Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-07-02

course from where it cuts the south
boundary; that the foot wall is the well
defined and persistent feature of this
vein, and enters the Bunker Hill claim
at point on it's south line about 3OO
feet from the southeast corner, and, eX-
tending along its course at the surface
northwesterly, passes out of the north
line of the claim about 726 feet from the
northeast corner of the claim; that the
Bunker Hill lode has no physical hang
ing wall, no marked line complement to
the foot wall in defining the limit to the
fissure; that for its underlying boundary
it has a well-defned continuous bed OF
barren quartzite, but for its overlaying
boundary it has only an irregular and
vague outline of the limit of mineral
ization, from which fact, and the pecu-
liar geological formation of the lode, it
is very difficult to define this limit with
any degree of certainty, for which rea-
son much confusion and sometimes con-
tradiction appears in the testimony upon
this point; that the, weight of the testi-
mony shows, however, that the miner
alization of this lode or ledge extending
from the foot wall into. the hanging wall
country, gradually fades in value until
certain point is reached $50 or 400 feet
ont, where the rock is practically bar
ron; that the lode or vein in passing
through the Bunker Hill claim takes a
northeasterly and southwesterly direc-
ton, and so intersects the north and
south lines of the claim, which lines,
while originally located as side lines,
are in fact its end lines, and the origi-
nal end lines become its side lines; that
there is within the surface boundaries
of the Bunker Hill claim the entire apex
of the vein for a length of GIG feet,
measured on the line of the foot wall at
the surface, and that a segment of part
of that vein departs from the perpen-
dicular in it's downward course and eX-
tends in westerly direction under the
outside of the westerly side of the claim,
the same having been originally located
as the westerly end line, and between
vertical planes drawn downward through
the end lines of the claim as above des-
ignated, so continued in their own west
erly direction indefinitely; that the vein
or segment thereof, having its apex
within the surface boundaries of the
Bunker Hill claim on it's downward
course between the extended end line
planes thereof, extended in their own
direction, passes underneath respective
portions of the surface of the following
lode claims owned by the Empire State
Idaho Mining and Developing company,
namely: The Lily May, Butte, Good
Luck and Number 4; all of which are
junior in point of time to the location of
the Bunker Hill claim.
And as conclusions of law the master
found:
81. That the surface lines of the
Bunker Hill claim, originally located as
side lines, are in law the end lines of the
claim, and its extralateral right is de-
fined by vertical planes drawn down.
ward through those lines extended in
their own direction westerly indef-
natelely.
so. That the complainant is the
owner and entitled to the possession of
the segment of said Bunker Hill lode !
and the ore bodies thereof in controversy
herein, as against the respondents, Last
Chance Mining company, the Shoshone
Mining company, the Empire State
Idaho Mining and Developing company;
and that complainant is entitled to a
decree against said respondents, and
each of them, in accordance with these
findings and conclusions, and agreeable
to the practice of this court
Certain exceptions were filed by the |
defendants to the masters report. but
none calling in question any ruling Of
his in admitting or rejecting evidence.
Findings of fact made without any ev-
idence to support them may, and should,
as a matter of course and of law. he
but findings made by a
master in pursuance of an order to take
the proofs and report the facts and con-
illusions of law to the court, that de-
pend upon conflicting testimony, or upon
the credib;lity of witnesses, especially
where, as in the present case, they are
by the trial court, will not be
disturbed. Davis V. Schwartz, 155 u.
5. 63i; Warren v. Keep, id. 265; Craw
ford v. Neal, IA U. S. 585; The Iroquis,