The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-02-18
GRAND CENTRAL
MAMMOTH CASE
loios MarioneauE Finds for the
Former Company.
4-
SAYS THERE ARE TWO VEINS
AND MAMMOTH HAS NOT MADE
GOOD us ALLEGATIONS.
SAYS THERE ARE TWO VEINS


~ nov famous Northumberland
central ease today. u is "A very vo-
r-rfrous document and goes into tho
matter .u a way showing the judge 10
no perfectly familiar with his subject
sra stating what the cause Of action
ii. the Judge deals with the matter as
if MAS presented at the time his advis-
o-v fuy returned it's findings. as fol-
lows
Iua the trial of this cause. jury was
called as advisory 90 the court upon GER
-.Hr issues which We're submtte5 tu them
r ADVANCE ot lhe taking Of testimony
Ipqr fha preparation of these issues.
counsel FOR The defendant requested the
court to submit go tine jury an inquiry as
r0 where tuc strike of the vein was o. be
found o. LIey should be Of the opinion
dad Is Ii5 net continue IN lot IS as far
ra.h rs The southerly end inc OF the
-#-.rlln.is south end Vino prolonged
eastward across lot p.
T.- counsel for the plaintiff objected
fg the submission Of such question,
urou she ground that finding upon e
uu.f not Boz material 90 the issues
framed hv TIE pinadinGs. and counsel for
the defendant company thereupon replied
that if -It4 question should be sub
uftfd and The jury should find i'm re-
Spending go it that the vein does not con-
ul-a M Dot 3a up 20 che southeriy enc
line uf Ila Si.Veropolis claim prolonged
eastward across Tot &s, but, departing be-
fore 30 reached that point. it. stiu con-
tages ON It's strike north and parallel 10
t1r side lines Of l1t g. and in the Golden
king and BRADLEY claims he WOul0 then
ask tU amend the Counter-claim to con
form 40 such findings. The court how
ever did NOT submit such "a question To-
Ice Jrry.
Position Of the Apex.
A. ibis point. 1t may be- as wei &c men
ton that upon the coming I'm of the jury
with their findings the court estimated
end opinioned that the apex was between
tae south end line of the SilveropOlis pro-
lluEed eastward across lot d and the LOO
Foot Ilue iu the Golden King ard the
Bradley claims and that thereupOn John
d. Zane. of counsel for the defendant
stated that 30 after consideration OF
the case the court should Announce that
conclusion In IFS opinion. INC defendant
would desire 10 make an application TO
amend the eouuter-clalm to conform 10
that fIUQlng These circumstances are
mentioned 10 show the Interpretation put
upon the cOunter-claim by defendants
c8Uuse.. and 10 make IL 1 lain that IL is
conceded by them that an amendment
would Doe necessary to entitle them to q
decree 81 the -yein T. found TO have it's
apex entirely in the bradley aad GoideI
Hing mining claims
so the outset let IL be understood that
DO attempt VIII be made TO exhaustiv ely
review The mass OF testimony given upon
ths trial of this case. The nearing of the
Gaze urcupicC more than two moths Of
Che courts time and the pressure of
other business makes it impraCtiCable Tor
me Co state the evidence in detail.
Conclusions of Court
Neither shall f make an effort 10 ex-
plain tho case so deliberately as that the
whole controversy may be comprehendrd
lr persons unfamiliar with the mines in
Question OF with the testimony taken
ana the maps exhibited az the trial. L
think { shall have met the just eXpeCta-
tin1s 20 the parties I'm interest if 7 shall
briefly state the conclusions at which /
Ire arrived and some OF the reasons
upon which ] have based them.
The parties DO not differ materially in
their Views of the Facts in this cause ana
it is REGARDING the conclusions properly
tl ha d.duced from the facts practically
a-rag4 upon that this arises.
have already said that ] concur i'm the
finding of the jury that the vein ON its
strike passes out or Tot q at the Gun
m1Eham sr0pc. The back fissure certain
d. docs leave lot N at that point and that
fFCt alone would seem 20 dispose Of the
issue iu favor Of the plaintiff company.
tho defendant I'M the coUnter-Claim. But
mo merits of tho controversy cannot be
narrowed, as 10 seems 70 me, to the mere
question of the location Of the apex i'm
I.f -N
This Is the form the issue has taken.
t I~ true. but the substance OF the con-
t-nrarN between the parties. wholly
aside from the manner of pleading, Is
me question, Does the Mammoth Mill
ing company. or the Grand Central MIN
WE company. oWu the ore bodies under
r'ath the Silveropolis auG the Consort
claims between the planes drawn down.
ward through the south end line Of the
STerpICHs prolonged and the 1.1oo-foot
lH'- lu the last analysis, that is the
Tstl controversy.
Position of Ore Bodies.
As thr ore bodies lie underneath the
S.Ner)Uo''7 and tousort mining claims
Ir'sn-npn, civ they are the property of
20 Grand Central Mining company. and
fHfT aHuUt Doe entered upon by the Mann
moth Mining company unless the latter
can show they are In vein or lode
Nl"7 has its ton orr apeX within the
t'Inn riss off some claims of which 10 is
me VHer. Tn the present action. the
7.aDt company has sought TO show
.If. such 1nnN exists Don Tot .S between
ie planes heretofore mentioned.
Tho 1nry has found with the concur
t.''g "t The COURT that the aneN does
.'' exist there. but the fact does not
'.as- r.N establish that the ore bodies
Question are NOT in any vein or lode
Which tho defendant company has the
.'> nou that point. as TO whether the
Is 'i tho lode is in any claim or claims
owned H. tnr defendant company. J think
. proper tn express my views. because it
.- ways appear from "a decision I'm
.'e'T uu1u what grounds the judE-
..- been given against the party.
'. because f. appears ne has mo-
,He matter in controversy. or
f I'M. has .Eiled 90 establish the
-..s specifically claimed I'm his plead
Vein Found by Replacement.
... '-.r -ac a.eN of which is BOD con-
.-s. .~ this action. is one found by
... -H".. The country is limestone
I'M. W'r.-HiiZiIg solutions. by which
#-.fe the ores We're deposited.
followed up such assures i'm the
mss extended 90 'he deep. eat
ON ..r limestone ON each side OF the
.". u-po~itinE one I'm las place.
D.. .1. same manner as I'm petrifed
.. vegetable matter has been re-
atom .nr atom with silica. This
't..' sTa limestone with ore
.... -. places bon the limestone tina.
t.lHu solutions found faVOra hll
opposition OF their riches. What
rendered particular portions
'. sociology does not teach as. ale
r .. Tact thai the assures h,,va
. .'t"na.S through which the min
.I'N'n> or VapOrs made their
. .-" manifest We do not always
." tho assures or even I'm nar=t
ALTON. because many of the HS-
.1. Hme dr not extend 90 tht
liberalization; but when We dt
'. naturalization. we very uni.
,-. agcompanyiuG 30 eve fssur,
wards '.''" ldNN'u Up
tn -..' 0f pho nature Of the country and
- .T '0 which tho ore has been ap-
t-.. deposited Z instructed the iury
limits uf naturalization must bt
,.- IS marking the limits of the
r- .'aa I coucurred with the iur,
f- .'1'n1 Thar the srsX is not fou,.a
~ within the planes In controver.
t,.s me reason that the naturalization
MA. N. reach upward SO as 10 fall
An vertical planes drawn 6ovnvar,
-A me side lines OF lot IS.
Belief Of the Court.
.- IN. nat eN'.ain why I stated TO tn,