Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-12
THE BECK HIT HARD.
The Decision Of Referee Williams Game
~ u stunning blow.

| The Decision OF Referee W 'llluWe 'hWN
A. u stunning blow.
The findings OF Referee Farley L.
| Williams. In the damage suit
Instituted BY the Eureka Hin Mining
company against he Bullion-Beck and
| champion Mining company have been
| released.
The referee. IN his decision, has taxed
| the Bullion. Beck and Champion TO the
| amount Of $50, 9il,62 which must be
paid TO the plaintiff for what has been
| declared the unlawful extraction of lbS
tons of ore from territory belonging 20
the Eureka-Hill company.
IN rendering his decision Referee
Williams said
The preponderlncc Of cNidchce
shows that the defendants employees
cycavated the trespass stope either In
1885, or IN 1896. The testimony " Nell
son as well as the circumstances OF
taking out the bulk iustitcs the con-
cluson that the extraction of ore was
done knowingly and wulfilly by the de-
fendant Opposed to the evidence Of
witnesses for the plaintiff are the state
ments OF Kirby and ROundy, that no
work was done IN that part of the mine.
the latter contradicting the statement
of Nelson that the work there was done
under his direction. There Is direct
conflict on that point between his tes-
timony and Nelson's. ! think Kirby had
no knowledge that the work was done,
or Of he did, has forgotten &C. The cir
cumstances that the bulkheud was taxi
Ell out 10 enable the miners TO proceed
with the work, In view of ,he previous
establishment Of the compromise line
which was generally well known, would
seem to Justify the conclusion that the
work was done with the knowledge OF
those IN charge OF the operations Of the
mining for the defendant company and
n they did not actually know II, IL was
their duty to know 1t, and the omission
to discover what II was their duty to
ascertain does not relieve them from
the charge that the work was done
with knowledge and Intentionally.
THE evidence does not Justify the
conclusion that the portion of the stOpe
between the blue line and the bulk
heads was done at Il time subsequent
to the compromise agreement, and
therefore no allowance is made for the
ore west Of the bulkheads,
THE engineers agree that the con-
tents excayated in the stope east OF the
bulkheads Is 1892 cubic feet. The min
ers state that they took out no waste
that the ore body extended from wall
to wall Of the stope as IL now exis.s;
that il was generally OF uniform quail
ity and was a good quality of ore They
denominate II shipping ore. Other
evidence shows that at the time the
stope was discovered by the plaintiff
company, there was some waste upon
the bottom, The testimony IL not very
definite as TO the amount OF the waste,
The testimony Of Dessert, Wilson and
Brooks makes II quite clear that there
was some excavation In excess Of the
ore This appears to have been the
case by the testimony of all these Wit
nesses, along the bottom Of the Slope
at the time they took observations and
samples. This testimony then, i'm con-
nection with the testimony that there
was some waste on the bottom of the
Slope justifles the conclusion that the
whole space cXCavated was not ore
The estimates, however, OF Wilson and
Brooks az 10 cubic contents are arbi-
trary and In conflict with the testimony
Oh the part of the plaintiff | con-
clude therefore that the waste I'm the
stope was relatively small. compared
with the ore, and while the evidence
seems to make II clear that some de-
ductlon should be made on account Of
waste, IL is not at all clear or definite
as to the amount and | conclude from
all the testimony that IL did not exceed
10 per cent of the cubic contents Of the
stopc east OF the bulkhead. [ have
therefore deducted 1893 feet, or 10 per
cent, leaving the cubic contents ex-
tracted, l,73s feet. and allowing If cubic
feet to the ton, would make 1853 tons OF
ore.
The samples taken from the stope
by Wilson and Bossert differ widely I'm
value. The total values per ton, less
cost of mining at 81 and the freight and
treatment charges OF 1915, as figured
by Mr. Dickson on Wilson's samples,
leaves net value of 1887 per ton, while
The average value resulting from the
samples taken and figuring done by Mr..
tossert gives net value OF sl70.s2 per
ton, allowing, however, only $3.50 for
mining. The values based upon II gem
eral car samples representing 70 mine
cars Of ore taken from what the tes-
tmony shows 10 be on the same vein
ana just beneath the trespass stope,
gives a net value allowing "a per ton
FOR mining, OF Si20l3, and the referee
kes that as basis OF value. This
would give n total value OF 1853 tons.
NA,9S05i, which being multiplied by
three gives the amount OF the Judgment
for treble damages OF s569il.62. While
the evidence was that the average cost
vi llllllllk curing tn0t year on the ores
in the Bullion Beck aud Champion
ccmponyfs ground was ST. So, | think the
evidence Of the number of miners at
work and the time they We're engaged
IN removing this ore, makes 81 per Ton
a reasonable allowance for the mining
OF this particular ore, and that sum Is
allowed by the referee
" conclude from the testimony of the
witnesses as well as the circumstances
ana surroundings, that the palntiff did
not know OF this excavation until it's
Workmen broken into II at the east end.
which time was within the statute of
limitations. ] further conclude that the
plaintiff IL not chargeable with ne,li-
gcnce or wilful Ignorance Of the fact
or this excavation, and that Il is eX-
ctsed under the law for not having dis
covered this trcspass earlier than IL
dld, and that therefore the plea of the
cd"
Manager p, r. Farnsworth Of the
Bullion Beck and Champion Mining
company said today that although the
case had been decided against His cor
poratlon, the latter is not ready TO pay
II. The case win be fought fnr-
Their I'm the courts,
JU MPED COAL CLAIMS