The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-12-18
HEADLIGHT COMPANY
ANSWERS GREEN HILL
SECRETARY FILES AFFIDAVIT
WHICH DEFINES POSITION
OF HIS COMPANY.

~. IL. PatllSon OF SPOKANE, secretary
of the Headlight Mining company.
filed an affidavit. through the attor
neys for the company, ]. e. Clyde and
Franklin Pfrman, in the district court
last Saturday in answer to the COM
plant made by the Green Hill-Cleve-
land Mining company as a basis for
the injunction asked against the
Headlight company. Mr. Pattison's
affidavit covers practically the same
ground as that filed some time ago by
Alexander Murphy. vice president of
the company. 1t makes specific de-
Mai Of most Of the contentious made
In the complaint, and for the reasons
embodied in the following paragraphs
asks that the injunction be dissolved
and for other relief
"That the development work by de-
PENDANT in the said Headlight tunnel
and its other development work with
in the lines Of its said claims is not
sufficient in amount or character to
establish the facts as to the owner
ship, continuity and existence OF the
vein or veins believed to belong to the
defendant, and that defendant can not
safely assert the existence of any
particular vein, or its extent or con
tinuity, or safely assert any rights de-
PENDANT may have without reason
able opportunity to ascertain the facts
by actual development work within
tbn 1afa al,
predicate a defense herein upon what
II believes to be the facts, without
having sufficient development work to
establish the facts; that while the de-
PENDANT and its officers believe that
the vein or veins found within the
said Headlight tunnel within the lines
of the said Cleveland and Cleveland
Fraction lode mining claims, has or
have their apex within the surface
lines of the said mining claims be-
longing to the defendant and that
therefore. by reason of the extra lat
eral rights of the defendants claims
the said vein or veins are the prop
erty Of the defendant, yet, such be-
without further necessary develop
ment work upon such vein or veins
both within and without the surface
lines Of the said Cleveland and Cleve-
land Fraction lode mining claims:
that the. dip or inclination of the vein
or veins found within the lines of said
Cleveland and Cleveland Fraction lode
mining claims, in the driving of said
Headlight tunnel, have such an in
clination from the vertical as would
bring such vein or veins on their up
ward course within the ground with
in the surface lines of the said lode
mining claims Of the Defend
ants
THAT by reason of the facilities af-
forded by the said works and plant of
the said Mammoth mine (known as
the Mace. mine Of the Federal Mining
d Smelling company plaintiff Is en-
abled to extract ores from said vein In
very large quantities so that in
short period it will be enabled to take
out all the ore within the said vein
which defendant believes belongs to II
by reason Of Its ownership of the said
mining claims here1nhefore described:
that II plaintiff should succeed in talk
ing out all If such ore prior to the
time defendant Is enabled to prove its
ownership Of the same, defendant will
be unable to recover the value there
Of from the plaintiff for the reason
that the plaintiff will have been en-
abled to market said ore and distrib-
ute the proceeds thereof among its
stockholders; that it Is imperative, for
the protection Of the rights of the de-
PENDANT that 1t be enabled to perform
the necessary development work to
prove its rights in the shortest posi-
Bile time; that the defendant has not
desired and does not now desire to
extract any ore from the ground I'M !
derneath the surface Of the plaintiffs |
claims until defendant has fully es
tabllshed its rights in and to such
ores, but defendant does desire, in !
good faith, to establish the truth in
respect to the ownership of ores with
In the extra lateral right planes Of It's
said mining claims, and now offers to
carry out any reasonable direction of
the court in respect to the develop 1
ment of its property to the end that
the truth may be made known and es-
tablished by competent proof.
Wherefore defendant prays that
the restraining order heretofore issued
herein may be dissolved that the de-
PENDANT have and recover its costs
herein and that defendant have such
other and further relief as to the court /,
may seem just and equitable in the
premises"
The Injunction proceedings brought :
by the Green Hill-Cleveland company
against the Headlight is probably the :
beginning Of what promises to be lit :
cation involving millions Of dollars !.
ind In which the issue will turn upon :.
he determination Of the apex Of the :.
'cin in disputed ownership.