Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-10-22
BIG MINING CASE.



terosts represented by Leonidas NJ
Lovton. W. J. Harvey Edward Bal
l1ch. Jr., Heber NJ wells. Enos a,
Wall Thomas Kearns and Junlus T.
Wells was begun in the Federal Court
Judge Riner OF Cheyenne occupying the
bench The hearing was opened WitA
presentation Of the case by Judge
Dickson for the plaintiffs. after which
testimony was given by John NJ.
Manimus and j FeWson Smith. Jr, Il q
former telling Of the existence Of ire
GEazly claim now In litigation. and
the latter tostifyiug % having surveyed
q great many Of the claims In question.
Judge DicRson's statement Of the case
Wss as follows
"Our contention Is that running east
cry and westerly there ~ belt Of lime
stone which We say Is the lode, and
that every part or parcel Of the limo
stone Is part and parcel Of the lode.
That II Is bounded ON the south or folt
wall side by 1uart2ite. that through
0ut the greater extent 10 the northerly
or hanging side, II ia also bounded by
CuartZlte but In places pOrphyry bod
'es come In between the quartzite and
the lime, and IN such cases porphyry
constitutes the hanging wall.
'We VIII show In addition TO these
boundaries that ! have spoken OF, thtt
the limestone itself nowhere exceeds
ia width 200 feet and from that down
10 100 feet, We would expect to see the
limestone broken assured and
cracked. folded and rolled by the pro-
cess OF uplifting, and we say and viii
introduce evidence In support Of this
that that Is precisely the condition we
find here We find innumerable fis
gures, many thousands Of them, This
limestone belt extends for 10000 feet
and the bent is very generously min
erallzed and the mineral Is confined
Between these quartzlte walls
Now Of these many assures that !
speak. some Of them are running a.
most north and south. We trace some
Of them to the foot wall and then stop,
There are other assures IN great num-
Der. running parallel with the base ~
The limestone and In addition to these
are assures running in almost every
conceivable direction and the result ~
this has been to change the limestone
m. chemically. Vt has also changed
chemically, so there cannot be founl
today in that belt Of limestone any
remnant OF stratiheation Of the lime
There are one or two places whore there
nre left evidences OF qualification, bat
never extending IN the largest placer
over 100 feeet. II has been also marble
lzod, due doubtless 10 pressure al 4
heat, but speaking generally the whole
belt Is limestone, which we say is the
vein
"Then when we come TO the ore DO l.
les This vein dips In a northernly d.
rectlon at an angle Of 20 and sometimes
os Gar as 40 degrees horizontal, but we
find speaking again generally, that the
ore bodies In this limestone are con-
formable TO their dip to the strata in
tho bed of lime, showing that II Is a
bedded vein
again as to the extent OF mineral.
PATTON, we viii show that in this great
stretch Of 10000 feet upon this VEN
thare are many places where We follow
ore continuously, and when ! say ore,
| mean rich ore. shipping ore, from
the quartsite foot wal to the qunr'z-
tie hanging wayy Then, again, there
win be isolated bodies Of ore In the
llmestone,apparently disconnected from
any other ore body Subsequent deve.-
opments viii show that they have been
connected by q narrow seam Of ore and
lead into this apparently disconnected
body.
"Our contention viii be that the por-
pfyry came In after the naturalization
ot the vein. and after that there was
a subsequent fissureing of the country.
a system Of assures nearly north and
south Those assures we claim, were
rubsequcnt 20 the naturalization or
formation Of this bedded vein that We
speak Of
THE defendants contention Is that
there are two veins. There II bed,
they say, which has It's apex in Kemp
ton ground but how far In an easterly
tr westerly direction do not know. IN
their amended answer, filed here today,
II rs alleged that In addition TO this
pcdded vein here IN the kempton there
rs another vein In the Ashland, which
IS a fssure vein. And while the orig
innl answer IN this case alleged that
an the ore bodies In this case lay In tn
Oedded vein. the amended answer says
thar some Of them are In this assure
vein which runs through the Ashland,
ans some Of them on the kemptOn
vein
JUDGE HlLES NOTION
When court re-conyened this morn
ing additional testimony was taken on
the same lines. after which Judge Og-
den Hiles for the defense made an ar
gument In support OF his motion 10 dis
miss the amended bill of complaint or
10 enter an order directing that plain
TN be required TO plead the law issues
involved in the case which appear On
the face Of the amended bill and now
On the evidence which has been ELECTED
by plaintiff In support OF Il.
This motion Was made on the
grounds:
Of. That Il appears by the amended
bill of complain that the defendants
were AZ the time Of the commencement
of the action and the filing Of said
amended bin and are now IN possession
OF the mine and lode mentioned In said
amended bin o. complain from the sur
face OF the earth iu Kemp,on and Ash.
land ground on It's dip under the ada
cent alleged mining claims called the
Jordan Extension. Grizzly. Northern
Light and Fairylow claims.
"2 That 90 apepars from the evil
dcncp which has been elected by plain
tiT IN support Of its said amended bill
OF complaint. that the defendants We're
az the time of the commencement Of
this action and az the time Of the
fling of said amended bin. and are now
iu possession NJ the mine and lode
mentioned in he amended bin ~ COM
plant from The surface ~ the earth I'm
Kempion and Ashland ground on It's
dip under adjacent alleged mini x
claims called the Jordan ExtcHi n,
Grizzly Northern Light and Fairviaw
claims
The defendants also asked for an or
der of court for "a trial by jury Of DE
question of their right Co The rosses-
sion OF the said mine and lode as shown
by the complailauts evidence.
The motion was taken uudcr advise
ment the court announcing thar me1n-
while the evidence Cor the defense
would be- taken. thus eXpeliting mat
t,rs as mucn as pusslble. An adjourn
ment was then taken TN this aite~-
noon.