Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1899-09-02

Involves Valuable Gold Ore Bodies
ON Adams Hill.

Involves Valuable Gold Ore Bodies
ON Adams Hill.
Governor Ssdler has commenced en- &C
tion in the Third District Court against
G. F. Wittenberg. Madeline Fraser. Alex
snder Fraser and others, which will prob
ably develop into n Of the most import
ant mining suits affecting the mines Of
this district since the trial Of the famous
Eureka Consolidated-Richmond suit,
which u will be remembered was finally
determined In the United States Supreme
Court, and in which many OF the most
knotty problems Ia the mining laws were
decided.
The Governor sues 10 recover certain
mining ground claimed TO belong to the
Morning Star" and " Lone Pine mines,
situated on Adams Hill, In which he Ia an
owner. He also claims $4,000 damages,
caused by reason Of the extraction Of ore
by the defendants from the mining claims
mentioned.
The SENTINEL understands that the prin-
cipal contention will be based upon the
bearing Of what is known as the apex rule,
which permits the owner Of . mine to fol.
low all lodes, veins or Lodges, throughout
their entire depth, although they may ex-
tend through the side lines OF such mine,
where the top or apex lies within the sur
face lines extended downward vertically.
1t appears that the defen dants are the
owners Of recent locations adjoining the
Lone Pine" and Morning Star" known
as the "Auro," "Cyanide" and West
Cyanide" and Ii ID claimed by plaintiff
that they are now working in . drift in
one OF these mines which is running 70.
wards the ground owned by the plaintiff.
but it is claimed by defendants that ct the
lowest calculation they are $50 feet beyond
the end lines as extended, of the Morning
Star and Lone Pine, the mines upon which
the plaintiff rests his case. and under the
well known rule (even though there be .
"lode" in Adams Hill, which is disputed
by defendants), they are still beyond any
conflict with the mines In which the plain.
tiff is interested. Exceedingly rich ore
has recently been taken from this drift,
and il seems to be the belief OF Governor
Ssdler that ID is from Q lode or ledge which
il Is claimed by him has its top or apex
within his lines.
On the day suit was brought. plaintiff.
through his attorneys Wren d Julien and
George A. Bartlett. Esq, applied 10 the
Court for a temporary injunction pending
the final determination of the action. On
the hearing Of the application. Peter
Breen, Esq, attorney for the defendants.
moved that in lieu Of an injunction the
defendants be permitted TO give an under.
taking in 9 sum 10 be fixed by the Court,
conditioned for the payment to plaintiff Of
all damages he may sustain by reason Of
the defendants working the mine In dis
pute. extracting ore therefrom, and apply
ing the same to their own use until the
final determination of the case. This was
consented 10 by plaintiffs attorneys, and
10 was stipulated and agreed by all the
parties that defendants give an under
taking by 8 P. M. next day in the sum OF
$4,000. The undertaking was fled and
approved on the 30th, and all interested
are now. 30 far as the use and occupation
Of the property are concerned. in the
same position they were before the insti-
tuition Of the action.
By stipulation Of the attorneys the
Court also made an order which provides
that either party may go upon and into
the workings Of the disputed ground with
q competent surveyor for the purpose Of
making surveys.
The action will probably not come up
for trial before the December term.
We are credibly informed that the ore
recently discovered by Messrs. Quinn and
Wit.snberg. lessees in the disputed
ground, 10 Of high grade. The first ship
msnt Of II tons netting 81 1000. and the
second and last shipment Of 20 tons net
ting 5 1890, some Of the last running ss
high as Ga ounces In gold and $50 ounces
in silver.