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

| SAID, and in the levels and workings
| aforesaid, above said level beneath the
surface of the Pennsylvania claim, the
Snow Bird lode claim and that portion
| OF the Johnstown lode claim lying to the
/ south of plaintiffs parcel of ground
| have their tops and apices within that
parcel of ground owned by the plaintiff
and described herein and in the plant
| III S complaint and that said veins
| lodeS and ore deposits depart from their
! apices within the plaintiffs ground
| upon their dip into the earth unbrokeu
| to said Rarus levels beneath the sur
face of the Pennsylvania lode claim
ana beyond, and within the planes
| drawn downward vertically through
| the east and west end lines of the
youngstown lode claim, and extended in
/ their own direction to an intersection
with the exterior portions of said
veins, lodes and mineral deposits; and
| also between planes. one drawn DOWN
| ward from the surface vertically
| through the east end line of the Penn
| sylvania lode claim and extended
northerly and southerly and one drawn
| downward vertically through the west
| boundary line of plaintiffs parcel of
| ground designated in the description
| thereof, contained in the complaint, as
south rs degrees 40 minutes west 325
| feet, extended southerly in its own d-
| drawn downward vertically through the
| west end line of the Johnstown lode
claim, and then extending along said
plane projected to the south: and that
said veins, lodes and mineral deposits
and the ores therein contained are con-
tinuous on strike and dip from the
lowest workings up to their apices in
the plaintiffs ground.
'Nll.-That the southernmost of the
aforesaid veins, lodes or ore bodies
having its apex in plaintiffs ground
and belonging to the plaintiff, which
has been exposed on the 700-foot Rarus
level, is shown in part by the south
ernmost drift of said level and by a
wnze designated by the plaintiff as No.
10 winze, extending between said drift
and the S00-foot Rarus level of the
plaintiff.
"XIII.-That said Vein is the vein
upon which the discovery and location
of the Johnstown lode claim was made
and patent issued. and the same is dis
closed above said 700-foot level in what
has been designated the q raise from
said level to the 450-foot Rarus level,
and above said 450-fo level by the
opening called in the testimony plant
ifs No. 81 raise.
'XIV.-That what is termed in the
testimony "upraise "a" made beneath
the surface of the Pennsylvania lode
claim, lot lie, below the east end line
thereof up to the 134-foot level of the
Michael Dewitt workings so-called in
the testimony, and upraise 1874 above
said level to it's top, and an apex drift
extending westerly therefrom, are upon
a vein. That said vein is continuous
and unbroken from the bottom of said
upraise "A and from what defendant
terms the 400 Snohomish level, to It's
apex, and that said apex is within the
a If fI,1f ,f,>,,o
mentioned, and extends through the
same and passes on its strike through
the west end line of the Johnstown lode
claim, and lies to the north of the
south side line thereof at all points
west of the intersection of a line
drawn through the east end line of the
Pennsylvania lode claim and extended
to the north to an intersection with
said south side line of said Johnstown
claim.
That all the veins to the north of
said vein, which is disclosed by the up
raises and drift aforesaid and which
are disclosed by workings beneath the
surface of the Pennsylvania lode claim,
have their tops or apices in plaintiffs
ground, as hereinbefore found.
"XV.-That what has been claimed
as vein by the defendant within the
Johnstown lode claim and designat ted
in its testimony as Pennsylvania No.
vein, and also what has been claim
ed by 1t as a vein within a portion of
the Johnstown lode claim, the Snow
Bird lode claim and the Pennsylvania
lode claim, and designated in its tes-
timony as Pennsylvania No. vein,'
are not veins.
NVl.-That there is no vein. lode or
ore deposit which has its top or apex
in the Johnstown lode claim outside
of the parcel of ground owned by the
plaintiff and described in it's complaint.
and all the veins in said claim have
their tops or apices in said parcel of
ground, and extend on their course or
strike westward through the west end
line thereof and through the west end
line OF said JohnstoWn claim. except
ing only the said north connecting vein
which departs through the north side
line.
"XVII.-That the testimony in this
case does not disclose or establish the
existence of the top or apex of any
vein or veins, lode or lodes or ore de-
posits within the northerly half of the
PENNSYLVANIA lode claim, lot 172.
"XV1lI-That there is no vein or
lode, ledge or mineral deposit which
has its top or apex or any portion
thereof within the Johnstown lode
claim, outside of the parcel of ground
situated therein owned by plaintiff, and
described in it's complaint or in the
Snow Bird or Pennsylvania lode claims,
which on it's dip or downward course
intersects, joins, unites with or passes
through any of the veins, lodes, lodges
or ore bodies which have their tops
or apices within plaintiffs premises
aforesaid, and which on their down
ward course depart therefrom and enter
beneath the surface of a portion of the
JohnstoWn lode claim. the surface of
the Snow Bird lode claim, and the sur
face of the Pennsylvania lode claim,
as hereinbefore found.
"XIX.-That the defendant has
claimed and is claiming some title and
right to the plaintiffs premises and
to the veins, lodes and ore bodies hav-
ing their tops or apices therein, and
departing on their downward course
therefrom.
"XX.-That the west boundary line
of plaintiffs said parcel of ground,
which is designated in said descrip-
ton as south % degrees 40 minutes west
235 feet, and the extension of the same
TO the south in its own direction to the
plane of the west end line of the
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