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

only to statements that are conspieu-
ously in point, Many more could
have been given, running into the
hundreds, but their worth would be
only by way OF cumulation.
A pronounced contention of the
plaintiff is that the Trachyte Sur
face formed hill one of whose
slopes faced the west; and that, as
result of erosion, the vein QUO
cropped on that hillside along a
northerly and southerly line; and
that, assuming the Traehyte Surface
TO be that surface TO which the api-
cal facts should be referred and upon
which the lines OF the West End
Claim should be considered to be i'm
posed, rather than upon the present
surface, the apex OF the vein crosses
the side-lines of the claim; and that.
II the West End Claim possesses any
extralateral rights, they are defined
by the vertical planes OF the side
lines projected easterly. This cor
tenti0n is without merit. The evil
dence easily preponderates that there
never existed any such hill slope
thar the vein had no such outcrop on
the Trachyte Surface, but that its ter
mination, as that now exists in the
westerly portion of the West End
Claim. Is the result OF eruption of
the volcanic neck known as Mt.
Brougher, during which the vein was
blown out of existence beyond the
line westerly and southerly of where
4 IL is now found in the western work
ings (Winchell, ll13, ll14. lllS,
llll9) Before that outburst the vein
extended onward under the Trachyte
Surface, outcropping only as herein
after described. tThis opinion, l6.)
All the testimony upon which this
contention of an ancient hillside with
an outcrop upon It rested was ex
/ planned away in the rebuttaL WI
ley 1894, 1890, 1103)
The plaintiff company rests its case
TO a great extent upon its claim that
the vein is an anticline. That the
vein is an anticline, using the worc
broadly and generally, Is true; bu
strictly speaking 1t Is not true eithei
geometrically or geologically. TIT
difference, however, Is merely one o
wording of definitions, and Is not I'm
portant. The word "anticline' VII
serve as a name for the yeinforn
il properly limited and If no concla
sion Is drawn from the use of tn
word that is not justified by its al
plication here. The word "anticline.
geometrically speaking, implies III
existence of one or two "synclines
or "troughs" lying laterally with
and having the same direction. Mott
ing OF this kind is shown by the ev
dence in this case; no synclines az
company the antieline (Lindley o
Mines, Section 3l2O
: At this point an occasion offeT
; TO suggest a danger. Whatever resu
} may be reached in this case, 1t mus
| be based upon an incomplete preset
Z tation of evidence. hould 1t develop
the later mining history OF the ION
o pah District that the conclusions
o fact in this case are wrong, the err'
@ should be excused for this reaso
h The geology of this case is connnt
Il TO a limited area consisting OF u
& West End, MacNamara, and MacN
q mara Extension Claims, eonside
q able part of the Curtis and Eurei
q Claims, and very small portion
N the Valley View and Caliiorh
ID Claims, covering an area OF less TN
d. a tenth of square mile, though u
d apparent that the vein has mu
Q, greater sweep and that certain &c
he logical features of the oontrover
ie involve large part OF the develop
"A portion OF the Tonopah District q
" of the witnesses for the West n
W upon being asked how many VEINS
n the West End Claim named, amo
". others. the Lower Contact Vein, !
IN. no evidence was given descriptive
Nv II or of its relation to the West III
he MacNamara Vein. yet In one Oh
ng arguments Is found this signihci
,st language: The lower CONT
-ly Vein. which is not involved ne
but exists. as has been testiheu ~
N. in evidence, where probably s.
an. liar condition exists lLindie
M. Argument. 30l. Several other We
N we're referred TO. tSearls. sSbl
iit. may be that every vein named
at, ing the trial bears a geological r
ZEN tion to the vein in controversy. q