The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-07-17
GREEN.H|Ll CLEVELAND
VS.. HEADLIGHT COMPANY
A MINING CASE PROBABLY IN
vOlvlNG LONG LITIGATION
APEX FEATURE.

A case of great interest, promising
much litigation, involving ultimately
hundreds of thousands of dollars of ex-
tracted ore and some of the most valu-
able mining ground in the Occur
d'Alenes is now in its beginning in
the district court in this county.
Seemingly, so far as information is
obtainable at this stage of proceed
ings. the apex question is involved.
In fact. the hinging point is apparent
ly on the apex question, mainly or
alone. SO far as the contention Of the
defendant is concerned. 1t has been
question Of much mining litigation,
here and elsewhere ever since the ex-
istence Of the law.
Damages MISUNDERSTANDING Order.
The case is brought against the
Headlight Mining company by the
Green Hill-Cleveland Mining COM
pany, Harry l.. Day. manager. Twen-
ty-five thousand dollars damages is
asked and temporary restraining
order has been granted by the court
against further work by the defend
ant company on Green Hill Cleveland
ground. The writ is returnable on
July a.
Complaint OF Plaintiff.
The complaint and accompanying
documents are all that so far appear
of record, the answer of defendant not
having yet been filed Following are
the main allegations of the complaint:
THAT the defendant by means Of
tunnel. the portal Of which is on
the said Headlight lode mining claim
and passing thence in a general nor
therly direction through. under and
across the said Gray Eagle, Maggie
and Ophir Fraction lode mining claims
claimed by the defendant and in the
possession Of the defendant, has
wrongfully entered into the Cleveland
lode mining claim, the property of the
plaintiff herein, and as plaintiff is in
formed and believes and therefore al
leges the fact to be. also into the
Cleveland Fraction lode mining claim
also the property of the plaintiff.
"That the said defendant is oper-
ating and working by means Of the
said underground workings in the
said Cleveland and Cleveland Fraction
lode mining claims, the property Of
the plaintiff herein, and is extracting
earth, rock. mineral and ore there
from That the said defendant is not
working within the walls Of any Ledge
or lodges, the apeces of which arc
within any ground owned or claimed
or in the possession of the said de-
fendant.
THAT the defendant corporation is
limited liability corporation. and the
plaintiff is informed and believes ant
therefore alleges the fact TO be, tha'
the defendant has no other propert,
than the claims hereinbefore describ-
ed and that the said claims are worth
less and of no value, That the saIf
defendant corporation IS insolvent ant
is not able to respond in money dam
ages to the plaintiff herein, and tina
by the wrongful acts the defendan
herein, the plaintiff Is damaged and j
being damaged In the sum of s25, oo'
and that such damage is constantly
being increased by the wrongful oper
ations Of said defendant.
THAT the plaintiff herein has n
plain, speedy or adequate remedy z
law. and that unless the defendant b
restrained from unlawfully working "
under and through the Cleveland an
Cleveland Fraction lode mining claims
the property Of the plaintiff herei'
and from extracting earth. rock, or
and minerals therefrom. the plaint.'
will sustain great and irreparable in
Jury.
Wherefore plaintiff prays for tudg
ment against the defendant in the sur
Of $25,0OO, together with costs an
disbursements of this action"
How Plaintiff. Claims lie.
The Green Hill and Cleveland min
luS CldlIIlS duJCiu tlc Nin'.iiioNi' NAt''4'
as indicated on the map, on the Yves
and northwest. They are recent &C
qurements of the Federal Minin
company, which owns the Mammot
and standard They are worse
through the Standard Mammoth dee
workings and since their purchaf
have been heavy producers. The OF
is milled at the Standard concentra
tor at Wallace.
Location Of Defendants Ground
Included in the Headlight group az
the Gray Eagle. Maggie, Ophtr an
Headlight claims. This group lies
the west and southwest and adjoinln
the Mammoth The northeast surfai
boundary of the Headlight group
the southwest sideline of the CleFf
land claim. The Standard -Mammot
ore body. worked at q depth of sever
thousand feet, has been followed I'M
the ground acquired by the purcha'
Of the Green Hill Cleveland 1t
easy to see how the apex question ma