The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-12-29
Grand CENTRAL wins
SUIT AGAINST MAMMOTH
law Of Extralateral Rights Not Applicable Il
Mammoth Vein.
Judge Higgins Decides that Grand Central Owns the Ore
Within Its Territory.

sures bearing ore in small quantities have
been opened and many assures containing
silght minerallzation Followed and pros
pected. no such VEN as that found south
OF the Cunnirgham stOpe has been dis
covered and If this vein does continue
nUrJ7 as claimed by tne defendant. its
identity can only be accepted by admit
ting that from the Cunningham stOpe on
ii has become practically barren.
Upon the fourth. fifth and sixth levels
OF the Mammoth mine. and In what IS
DESIGNATED By the witnesses for the de-
, PENDANT as the front vein. which IS l5J
feet westerly of the west side line of the
Mammoth. is round d vein of considerable
magnitude, from which ores of great
amount and considerable value have been
extracted These ore bodies, II is con-
tended by tie defendant, are the cOntinu-
alton of the main vein from the south,
ana IS the vein upon the dip of which the
ore bodies in dispute are TO be found to
'.If this contention is correct, then this
vein should be found both north and south
OF these ore bodies upon the same course
Continuity of Vein.
Absence of mineral or mineTdl-beaTlng
rock tor short distances must be the eX-
cepGon, but in the case at bar. in order
Ia establish the continuity of this Vein
t-G--- the surface 10 The Grand Central
ore bodies we are cOmpeued TO assume the
existence OF mineral or mI1er3BZed mat
ser between every ieEcl ana ior compare
IlVely long distances To say that between
the fO0-tOOt IeVel and the ore bodies west
e-lV in the Grand Central ground, an
area undeVeiODed and uneXplOred there
is a ccunect5r- vein of mineral or min
ereli2ed matter, is TO enter into the wild
est domain of conjecture. unwarranted N
law and in fact
"A main vein to the north not being
found by the prospecting and develop
menC in the Mammoth. and the cOnun-
ullS OF no vein having Deen proved from
the assumed apex in the Mammoth to the
orc aOuitS Al ,uG ,<ranQ central. tne IN
ference is not only rational but wholly
-HT - n o. no n
extend north, but departs on its strike
northwesterly IN the course and at the
point claimed bE the Plaintiff the Grand
''-:-a court finds that this vein on its
strike daoarts from the west side line of
the Mammoth before it reaches the south
end line of tAe. SilverOpOIis extended and
that il goes on its strike thence north
% degrees west a distance of 675 feet,
the-.ce north 10 degrees west until it
reaches the Butterfly stOpe.
Grand Central the Owner.
Further that wherever this vein en-
tiers uDOn the ground of the Grand Cen
tral Mining company, the plaintiff here
in, that as against the defendant the
ores therein Contained
The restra5nir- order heretofore is
sued on the Sth day OF September. 1893, in
favor of the plaintiff the Grand Central
company. ana against the defendant, the
Mammoth company, Is hereby made per
The temporary restraining order is
sued on the 10th day of November. 1890. in
favor of the defendant. the Mammoth
COMPANY and against the plaintiff. the
Grand Central company. is hereby dis
solved.
the plaintiff is entitled to recover It's
costs herein The court further finds the
plaintiff entitled TO an accounting for
the value of ores taken from the vein in
dispute by the defendant within the bOun-
diaries of the Grand Central ground. and
II having been heretofore stipulated he
twee2 the parties hereto that in the
event an accounting was by the court
ad1ud-ed necessary. that such account
ing mi-lu be had before "a referee ap-
pointed by this court, the court now deS-
ignates and appoints as such referee for
such purpose Charles W Boyd. ESQ of
Salt Lake City, Utah. who shall after
due --9t-cc given of the time and place
thereof. proceed to hear the testimony
regarding such accounting offered by the
respective parties and ascertain the value
OF the orc so taken and who shall re-
port his findings, conclusions and decree
to this court for confirmation and ap-
provaI.
The counsel for plaintiff will prepare
FINDINGS. conclusions and decree in con-
torTity with the above decision"