The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-01-22
END OF SUIT AIDS
TONOPAH DISTRICT
MacNamara's and Extensions
Long Litigation Is Salts
factorily Terminated
Thousands of Tons of High
Milling Ore Expected to Be
Added to Output

Thousands of tons of high grade mill
ing ore have been added to the pos
sible production of the Tonopah dis
trict, so says the Tonopah Miner, as a
result of the settlement of four years
of litigation between the TonOpah Elk
tension and MacNamara mining COM
panies. Also it will bring about the
cooperation of the two companies in
the development of their adjacent
properties. The suit grew out Of an
attempt Of the MacNamara to pursue
its vein into the ground Of the Tono-
pah Extension. The Tonopah Miner
SAYS.
At the time Of the institution of the suit
little was known concerning the vein. During
the four years pending legislation, however the
MaeNamara mining company has mined and ex
plored the vein in its own ground to consider
able extent, and has extracted thousands of tons
OF rich ore therefronl and is now shipping from
this vein 90 tons a day. During such period the
West End mining company was following an
almost fat vein with drifts Ia a westerly dIrec
ton toward the west end line of its West
End claim, and at the same time drifting
north on such vein toward the workings OF the
MacNamara mining company. Eventually the
drift from the West End mining company broke
into the drifts of the MacNamara mining com.
pany and it then developed that both of these
companies were mining on the same vein. The
West End mining company then instituted an
action against the MacNamara mining company
on the ground that it had the apex OF the vein
ing. and enjoined the MacNamara from further
work on such vein.
In the month of August 1905. the West End
dismissed it's action against the MacNamars
and entered into contract with the MacNamara
agreeing vertical boundary lines between the
properties of such companies. This action on
the part of the West End mining company was
caused by the decision of the West Ends experts
to the effect that while such vein was continuous
from the West End property into the MacNa-
mara, it probably also continuous through
the property of the West End mining company
and that it was a hat vein, and that no apex
existed. AS the continuity of the vein was
proven from the Extension ground through the
through the West End property, 1t was self-evi-
dent that the MacNamara mining company
could not have apex on the vein against
the Tonopah Extension mining company, and
therefore, the MacNamara mining company. with
the desire not to further hamper the Tonopah
Extension mining company IN the mining OF
such vein in its ground. executed the deed re-
ferred TO
While this settlement confirms the ownership
of another vein ON the Tonopab Extension mining
company it does not depreciate the value of
the property of the MacNamara mining company,
as the ore in the vein on the Extension ground
mining company in arriving at the value of its
property. and has never been seriously considered
as owned by it. The Extension mining company.
while not enjoined from working such vein In its
own ground. has desisted. pending such lawsuit
from working the same. for the reason that II
was only fair to the MacNamara mining com
pany TO allow such vein TO remain unworked
considering that the MacNamara mining com.
pany was enjoined from working II.