The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-08-28


and sufficient security for the paymen
OF all damages the defendant may d.
by reason of such work, and asks thi
court or the Judge thereof. at ever
stage OF the proceedings. to make sucl
orders az he may deem advisable
having due regard for the rights Of tn
parties to this action, only to the en-
that justice may be done and the trutl
Established.
Affiant further says that the devel
opment work done by defendant In tn
said Headlight tunnel, and its othe
development work within the lines o
its said claims, is not sufficient Ii
amount or character to establish tn,
facts as to the ownership, continuit,
land existence of the vein or veins be
Ilieved to belong to the defendant, am
that defendant can not safely asser
the existence Of any particular vein, Of
Its extent or continuity, or to safel,
assert any rights defendant may have
without reasonable opportunity tt
ascertain the facts, by actual develop.
Iment work within the ground. nor car
defendant safely predicate a defense
herein upon what 1t believes to be the
facts. without having sufficient devel-
opment work to establish the facts
believe that the vein or veins found
within the said Headlight tunnel with
! In the lines of the said Cleveland and
Cleveland Fraction lode mining claims,
has or have their apex within the sur
lface lines Of the said mining claims
belonging to the defendant, and that
therefore, by reason of the extra-lat-
eral rights Of said defendants claims
1.-THE said vein or veins are the property
OF the defendant, yet such belief can
not be established as fact without
further necessary development work
upon such vein or veins, both within
and without the surface lines Of the
said Cleveland and Cleveland Fraction
lode mining claims; that the dip or in
clination Of the vein or veins found
within the lines of said Cleveland and
Cleveland Fraction lode mining claims,
in the driving of said Headlight tun =
mel. have such en- inclination from the
vertical as would bring such vein or
veins on their upward course within
the ground within the surface lines of
the said lode mining claims Of the de-
PENDANT.
That raise from the said Headlight.
tunnel within the lines Of said Cleve-
land claim from point near the east
erly end line of said Cleveland claim
to the surface within the lines of the
defendants claims, and on the inclin-
alton Of the said vein or veins in said
Headlight tunnel, would require APP
proximately 900 feet of work. A raise
from the said Headlight tunnel level
on the westerly end of said tunnel,
within or near the lines of the Ophir
Fraction claim of the defendant, with
the necessary crosscut to reach the
vein at that point, would require at
least 500 or 600 feet of work. To con-
meet the vein on the easterly extension
of said tunnel, where said tunnel de-
parts from said vein, would require
approximately 225 feet of work. De-
PENDANT is now working on certain de-
yelopment work at and near the sur
face, which work as planned contem-
plates between 900 and 500 feet of tun-
mel and raises. That said work or sim
liar work, Is necessary to establish the
continuity Of the vein or veins from
the tunnel level to the surface.
That plaintiff Is corporation or
ganized under the laws Of the state of
Nevada, but affiant Is informed and
believes, and upon such information
and belief alleges the fact to be: That
no citizen of the said state Of Nevada
has any real interest in said corpora
tion. and that said plaintiff does not
do any business or conduct any min
ing operations whatever in said state
of Nevada that plaintiff Is informed
and believes, and upon such informa-
ton and belief alleges the fact to be.
That the only property owned by said
plaintiff corporation is the said claims
mentioned in the complaint herein,
and certain other claims in that vicin-
ity of no known value: that affiant is
s.-e ~. ~
information and belief alleges the fact
to be: That said Federal Mining &
company. heretofore men
toned herein, is the owner of more
than one-half of the capital stock of
the said plaintiff That said Federal
Mining and Smelling company Is or
ganized under the laws of the state Of
Delaware. That prior to the organiza-
ton of PLAINTIFF company the said Fed
eral Mining & Smelling company had
the said Cleveland. Cleveland Fraction
and Green Hill lode mining claims un
der optional contracts of purchase for |
a number of years. but never exercised |
its rights of purchase under said OPP |
tons.
That during the time said company |
was in possession of said claims under |
said optional contracts the defendant |
Sdiu CoIipHiS, uuu utco thS
then owners of said claims, that de-
fendant claimed the ores underneath
said Cleveland, Cleveland Fraction and
Green Hill claims by virtue Of extra
ateral rights of the claims belonging |
20 the defendant That plaintiff COM
oany as affiant is Informed and be-
ieves and upon such information and
belief alleges the fact to be. was or
yanized by direction Of the said Fed
,ral Mining g. Smelling company, and
s under the control of said company
That Immediately upon the organiza-
ion of the plaintiff company, said
Federal Mining & Smelling company
eased to the plaintiff its said
Mammoth mine and the works. ma
hinery and plant used in connection L
herewith, and plaintiff Immediately
commenced the extraction of large
Quantities Of ore from the said Nam
moth vein westerly Of the west end
inc Of said Mammoth lode. and as the It
efendant believes. within the extra
, teral right planee Of the said ella inns II