The Anaconda standard., 1898-03-03
BUTTE News.
MODEL OF THE MINES
It Shows the Levels, Cross-Cuts,
Slopes and Other Things,
Mr.. VALE EXPLAINS IT
Lateral Rights, Apices, End Lines, Side
Lines and Hard Lines-A Wide Di-
vergence of Opinion as to
the Ore Value.

In the first of the series of 81 mining
suits, injunction and other forms of lit
igation now pending between the min
ing companies the defense took its turn
yesterday and got fairly started in the
mass of work before 1t. In the court
room yesterday morning appeared we'll
prepared model of copper and glass.
showing the entire Rarus and Michael
Dewitt properties with the hoisting
works. shaft els cross cuts. stopes
ore bodies and the like. in a manner
which made the case much easier to un-
derstand. The model is constructed on a
scale of 50 feet to the inch. There was
big map constructed on a scale of 20
feet to the inch. which showed all the
claims i'm the vicinity of those involved
in the litigation. There We're smaller
maps as well.
The opening address for the defense
was by Joel II. Naile of Denver, who
made very clear presentation of the
case and managed to interest his audit
ors in a subject which, to the ordinary
listener, is bound to prove very dry.
Mr. Naile was for years before he be-
came a lawyer mining engineer, and
this enabled him to make himself we'll
understood in his remarks. Without at
tempting eloquence or oratorical effect,
he devoted his time to giving as lucid
involved in the case and what the de-
PENDANTS propose TO prove. His state
ment indicates that the great battle
over end lines and side lines. lateral
rights, apices and the like Is still to
come
Following Mr.. Vaiies argument came
the documentary evidence to prove the
defendants ownership in the Rarus, the
Johnstown and a small slice of the
Pennsylvania. The defendants will first
endeavor to show that the value of the
ore taken from the Michael Dewitt was
far less than what the plaintiff claims
the value to be. and will then endeavor
TO prove that the ore taken was their
ore and not the ore of the plaintiff.
which, IL established, would leave the
question of the value of the ore out of
the question. The defendant began yes
terday line of testimony tending to
show the value of the ore extracted
from under the surface of the Michael
Dewitt through the Rarus workings
There is evidently a very wide diver
gence of opinion between the witnesses
of the plaintiff and the witnesses of the
defendant as TO the value of the ore ex-
tracted.
At the opening of the morning session
Attorney f. Z. Corbett asked that the
complaint be dismissed SO far as 1t re-
lates personally to F. Augustus Heinze
and Albert p Heinze. No objection
was made TO this and the order was
made.
Joel F. Vale then made al length the
opening statement for the defendant
He began by defining number of
mining terms and explaining various
matters connected with mineral lodes
and zones which might be unfamiliar
10 man not Il mining man. Lodes he
said, are Of infinite variety. One may
be no thicker than a knife blade While !
another is thousands of feet in thick /
fanzf Il 4.
mineral or of mineral bearing rock |
within defined boundaries in the mass
or rock. OR as continuous body of /
mineralzed rock lying within bounda-
ries clearly separating 1t from the |
neighboring rock.
The speaker then discussed the word |
apex. II does not mean a point 1t /
means the top of the ledge or lode the |
point which comes nearest 10 the sur /
face of the ground. The part from |
footwall to the hanging wall at the top |
of the lode nearest the surface is the I
apex. Regarding the relation of the I
apex to side lines. he said that If a per- |
son has parallel end lines for his claim, /
his right TO the lode extends an indefi- |
mite extent vertically downward from +
the end lines. no matter whether the I
vein crosses a side line or not But If I
the apex OF the vein crosses both side I
line and an end line. the owner has the I
right to just as much of the lode as
he had above
The question a. issue is the ownership
OF certain bodies Of ore found several /
hundred feet below the surface The
topmost point of this body of ore Is $50
feet from the surface, and the lowest
700 feet. We" said the speaker
claim that the apex is In our ground"
a map was exhibited showing the
Rarus, Johnstown, Pennsylvania and
Michael Dewitt claims. In seniority the
RArlE mas the adXA
to 1853, while the Michael Dewitt is the
Junior, dating only 10 1889. The man
showed great and important mineral I
lode, running through the Never Sweat /
Anaconda, St. Lawrence. Rarus. and
JonnstoNn. The contention of the
speaker was that the lode in question