WORK
on the mine.
In rendering the decision Judge Beatty
said:
While | realize that the total assess
ments against the Tyler company in the
two actions seem large, yet it must be
remembered that when the Tyler COM
menced these actions, the law of the
apex and underground rights, as announc-
ed by the supreme court, was as II stands
to-day, and as shown by the county rec
ords the Tyler location was Junior to the
Last Chance claim. The 1ylers only
hope of success was either 10 overthrow
the apparent priority of the Last Chance
location or procure change OF the views
of the supreme court. On the contrary,
the costs and damages awarded the Last
Chance are but small portion OF It's
actual losses suffered through this action
hut its chief losses are of such nature as
| think can not be included in this taxa
ton"
Mammoth Placer Mining.
j. G. Richly, prominent mining man
has returned to Lewiston, Idaho, iron
Denver, where he went two months ag'
to enlist capital in mammoth placer
mining proposition. What has beer
known as the Big Bar on Salmon I1'c'
has puzzled covetous prospectorS Tor 0'
Years, but engineering blunders and IN.
practical methods of operation have lei
the auriferous deposit intact for stront
company OF practical mining men Il
open and reap the golden harvest there
from.
The bar consists of an area OF NOR
than 100 acres of gravel 90 feet deep
This vast deposit carries values from IN
grass roots TO the bed rock but the rel
pay streak is at the bottom and oni,
seven feet thick. To handle the failing
and strip the pay streak has been the Oh
stacle to successful mining on TINS OIL
The pay streak prospects - a yard an
on this work enough in drifting has bee