Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-12-29
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gr9es west into and through the Grand
! Central grounds
The evidence OF the witnesses for the
| respective parties with reference TO the
| apex, strike and dip Of this vein is lr-
| Iec0nsllabIe, and no theory upon these
issues is open for adoption whereby the
| totally divergent views expressed by
those learned In the science OF geology
and mlneralogy can. 10 any degree. be
hafmon2ed. In such a case IL only
remains for the court 20 adopt that
view which, from the entire evidence,
both the witnesses and the physical con-
dltIon Of the mines and the workings
therein, as shown by the evidence
seems the most reasonable.
From the statements OF the experts
and the geological authorities read at
the trial upon that subject II appears
that the vein found In the mines In
question and that the vein On dispute
are what are termed substitution veins.
but with an almost entire absence OF
either a discernble foot or hanging
wall, the extent OF the vein or It's
the naturalization. Such a vein is
formed by the mineral waters OF the
deep passing up through assures or
fractures which watera when coming
In contact with soluble country rock,
such as limestone. eat into and substi-
tute themselves for the original rock
matter. with the result that what was
at one time country rock becomes by
or
AZ points such as the Cunningham and
Butterfly Slopes cross. hssures have
brecciated the rock opening Il up loose
~ so that the mineral solutions could
freely circulate through the strata, ma
king great expansions OF ore The alb
sence Of well defined walls typical Of
substitution veins renders the exist
ence OF lis identity and continuity
matter difficult OF ascertainment. and
In the absence OF mineral or mineral
bearing rock Il may be said that such
a vein can be no longer traced. II is
apparent that such a vein Is not within
the same rule OF law as regards proof
Of continuity as Us a vein having WELL
defined walls, between which the ore or
mineralized vein stun is found. Meth
er would the same rule apply 10 II as to
a contact vein. Proof Of the continual
ton OF the walls In the case Of the two
latter veins IL accepted as establishing
their continuity even though between
these walls there might be, for a con-
siderable distance, an entire
ABSENCE OF VEIN MATTER,
or though the walls may come prac-
tlcally together, then again separate
below. From reason and under the
law, 10 establish the continuity OF a
substitution vein II must be traced
through the surrounding country rock
by practically continuous mineral or
mineral bearing rock, although slight
Interruptions Of mineral or mineral
bearing rock viii not destroy its Identity
Having ascertained the character OF
the vein In dispute and the evidence
legally required 10 establish It's con-
tlnuity We VIII proceed to examlna-
ton OF the second defense relied upon
by the plaintiff, namely. the strike OF
this vein; a consideration Of this de-
Tense necessarily involving the ques-
tion Of an apex and the continuity o.
a vein north OF the south end line OF
the Silyeropolis extended easterly. II
Is well-established principle Of law
that the strike or dip Of a vein once
established, a presumtIon arises that
Il Will continue on this same course.
This principle Is equally recognized by
those locating the operating mines. The
IN this case then, exists
that the strong ore-bearlng vein apex
ing at the south end Of the Mammoth,
with a known course to the Cunning
ham stope practically north and south,
will continue beyond that point In It's
own direction. and that Il will be found
with It's general strength and
richness. Acting upon this reasonable
hypothesis the defendant the Mann
moth company, has expended thousands
Of dollars In running drifts and cross
cuts on each level OF Its mine from the
Condor tunel 10 the 500, with the ex-
pectation that its vein would be en-
yet while some assures bear
ing ore In small quantities have been
opened and many assures containing |
slight naturalization followed and pros
pected. no such vein as that found south |
Of the Cunningham stope has been dis |
covered, and II this vein does continue |
north. as claimed by the defendant, It's |
identity can only be accepted by ad- |
hitting that from the Cunningham |
stope on Il has become practically bar |
rem. Upon many Of the levels from the |
800 10 the 500 crosscuts running In |
westerly or northwesterly course have |
been driven, with a view OF prospect |
Ing for a substantial ore-bearing vein. |
In many Instances assures, fractures |
and crushed rock have been encount- |
cred by these cross-cuts, but so far
NO ORE BEARING VEIN
81 any considerable. capacity has been |
opened Upon the fourth, nth and sixth
levels Of the Mammoth mine and IN |
what is designated by the witnesses for
the defendant as the front vein, which
Is $50 feet westerly Of the west side line
u the Mammoth, is found a vein OF