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


south So degrees % minutes east 1856
/ feet; thence north 4 degrees 80 minutes
| east A feet to place of beginning, con-
| tanning an area of 100 of an acre
| "XXIV.--That the Rarus lode claim
referred to in the evidence herein, and
shown upon maps herein in evidence,
was located on the End day of October,
1878.
| "XXV-The location of the said
/ Rarus claim is prior in time to the 10
cation of the said Johnstown claim.
| "XXVI-There was discovered vein
! or lode of quartz and other rock in
place, bearing gold silver and copper,
within the limits of the Johnstown lode
| claim at and prior to the time said
| claim was located.
| "XXVII.-The vein or lode called by
| the plaintiffs the Johnstown discovery
vein was discovered and known to eX-
| list at the date of the location and is
the vein upon which said location was
based and made, and said vein is con-
nected with and part of the ore bodies
| IN controversy in this action.
| "NNVIII.-That the body of ground
| lying between the assures called in the
| evidence the east and west transverse
assures does not constitute a vein or
lode within the meaning of the laws
| of the United States, or at all.
| &XIX.-That the body of ground
| lying between the so-ca1led transverse
| assures or east and west faults has
| not been moved or crushed SO as to
| destroy the continuity or identity Of
| the veins and ore bodies lying therein
| or their identity or continuity with the
| portions thereof lying east and west of
| said transverse assures. Said veins and
| ore bodies are continuous on both strike
| and dip through the ground in question.
| That the veins existing to the east OF
| the east transverse assure are the
| hat saiI
| transverse assures and to the west of
! the west transverse fissure and said
! veins east of the east transverse fissure
| do not terminate on their westward
strike or course at or against said So
| called fault or fissure.
'XXX.-All findings of fact requested
by either party hereto, and not ex-
pressly found herein, are found against
said requests as fully as If set out
herein specifically and in full.
AASI.-1 have to report that in
company with Mr. Robinson, on the
part of the plaintiff, and Mr.. Word, on
the part Of the defendant, on the Goth
day of October, 1899. went down in
Rarus shaft No. and first visited the
f00-foot level, also the 900. $780, $50, 400
and 210-foot levels. The said gentle
men very promptly and gentlemanly
answered all my questions.
Conclusions of Law.
THE court finds as conclusions of
law from the foregoing facts that the
plaintiff is now and was at the time of
the commencement of this action and
for long time prior threto had been
the owner in possession and entitled
to the possession of said parcel Of
ground situated within the Johnstown
lode claim, and particularly described
in the complaint and in these findings
and OF all ores and metals therein con-
tanned. and all veins, lodes. Lodges and
mineral deposits having their tops or
apices therein, together with all their
dips, spurs and angles throughout their
entire depth: within planes, one parallel
with the end lines of the Johnstown
claim drawn downward vertically
through point on the south side line
of the Johnstown lode claim, lot 173,
294 feet westerly from the southeast
corner of said claim, and extended in
its own direction to an intersection
with the outside portions of said veins;
the other drawn through the west
boundary line of plaintiffs parcel of
ground designated in the description
as south % degrees 90 minutes west 235
feet, extended in its own direction to
an intersection with a plane drawn
down from the Surface through the
west end line of said Johnstown lode
claim, extended in its own direction
to the south. and then following said
plane TO the south, said plane being
extended as aforesaid to an intersec-
ton with the exterior portions of said
veins, leads, lodes, lodges and mineral
deposits, and is entitled to enter the
Johnstown lode claim, the Snow Bird
lode claim the Pennsylvania lode claim
and the ground to the south thereof be-
meath the surface and to pursue and
mine the ore from said veins, leads,
lodes, lodges and mineral deposits. from
their apices downward, throughout
their entire depth, within the planes
above mentioned as we'll above the
lowest of the levels and workings made
therein as below the same, and that
the defendant has no right or title to
the same or any of them, or to the
parcel of ground described in said COM
plant and that the plaintiff is en-
titled to a decree establishing it's rights
and ownership therein and forever
quoting its title thereto, and to the ex-
tension of the same into the earth, as