Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-24
DEFENDANTS
SIDE CLOSED
Gov. Thomas Argues COnt!1-
uity Of Anaconda Vein.
BLUE VEIN WAS THERE
A Thing of Many Names Which Cut:
Off the ColuSa-Parr0t Ore
Body.
BLUE VEIN WAS THERE

- u"SAk "AAAA RDA
upon the change of front of the defense in
adopting the theory of the blue vein. He
thought it a strange matter that the blue
vein had been unknown until Professor
Shaler made the discovery. n pro-
fessor, he said, had testified that the first
theory formed of the veins converging
and then d%iverging before forming a
junction would not work"
Mr.. Scallon here interposed an objec-
ton, stating hat the defense had adopt
ed his theory for more than a year. The
, court, said he, had a recollection of
| Shaler's testimony on this point and that
| he remembered the professor aid that
| wouldn't work."
Mr.. Cotter entered into the question of
! the value of the ore extracted from the
Colusa-Parrot slopes.
MI. Sizer had placed the amount at
! $98, 300. This estimate was made on a
concentrating basis. The defendants
could probably show exactly how much
! ore had been extracted, but they had
I! not done SO.
Mr.. Vale followed Mr.. Cetter. and pre-
| sented the Anaconda side Of the argu-
| ment. Mr.. Vale said that the plaintiffs
had poked fun at the blue vein and at
tempted to show that it did not exist
; except in imagination, but 1t could be
| proved just as clearly as anything under
ground could be proved. He showed BY
the workings where the blue vein had
! been developed and where crOsscuts had
intersected it. The Parrot shaft, he said,
cut it at the 1900. There could be no
union Of veins on strike unless there was
union on dip. The Colusa-Parrot vein,
Mr.. Vale said, had never been found east
of the blue vein. This blue vein was not
a mere seam, but q continuous consistent
body that cuts through everything. Mr..
Vaile also believed in the drag theory,
which he said accounted for the presence
of the ore in the blue vein.
Governor Thomas of Colorado, one of
counsel for the defendant made the clos
ing statement for his side this morning.
He began by saying that the inference
which an auditor would have drawn from
MI. Cotter's remarks and especially his
concluding reflections was that the de-
PENDANT was seeking to acquire by legal
process a lode or vein which by right
of discovery and by the avs of the Unit
ed States belonged to the defendant com
pany. The offenseo of the defendant. Mr.
Thomas said, consisted in following q
large, persistent and consistent vein OF
are down to point where it departed from
the defendants territory.
One fact, however, had been establish.
ed and that was that the Anaconda veiE
was continuous anu identical and thai
the defendants had done what any in
dividual or corporation owning such q
claim would have don Hence the de-
Tense consisted Z. a denial. The defend.
ant company was not in court in the ligh1
of invaders of another's property. Or
= the contrary it was. merely in pursuit.
! Of it's legal rights according to the stat,
P utes.
! This. Mr.. Thomas said. was an ordi
} nary action OF treSpaSs brought tor dam,
{ ages for the alleged extraction of orr
) from the property Of the plaintiff. Thu
; whole matter hinged upon the alleged
( union of the Anaconda and Colusa-Parro
: veins; II such a union occurred it fol
5 lowed. according to the statutes. tha
; the plaintiff company was entitled to al
( the ore below the point of union.
) The history of mining operations show
I ed that veins were not isolated. Wher
; ever one vein was found there was likel,
( to be found others with different alp
& giving rise to various contentious. Their,
3 was a paucity of, judicial opinion, sal,
4 the speaker on the subject Of the uniol
: Of veins or their dip. In he matter a
: vious facts and many contested facts
, 1t vas admitted that on the mountai
! where the locations We're made Their
> were two or more assures, one an cas-
= n west 1ssure and the other a north
q west and southeast assure. 1t was ad
mitted that the country rock--the genera
: mass of mountain which enclosed thes
. veins-was interlaced with subsidiary fs
sures or yeinlets. all more or less miner
!, allied and yielding an appreciable valu
: in copper and silver. The casing o
the vein it had been shown was strongl
impregnated with the character of tn
mineral in the vein. >
The testimony had shown that tn
. Anaconda vein was persistent and uni
form On it's dip. It's hanging and foe
& walls We're found everywhere; they Nigh
varv q little in places but a novice /
mining might follow them easily. TIL
Colusa-Parrot vein was also a continu
GUS ore bearing vein, extending easterl
until it was cut off and disappeared. ]
was an obvious fact that if the Colusa
Parrot has established a union it has
right to a vein which is umbrella shar
d ed, with its point in the Colsua-Parrt
. and opening out as it descended int
the earth until it monopolized every
thing.