The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-29

Johnstown lode claim or in the plain
tiffs parcel of ground which does pass
on its course through the north side
line of said Johnstown claim.
That said veins connects with vein
which has its apex in the Johnstown
claim and in that parcel of ground
owned by the plaintiff, and which vein
passes on it's course or strike through
both end lines of the Johnstown lode
claim.
does not pass through said latter vein
and it has no individuality beyond the
point of its connection with the vein
aforesaid.
THAT all veins other than said north
connecting vein which have their tops
or apices within the Johnstown lode
claim, also have the same in the plain
tiff's parcel of ground and pass on
their strike or course though
the west end line of said Johnstown
lode claim, as the same was surveyed
for patent and patented.
'V.-That there is mineral-bearing
vein containing copper, silver and gold
which has its top or apex within the
exterior boundaries of said Johnstown
lode claim, and within the exterior
boundaries of plaintiffs parcel of
ground, and is the vein upon which the
discovery and location of said Johns
town lode claim was made and a patent
and that said vein passes on its course
or strike through both end lines of said
Johnstown lode claim, as surveyed and
patented.
THAT there are certain portions of
the veins which have their tops or
apices in the Johnstown lode claim, and
in the plantiff's parcel or ground, and
which enter said Johnstown lode claim
on their strike or downward course
through the west end line, which pass
through the south side line of said
Johnstown lode claim at points easterly
from where a line drawn through the
east end line of the Pennsylvania lode
claim and extended to the north in its
own direction would intersect said
south side line of the JohnStoWn lode
claim, and that a line drawn parallel
with the end lines ofthe Johnstown lode
claim through a point on the south side
, line of said claim where the most
southerly and westerly portion of said
veins pass on its course through the
said south line, would lie easterly Of the
Pennsylvania east end line and of a
projection of that line northerly to an
intersection with the said Johnstown
side line, and that the tops or apices
of all the aforesaid veins lie within the
Johnstown lode claim and the plain
tiff's parcel of ground west of said line
drawn parallel with the end lines of
said Johnstown claim as aforesaid.
THAT said discovery vein of the
Johnstown lode claim passes on its
course through the east end line of said
claim and lies to the north of said veins
or portions of veins which pass through
the south side line aforesaid, at the
point where they cross said line
"VI-That all of said veins, lodes and
ore deposits aforesaid which have their
tops or apices within plaintiffs parcel
of ground pass on their strike through
that portion of the west boundary
thereof designated in the descriptions
OF said parcel of ground contained in
the complaint and herein as south %
degrees 40 minutes west 235 feet and
lie north Of the south boundary line of
said parcel of ground.
'"That the point of departure through
the south side line of the Johnstown
lode claim of the most southerly and
westerly portion of the vein or ore
body, which passes on its strike
through the same, is at a point on said
line 294 feet westerly from the south
east corner of said Jonstown lode
claim, and that there is no vein, lode or
ore body which has its top or apex in
said Johnstown lode claim which passes
through said side line thereof westerly
of said point.
'VII.-That all of said veins or lodes
and said lode and ore bodies which
have their tops or apices in the Johns
town lode claim and within that parcel
of ground owned by the plaintiff, save
said north connecting vein, have dip
or incline on their downward course to
the south and so far depart from per-
pendicular on their course downward |
as to extend beyond the south boun-
dary line of plaintiffs parcel of ground
aforesaid, and the south side lire of
the Johnstown lode claim extended |
downward vertically and to enter be- |
meath that portion of the Johnstown
claim lying to the south of plaintiffs
aforesaid parcel of ground and into the |
irf aI PpnnSVlS1-
MIA lode, lot 172, and the ground to the !
south thereof beneath the surface.
''VIII-That said veins, lodes and |
lode and ore deposits and ore bodies |
hereinbefore mentioned, and which |
so depart on their downward
course as aforesaid, have here |
tofore been entered upon, devel- |
oped or exposed in certain portions |
thereof by underground workings made |
by the plaintiff within the surface |
bundaries of its parcel of ground and |
the JohnstoWn lode claim, and beneath |
the surface of the Snow Bird and Penn |
sylvania lode claim.
THAT the same have been entered |
upon by means of the 400, 49, 800. 600, |
700, 500 and 900 foot levels and drifts |
made from or connected with the No. |
/ and No. 2 Rarus shafts and the un-
derground workings made from or con- |
nected with said levels and drifts. said |
underground workings being designat- |
ed in the testimony herein as Rarus |
levels and workings.
"IX-That the plaintiff is now and |
was at the commencement of this ac-
ton and for long time prior thereto |
had been in the actual possession and |
occupancy of all of said workings and |
all said veins, lodes and mineral de- |
posits exposed therein to the depth OF |
the 900-foot Rarus level aforesaid.
.sX.-That all of said veins, lodes and |
said lode and ore deposits or ore bodies |
are continuous both on their strike and |
dip for their entire length, within the |
end lines of the Johnstown lode claim, |