Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-12-29
GRAND CENTRAL
IS THE WINNER.
Judge Higgins Renders a Decision
inthe Big Mining Suit,
TEXT OF COURTS FINDINGS.
The Grand Central Entitled TO the
ore within It's Claims Damage
suit WIZ Come Up Next

Nestefua! afternoon IN the big mining
suit OF the Grand Central Mining com,
pany vs. the Mammoth Mining com.
pany News Of the decision, which was
IN favor OF the Grand Central. reached
brokers row late yesterday afternoon.
and 1t gave a marvellous impetus to
Grand Central stock, which advanced
over q per share before dark. The
case was tried on the cross-complaint
filed by the Mammoth, by which IL set
up its right TO mine the ore extracted
by virtue OF the apex law. In his
decision, Judge Higgins gives a state.
ment Of some Of the most important
facts, ne follows:
The North Extension Of the Nam.
moth. lot SS located under the laws OF
1855, Is a mining claim 200 feet I'm width
and 5000 Scet In length. having a gem
eral course OF Is degrees north So min
utes east Immediately adjacent 10 the
Mammoth ON the west are the Bradley
and Golden King claims. and Joining
the latter on the west is the Silver
opolis, the east side line of which is
concldent with the west side line OF
the Golden King Joining the silver
opolls on the west Is the Consort claim
The south end line OF the Slyeropolis
claim. II extended In its own direction
eastery 23O feet, viii intersect the west
side line Of the Mammoth claims al a
point 115 feet north OF and parallel
with the south end line Of such claim
.he Silverouols and Consort claims
re the property Of the Grand Central
dining company the plaintiff ana
rr0ss-defendant The North Extension
Of the Mammoth Is the property Of the
Mammoth Mining company the de-
tendant and crOss-COmplainant. Cross
ing the south end line Of the Mammoth
is strong vein Of ore, such vein ey-
tends north = distance OF 200 feet. and
along this entire distance there has
been found continuous ore bodies, but
now 10 a considerable degree worked
out AZ the south end Of the Mammoth
claim and near the working shaft this
body Of ore as now developed continues
with practically no interruption into
the earth TO a depth Of 1850 feet, and
the dip Of this part OF the vein is very
nearly vertical This vein apexes near
1he south end line OF the Mammoth
and within It's surface boundaries. ana
between such apex and the Cunning
ham stope there are surface indications
OF an apex or outcrop. At the northern
end Of the Cunningham stope there II
a slight bend In the ore bodies TO the
west Starting from this point there
has been found and stopped out large
and continuous body Of ore, which has
been followed IN Stopping ground con.
tinuously a distance Of about 1900 feet
from the Cunningham Slope northwest.
erly and northery. The course ~ this
stopping for distance OF ZOO feet Il
north u degrees west, thence out
through the Grand Central ground on
its course, which Is about north 10 de-
grees west.
THE LINE OF STOPPING
extends down through the south end
line Of the Slveropolis. thence on TO the
Consort claim. thence more northerly
TO the Butterfly stope, situated in the
northern end OF the Grand Central
claim. This line Of stopping, either on
one or the other levels OF the respec.
tive mines, shows a large and contnu,
Gus body Of ore which begins at the
south end Of the Mammoth and con,
tlnues 20 the Butterfly stope In the
Grand Central with a course Of con-
tlnuous stopping as above indicated. |
This ore body from the Cunningham
stope for a distance OF 600 feet westerly /
goes into the earth az an
angle Of 10 degrees from the /
horizontal; thence the angle hattens
20 30 or 40 degrees; thence runs hort .
zontally for some distance; thence 1
rises at an angle OF So or 40 degrees 10 /
the Butterfly stope, at which point an |
ore body has been worked continuously |
10 a depth OF over 500 feet Il Is from |
this continuous ore body that both The |
plaintiff and the defendant have ex. |
tracted almost the entire amount OF |
paying ores marketed by them. and |
which have produced values approxi- |
mating SS,OOO,OOO. On each level OF the /
Mammoth mine from the surface TO |
the 500, continuous drifts have been |
run by the defendant company parallel |
with the Mammoth claim, but mostly |
westerly OF the west side line thereof |
extended down vertically With the |
exception Of two levels, these drifts |
extend northerly beyond the l,l0O.foot |
line From these drifts q number OF |
crosscuts have been run in a westerly |
or northwesterly direction In search
OF ore bodies, but neither In such drifts
nor In the crosscuts at any point north
OF what Is designated as the Betsy
stope Ga body OF ore found on the 300
foot leyel about 100 feet north OF the
south end line OF the Siyeropolis claim
extended easterly), has any consid-
cradle body Of ore been found but as
"a fact with the above exception, all
the Mammoth ground so far as pros
pected northerly Of south stope, Is found
20 be practically barren Along the
different levels OF the Mammoth mine
are found
F1ssUREs EXTENDING NORTH
aud south which south Of the Cunning
ham stOpe are mineral bearing, but
from that point northward they dlmin-
ish in size and strength and mineraliza-
ton, becoming practically barren, From
the Cunningham stope and following the
continuous ore bodies leading from
thence northwest along the course
heretofore designated into and through
the Grand Central grounds 10 the But
terfly stope are also found strong fis-
sures; the surface OF the ground Of the
MaiDmoth and that along and above
the course Of the ore bodies IN the
Grand Central ground show about an
equal degree OF naturalization or equal
evidences Of the apex Of vein.
THE OPINION.
The issue involved Is one wholly Of |
fact There Is no difficulty when once
The facts are ascertained TO correctly
apply the principles OF law. Upon the
trial the plaintin presented two propo-
sltions as grounds Of defense, either |
% which, n established. must defeat
The contention OF the defendant that * !
has the apex OF the vein IN which are
found the ore bodies I'm dispute. Such
detenses may be stated as follows.
tlrst-That the apex OF the vein.
starting at the south end OF the Mann
moth, leaves that claim before IL has
gone as far 10 the north as the south