Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-07-21

long the said raise and Wine into
md under the surface Of the said /
Egyptian lode mining claim 10 the bot
ON OF said Wine. and said plaintiff
company. and its agents and officers
xere fully informed. advised. and cog
infant OF said mining operations and
thereto until the 18th day
II July. 1915. at which time defendant
company suspended operations in the
sinking Of said Wine al the request 4
Oh plaintiff company. in order that
plaintiff might have an opportunity
Of Thoroughly examining said work
ings. and at the request OF plaintiff
company the defendant furnished the
plaintiff with a copy Of its said maps
showing the position of the said de-
ysl0pment work on said vein from its
said top or apex down TO the bottom OF
said winns W. 344. That this aniant.
acting for and on behalf OF the defen-
liant company. az the same time re-
euested the said plaintiff company
likewise TO furnish to the defendant
company a copy Of its maps showing
the position OF It's workings in this
vicinity. and particularly a map show
ing the said stope near the bottom Of
said xinze VIZ 344. but which request
was then and ever since has been re-
fused by said plaintiff
Affiant alleges that ii was the inten
ton and purpose Of the defendant com
pany. had il not been restrained by
The order OF the said court, as herein
above set forth. TO prosecute the sink
ing OF said Wine VIZ. 344 in and upon
the said vein to greater depth in order
G ascertain and determine If the said
lein or lode did or did not continue
downward on its dip into and through
the said Egyptian lode mining claim.
Affiant AYERS that the said vein or
lode, from its said top or apex down
to the lowest point Of the said winze,
Eas continuous, and that, in the opin-
on OF this affiant, the said vein would
continue on its downward course to
greater and unknown depth within
said Egyptian lode mining claim
This affiant denies that the said
plaintiff company is now or ever wal
the owner of any part OF said vein o.
lode. but alleges that the same il
owned by and belongs to the said de
PENDANT company. and that plaintiff
has not and never had any right TO th'
possession OF the same or any par
Thereof.
Affiant denies that the said defen
dant company has ever. by means 0
said mine workings so made and *
tended by 1t within or underneath tn
surface Of the said Egyptian lode mir
ing claim, or within the surface line
thereof. or by any means whatsoever
willfuIly, wrongfully. unlawfully, 81
cretly, or without the license
knowledge, or consent OF tn
Ipaintiff, entered upon or broke
into the said Egyptian lode mimi
claim or worked OF mined therein, {
is now working or mining therein; Blu
on the contrary. this affiant allege
] that at all Zines the said defendaI
4 company. in so performing the sal
\ work OF operating in and deyelopin
2 the said vein or lode, has done $
a rightfully and as the owner OF sal
[ lode or vein, and the sole owner OF tn
right to mine and develop the same
( its fullest extent
This affiant denies that the said d
fendant company has ever, in any ma
D ner at all. trespassed upon or is no
d trespassing in or upon the said Egg
5 tian lode mining claim or any pa
q thereof, but alleges that all Of the sa
, work of mining, operating and deYe
bpAh6 ~ anu upOu llit hdiu VEN
e lode has been by reason Of the owne
7 ship thereof by the said defendal
n company.
$ Affiant alleges that, in the prosec
II tion OF the said work of developer
n the said vein or lode within the bou
g diaries of the said Egyptian lode mi
d ing claim, he. as superintendent, hi
n carried on and conducted the same
II careful and minerlike manner. al
n in the same manner as such mini
a operations are usually conducted; tn
n the said character OF work of makil
Is connections between different parts
e underground workings In mines is
e ordinary and common occurrence. a
q always carefully made, and witho
n causing injury or damage to any pa
2 OF the works so connected. In tn
s connection this affiant further alleg
y that, in the event any damage shou
e be done to any part of the works
:, to be connected, IT would be of sllgl
$ character and readily and cheaply T
p paired. In this connection, affiant, r
0 terring to paragraph VII Of plaintiff
i complaint, denies that the, or an
2, blasting or shooting or work carrie