Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-03-10
ALL|NG CONCLUDES
ARGUMENT FOR
THE WEST END
Continued from Page u


bility of witnesses, found to be in ir-
reconcilable conflict, Mr. Alling dwelt
at some length upon the testimony OF
Mr.. Chandler, who in former litiga-
ton between the West End and the
Mcnamara was of the opinion that
there was but one vein, but now was
Of the opinion that there were two
veins, his change in opinion being
brought about by the new work done !
since the institution of this suit He /
further reverted to the fact that Mr.. |
Chambers long connection with the |
Mcnamara and the West End mines |
and his admitted familiarity with the
peculiar faulting systems of the dis
trict. gave his testimony greater
weight than that of any other witness
the case.
/ Mr.. Alling closed with a general ex-
animation of the multiplied and mani
/ fest evidences of bias and overstate-
ment disclosed by the testimony of
some of the principal witnesses for
the plaintiff who, he said, we're will
ing to go to any length to support
the strained and subvious theories
elaborated in the hope of delivering
plaintiff out of the desperate predica-
ment which the disclosures in the
litigation raises had created.
Judge Lindley Begins Argument
Judge Curtis H. Lindley, the dean
of the bar OF the United States in
matters pertaining to mining law, be-
gan his argument for the Jim Butler
Mining company at O'Clock yester-
day afternoon After predatory
statenent of the problems that the
court viii be called upon to deter
mine, he took up the issues raised
by the pieadings. He stated that the
, Jim Butler company relies upon its
surface ownership The Wtst End
must Justify its presence under the
surface of the Jim Butler claims, and
that the problems discussed resolved
themselves into groups, "a the treat
ment of the physical conditions and
T (2) of the legal problems. Under the
head of physical facts which the de
!, PENDANT must establish is the exist
: ence of a vein in the West Enc
claim which must possess an ape
with such reference to the bound
aries that the plaintiff is justified il
, following it below the Jim Butte
surface. Since 1t is admitted tina
!. the ore bodies in dispute were mine,
!. from a south dipping vein, while tn
:. discovery was on north dippinl
vein and this vein, which embrace
the ore bodies, must be secondar
vein. as admitted by the defendant
own contentious. The identity an
continuity of this vein from the Yves
> End into the Jim Butler ground /
admitted
But the plaintiff contends that thi
Z vein has no apex in the West En-
= ground, but extends over an ant
clinal roll and dips over to the mort
into the MacNamara ground. Takin
= up the legal factors, assuming tina
the Jim Butler theory is correct a
to the existence of a roll, the Yves
End must establish a double barrele
extra-lateral right If their theory
correct that the crest of such 70
is a legal apex. They must estabis
! the same contention of bifurcate
extralateral right in two opposite d
rections, even If their theory is tru
that there are two veins. One of tn
endlines of the West End claim is
broken line, which, in view Of tn
!. federal requirements of parallel en-,
lines. is claimed by the Jim Butler I
prevent exercising claim to extri
lateral rights whatever
The burden of proof is admitted {
% be upon the defendant This n
i. verses the ordinary relative postio
v of plaintiff and defendant, because tn
\. West End is affirmatively assertin
h. an extralateral right and the Yves
. End must establish it's case so far a
physical facts are concerned, by
d preponderance of evidence.
Judge Lindley continued mis- argt
ment this morning