The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-08-28
GREEN H|LL.CLEVELAND MINING COMPANY
AGAINST HEADLIGHT MINING COMPANY

deaullgnt tunnel, ana the vein there
in reached a point within few fee
of the slopes OF said Mammoth mine
from which large quantities Of ore hat
been extracted by the Federal Mining
& Smelling company and Its predeces-
sors In interest, and affiant believes
that further development work will es-
tablish the fact that the said weir
within said easterly extension Of said
Headlight tunnel and the said Nam
moth vein, are one and the same vein
land that said vein, In its westerly
course, has It's apex within the lines
of the said claims Of said defendant.
That the physical conditions of the
mountains on which said claims Of
the defendant and the said Mammoth
mining claim of the said Federal Min
ing g. Smelling company are situated,
and the physical facts ascertained In
the development and operation Of the
said Mammoth mine, are such as TO
induce conviction In a miner of or
binary experience and understanding:
that the apex Of said Mammoth vein
continues to and within the lines Of
the said claims Of the defendant That
the said development work performed
| by the defendant as before described
and other development work else
where within its own lines, has been
performed by the defendant with
view of establishing and proving the
continuity Of the apex of said Nam
moth vein across the said Mammoth
westerly end line and into the said
claims Of the defendant.
That said Headlight tunnel Is ne
cessary for the better working and
development Of the said Headlight,
Maggie, Ophlr Fraction, Alexander
Fraction, Grey Eagle and Roosevelt
Fraction claims belonging to the de-
PENDANT; that said defendant desires
ITO work and develop said claims, and
Ito enable It to do so successfully and
It Is necessary and was
necessary at the time said Headlight
tunnel was run. to have right Of way
Through and under said Cleveland lode
mining claim and said Cleveland Frac-
|tion lode mining claim, the property IT
the plaintiff That the mouth Of said
Headlight tunnel or crosscut Is upon
and within the lines of the said Head
light claim. the property Of the de-
PENDANT That In driving and, contin
uation of said Headlight tunnel with
In the lines of the said Cleveland and
Cleveland Fraction claims the defend
ant has not driven upon any vein or
veins belonging to the plaintiff or its
predecessors in interest That the
said defendant has never by bulkhead
ing, damming back, or In any manner
prevented the inspection or survey Of
said Headlight tunnel or any portion
thereof, and does not now prevent,
does not intend to prevent and will not
prevent the owners of the said Cleve-
land and Cleveland Fraction lode min
ing claims from entering into the said
tunnel at any and all proper times
for the purpose Of making a survey or
inspecting any vein or veins that have
been crossed or may be crossed with
in the boundary lines Of the said
Cleveland and Cleveland Fraction lode
mining claims: that in driving said
tunnel within the said Cleveland and
Cleveland Fraction lode mining claims,
no ore Of commercial value was found,
but that II in the driving of said tun-
mel any ore is found which is the
property Of the owner Of said Cleve-
land and Cleveland Fraction lode min
ing claims, this defendant will recog
nize It to be the property of the own
err of the vein from which it may be
taken. whoever such owner may be,
and in case as to doubt as to the own
ership of any such ore, this defendant
is willing to submit such matter, and
the determination of such ownership
to this court and to abide its decision
therein.
Affiant alleges that no damages
whatever have been sustained by the |
plaintiff in the driving Of said Head
light tunnel. or by the use and occu-
patton thereof by the defendant, but |
that II 1t should be established or |
found that the plaintiff has suffered /,
any damage whatever by reason of the |
80 A,,.,, 81 ,,,ttI
Cleveland and Cleveland Fraction lode |
mining claims, defendant stands ready
and willing to pay and is able to pay |
The full amount of such damages. And |
II In the future the owners of said |
Cleveland and Cleveland Fraction |
claims should sustain any damages Or
injury whatever, by reason of any fur
her driving Of said tunnel, or the u.s.
ng, or occupation of said tunnel here
'ofore driven or hereafter to be driven
,r any raise or shaft extending there
rom, defendant is and will be ready.
lble and willing to pay the full amount
i such damages
Aff1ant further states that II is me-
essary, In order for defendant to es-
ablish its rights. that 1t be permitted
o use and occupy the said Headlight
unnel within the lines of the said {
sie.eioHu anu S'eNeidnu ridctioH l'ut
mining claims. to use the same In es-
abishing the truth as to the exist
nee continuity and ownership of the
Elm or veins encountered in said tun-
ell and this affiant says that there Is
o other reasonable or convenient {
node for the production of the evil t
ence necessary to settle the rights of {
he parties to this action. Afiiant fur G
her states that the said defendant now l
lands ready and willing to give good !