Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-06-25

tween the last Chance vs.. the Bunker |
Hill & Sullivan, is perhaps the most
comprehensive and far reaching, cover
ing as it does the question of extra |
lateral rights in all it's phases. The case
was tried in the United States Circuit |
Court of Appeals fo, the ninth district. |
[From the Mining and Scientific Press.
Appeal from the United States Circuit
Court for the district of Idaho, northern
division.
w. B. Hepburn and John P. Gray,
attorneys for appellant.
Curtis H. Lindley, Henry Eckhoff
and M. A. Folsom, tt'ys for appellee.
Before Gilbert, Ross and Morrow,
circuit judges.
Ross, circuit Judge, delivered the opin-
ion of the court. -.
In the court below the appellee was
complainant and the appellants defend
ants. For convenience of reference the
complainant Bunker Hill and. Sullivan
Mining and Concentrating Company will
be referred to as the Bunker Hill COM
pany; the defendant Last Chance Min
ing company as the Last Chance COM
pany; the defendant Shoshone Mining
company as Shoshone company, and the
defendant Empire State-Idaho Mining
and Development company as the En-
pire company.
The bill of complaint alleges the Bun
ker Hill company to be the owner in fee,
in possession, and entitled to the pos
session, of that certain mine and lode
mining claim situated in Yreka mining
district, Shoshone county, Idaho, known
as the Bunker Hill mining claim, and
specifically described in the bill; that
within that claim there is avein or lode
of rock in place carrying silver, lead,
and other valuable minerals, the general
course or strike of the top or apex of
which, at the surface within the claim,
is northerly and southerly, on which
course the top or apex of the vein cross
es the southerly end line thereof at a
point 300 feet westerly from its corner
No. 8, and, continuing on it's northerly
course, the top or apex of the vein
passes through the claim and crosses the
northerly end line thereof at a point
about 700 feet westerly of corner No.
of the claim, and that the said vein OF
lode on its downward course westerly
passes out of and extends indefinitely
beyond vertical plane drawn through
the westerly boundary thereof; tha
this vein or lode is the only vein or lod,
having its top or apex within the limits
of the Bunker Hill claim, and is the veil
or lode originally discovered on the 10tl
day of September, 1885, by the grantor
of the Bunker Hill company, ATTACHED
to and made part of the bill is dia
gram which shows that the claim wa
! located across the top or apex of tn
vein, instead of along it. 1t is not show
or suggested that this was knowingly o
l purposely done; on the contrary, it ap
= pears in this and other records in thi
! court that at the time the Bunker Hi
:. claim, and others within the immediat
vicinity, were located, it was suppose
: by the locators thereof that the vein G
S lode outcropping thereon ran in an east
e erly and westerly direction. The fac
I is referred to by counsel for the preser
:, appellants in his brief in behalf of tn
= Empire company in cause numbered 90
where, in speaking of dispute betwee
e the owners of the Stemwinder and En-
t ma claims in December, 1885, he sait
4 ''The Stemwinder at that time lay in a
= easterly and westerly direction; it we
y supposed that the lodges ran easterl
{ and westerly; and that the ledges of tt
It Stemwinder and Emma were separat
and parallel lodges" What were il
II tended as side lines of the Bunker HI
claim, therefore, actually becanae i
end lines, under the familiar doctrir
Il hereinafter referred to.
a The bill further alleges that the Bul
e ker Hill is, and for many years h;
= been, the owner in fee and in the actu
and exclusive possession of the Bunk,
= Hill claim, and of the apex of the Bunk
. Hill lode within the claim, and of sue
W part of the said vein or lode throughol
3 its entire depth as lies westerly fror
.s outside of, and beyond a vertical plai
l. drawn downward through the wester
y side line of the claim, and between We
Is tical planes drawn downward throul
end lines thereof extending indefinite