Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-04-30

the nOn-eXlStence OF an apex in the
same vicinity, but instead thereof the
crest of roll? In other words, why
go out Of the issues as made during
the progress of the case? The an
swer is composed of several reasons:
|. The discussion is within the is
sues as made by the pleadings; 2.
Because the condition Is an obvious
one; 3. Because the evidence in
troduced by both sides shows the
condition described: 4. Because the
condition described might have been
the basis OF a compromise; S. Be
cause the condition described tends
to strengthen the position hereafter
to be taken; 6. Because it CORE
lates so well with one of the argu-
ments in the case (Dickson's ar
gument, 30 ct seq) Z. Because il
has an important bearing on the
block model g. Because it gives
this case a peculiar status of its
own, bringing It somewhat into the
ordinary apex class; g. Because ii
casts upon the anticlinal axis the
conception OF a common apex, rather
than merely the crest line of a roll.
The Butler company offered
model in evidence generally referred
to as the block model, which as
noted above. has been said to repre-
sent its contention. AS an exhibit
this model is open to objection. 1t
shows the present surface, consist
ing of Fraction Dacite Breccia to the
west and south and Midway Andesite
to the northeast. BY removing the
block representing the Breccia the
Trachyte Surface is uncovered in the
western part of the claim and the
Midway Andesite surface in the
northeastern corner. By removing
two more blocks representing the
Midway Andesite above and the
Mizpah Trachyte below, the vein it.
self is uncovered All this is ingenu-
Gus as well as artistic and of value
as hereafter noted, but the vein is
represented as continuous sheet
from north-and-south vertical plane
east of the West End Claim to a
similar parallel plane west of it.
(Lindley's argument, 134.) Mr.. Lind
ley states in several places in his
argument that the defendant COM
pany admits the continuity of the
vein from the alleged apex to the
ore bodies in dispute Nindley's ar
gument, 81 An admission of this
kind was made. but it meant that
one could start in the western ore
body in dispute and go up in the vein
to the crest, and likewise from the
eastern ore-body in dispute. 1t can
mean no more, because the evidence
Will not permit broader interpreta-
tion. (Finch, 671.) The vein docs
not exist in one unbroken sheet as
depicted on the model, not, at any
rate, as shown by present develop
ment If, therefore, the Butler con-
tention rests upon this model, il
rests upon a foundation consisting
largely OF assumption, which. how
ever, might have been turned into
fact in part by proper development OF
the Terra incognita." But as repre-
senting the Trachyte Surface tine
model has some value, especially in
the western area Such a surface
must have existed; and in all likeli
hood the vein was exposed on this
surface. using here the word vein
in its broadcast sense
The evidence will show. especially
, that of the plaintiff, that its wit
: nesses and attorneys used two con
ceptions of what the vein is Wher
the miners engaged in development
/, work were told to follow the vein
) and did so, II meant the solid quartz
with perhaps showing of ore; bu
the witnesses, some of them, wer,
T quite positive that the vein include
much more than this. (Finch. $50
4 Searls, 981; Section Map G, Searls
$ A.. The witnesses Finch and Scarf
e and some others include within thei
3 conception of the vein the halo" o
"stringer zone" or "streamer zone,
= which is no doubt geologically col
| rect.
: The defendant company claims tw
!, apices along the anticlinal axis, on
4 for the north-dipping vein and on
= for the south-dipping vein. The la
n ter vein, according to this theor
h apexes along the line where It abut
u against the north-dipping vein. Will
II the latter apexes along an irregula
!. line above the other vein as indicate
n by the quartz exposures in the :"
q, Raises" The finding has alread
n been made that there is but one vel
le which, having disposed Of the tw
S. vein theory, now requires consi
II Grafton of what the "A Raises
y show. The plaintiffs witnesses adm
b. these raises, some of the bodies
G. good size and considerable lengtl
5h but they include them in the "strin
u er zone" of the vein, or its halo
ell Some of these are large, from thr
is to Ave feet in thickness, which, we
lr- 1t not for inescable comparison WI
ed the immense quartz bodies in q
of MacNamara.Wes End Vein itse
sr. would never be termed "stringeri
ay The larger ones are probably n
OF stringers. geologically or otherwis
n, they are not part of the "Strine
'ts Zone" but are part of the HAL
ar the distinction being readily graspe
itol that is to say, they constitute an
on ward extension OF the main vein
'ry ward the surface.
lal They follow TO some extent. thou
OF not very closely, gouge hang
by wall, which the West End people
to sert is the hanging wall OF the nor
he dipping vein. but which the But
OF people ascribe to the Siehert Fa