The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-12-29

district found the issues for the
,raintir i'm the suit Of thee Grand
central Mining company against the
Mammoth Mining company. Every
,..faI in the case was decided in favor
If the plaintiff. Judge Higgins DEGREES
,ra4 the Grand Central owns all of the
ore ia dispute and that it has a right
fo recover the value of the ore taken
,gt of the Silve~opolis and ConsorJ
claims by the Mammoth people.
I'm order go ascertain the value of this
are. "a special referee was appointed,
Charles ". Boyd of Salt Lake. Mr..
THyI viii take testimony and find eX-
qrtE how much is due from the Nam
moth t0 the Grand Central. He viii re-
mort this amount TO the court and a
Judgment viii be entered Tor it against
Iue Mammoth.
Effect on the Stock.
on the strength of the decision
Grand Central stock advanced 81 per
share on the euro, the news not having
reached the city before the close Of the
call ON the exchange. From $500, the
price quoted On the exchange. bids
were made up to $500 and there were
Indications that the stock would go
higher Tor no holder could be found
VINO was willing to sell 1t was freely
predicted that Grand Central would
sell at 81 on the opening OF the can
Monday morning
No trading was done in Mammoth
stock. but il was offered at from 5 to
IL cents per share lower than the ex-
change figures Its holders do not
anticipate any very decided slump for
the reason IhaU the very rich ore
bodies recently broken into in the
Mammoth are not in the disputed
ground. This win have the effect of
holding the stock up to practically its
usual figure.
The case viii be carried up to the
supreme court, and eventually to the
supreme court of the United States.
Judge Higgins opinion covers four
Teen pages of typewriter legal cap
PAPER. The first four pages are de
voted To resume OF the issues invOlV-
Ed. As is wei known. the Grand Cen
iaI I'D september OF last year filed a
suit against the Mammoth to recover
Sa>ltV1 the value of ore taken out
eff its SilyerOpolis and COnsOrt claims
joy the Mammoth. At the same fiuoe an
order was asked and granted restrain
ing the defendant from taking out any
more of the ore
some time later the Mammoth filed
aH answer and cross complaint setting
up that IL was following lis own ore
bodies and asking Judgment against
Jhe Grand Central for $3.50 O0G. the
pany from the ground in dispute. The
Mammoth based its answer on the al
legation that the apex of the vein was
IN its territory and it had a right TO
follow the ore no matter where il led.
Judge Higgins Opinion.
Judge Higgins opinion is in part as
fellows.
The plaintiff presented two propositions
us -founcS OF defense. either oI which il
established must defeat the contention of
Boz defendant mat II has the apex of
Doe vein Ia which are found the ore bodies
- dispute Such detenseS may be stated
.- follows.
"First-That the apex of the vein start
at the south end of the Mammoth
lEeS that claim before it has gone as
.r 90 the north as the south end line of
DID,. SlErTop0lis extended eaSteriy.
-SrcouG-that the vein on its strike
caves the Mammoth ground at the north
.t OF the CunulngJOn stOpe. from which
|sll il has course 20 degrees west .
hence north 10 degrees west into and
EuuCh the Grand Central grounds.
Experts Disagreed.
.Tue evidence of the witnesses for the
'.-.r..lTe parties with reference To the
...N. strike and dip of this Vein Is ire
.n.l'iable, and no theory upon these
--.s~ j. open for adoption whereby /
.s Totally divergent views expressed by /
.r~e learned in the science of geology /
.- nil.raiogy can TO any degree be har- [
From the statements Of the experts /
. t-r geological authorities read at the (
..-l LHHl that subject, It appears that 1
- ...u found IN the mines liz question (
That The vein IN dispute are what are 4
...ta SUBSTITUTION veins being veins /
king Ut the nature OF assure veins. /
WITH an almost entire absence OF +
-..- 90 djscernibie foot or hanging wall, /
. extent OF the vein or its boundaries
- defined by the limit Of the mineral /
.lHH- Such vein Is formed by the !
-EH. waters OF the deep passing up |
......-- assures or fractures which Wa
.7 when coming in contact with sOlu I
.- country rock such as limestone eat /
.r +Hl substitute themselves iorF the
.-'.#. rock matter with the result that
To-. was 90 one time country rock be
...- Hr this process ore or mineralized E
..E- AT points such as the Cunning
.aa Butterfly Slopes cross assures
... "7"rgiated the rock. opening 10 up I
-.. SEQ thar the mineral solutions
freely circulate through the strata.
...- great EXPANSIONS of ore
.. absence of well defined walls. typi-
. .. substitution veins renders the eN-
. .f lis identity and continuity
...." difficult OF dScertaiumenT- and in
absence Ot mineral or mineral-bear- /
.. * L- may be said that such vein
.. r. longer traced. IL is apparent
-.. "a vein is not within the same
.. law ass regards proof Of contin-
-- The vein having well defined
- between which the ore or mineral
vein stun Is found.
Not a Contact Vein.
-....r would the same rule apply TO
Tao d. contact vein Proof of the
.....a-lH- of the wallis i'm the case Of
Ssh" latter veins Is accepted as est3b-
..- .|"fE rguTluulJ1- even though be-
These walls there might be- FOR a
.+H-e distance an entire absence
... matter or though the walls may
practically together. then again sep
g reason, and under the law, to
-. tlr continuity of substitution
t-I-r be traced through the sur
country rock by practically con-
mineral or miner dl-beaTing rock ;
-. -lg1t interruptions of mineral
.r.'-oearinE rock viii not destroy
....-.rE.
.' .- ID WeII-aetsbIshed principle of .
..". the strike or dip OF a vein. once
...-'e. presumption arises that il
..l.He uU thIS same course. This
..- t~ equally recognized by those .
....- ana operating mines. The pre- [
.....-'H Odd il1S case then exists that the
- 'Fv-ueaTluE vein dpeNIng at the
.. ""a nt the Mammoth with a known
Use lo the cunningham stope practi- {
.E HHrfa and SOIth viii continue be- I
.-tl Holut in It's own direction. and
- VIII be found nOrrherly with its
..-..- strength and richness.
Vein Becomes Barren.
..--E upon this reasonable hypothesis.
.--rE1aui. the Mammoth company
~ -AHrHc=d thousands of dollars in run I
2 ~ 30 aus ana croSS-cuES on each level
. .i'I1t. from the Condor tunnel 10 the
Run tAs eNprrtatioU that its vein Z
-'- NE encountered Yet while some Gs- I