The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-20
SOME MOTHER LODE MINING.

claim as determined by its own surface
end line. Then it crossed the line into
the rich ore which the Argonaut people
expected to reach with their shaft one OF
these days. About 5000 tons were extract
ed by the Kennedy company across the
line before it's rival succeeded in stop
ping it, about four years ago. The Ken
nedy company justified its operations by
saying that as the end lines of the Argo-
naut claim were not parallel the Arge-
maui company had no extralateral right
to follow it's vein under the property OF
absence of such a right the Kennedy com
pany was entitled to all the ledge in
closed by the side lines of the, silva
claim projected vertically downward. The
Kennedy company drew a line parallel to
the southern instead of the northern
boundary of the Kennedy claim and LETT
a great Wedge-shaped section OF the
vein in dispute Its total value might eX-
coed million dollars. A temporary IN
junction was issued in 1896 and the case
has just been decided in the Superior
Court of Calaveras County, to when II
was transferred. The case was submitted
and argued on an agreed statement or
chief legal point was as to the REQUIRE
ment that the Argonaut end lines musf
be parallel. Judge Curtis H. Lindley OF
counsel for the Argonaut side thus states
the effect of the decision:
1.-The real point in the case was whether
the Argonaut company had any extralar-
eral right by reason OF the non pa
Argonaut patent was issued 3 q pc pr n are
aiIel was passed. The court held that it's
extralateral right was determined Wholly
by the act of 1866, and that the case was
in respects similar to the Eure -Elcn-
mond case decided by Judges Field, saw
yer and Hillyer and affrmed by me
United States Supreme Court, wherein
the doctrine was announced that END hnes
are not required TO be parallel under the
law of 1866 to conform TO, to the provisions
The Superior Court grants a permanent
injunction and the .Argonaut company dy
and a right to the riches in dispute me
case will be appealed, however, and II IS
agreed that the disputed ground shan De
let alone until final judgment is given
Some interesting information is given IN
the agreed statement of facts. Between
October and December u, 1879, the hen-
across the line at 1900 feet or or more I6 re OF
depth. It's gross value was so 10 40 or
about s24 a ton. The cost OF its 90 n 81 Ia7
and milling was S6119 40. or only 81 81 per
ton. The net profit on this particular ore,
taken out within siXty-four Gays, Wd9
$50. 099 So But during the year peLoie ~
aDDears that the Kennedy people quletly
worked quite a bonanza over the line, LOT
If is charged that 5000 tons of the gross
value of $135 900 or $40 a ton was taken Out
The State Mining Bureau has good
deal of important work laid out for the
next two years in view Of it's appropria-
ton of $50 900, besides $1,000 for publishing.
The work of issuing the Register OF Mines
bv counties will proceed as soon as the
State Printer will do the work. The reg
isters for number of counties ie5o are mn nm
ished There will be much delay, now
ever Ever first, because the State Printer can
do little until July: and. second because ,l;99
when he is ready for business there VIII WI
Sources o9 "a IS % Besides the register and the &C
companyng county mining MAPS Gad the the
mans of various oil and asphalt producing
i distTic is and some bulletins on special
themes. Scientific field work will also be
resumed.