The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1916-11-30
SUCCESS MINING COMPANY
WINS OVER The ALAMEDA

court last week In lengthy
nv Chief Justice Sullivan and concurred IN by justice morgan
and Bulge reversed the decision of the trial court PRESIDED
nv udge Wood Occur dAene in the big mining case
in which the Almeda Mining company asked 1or peln
ent Injunction against the Success Mining company enng
from mining vein which apexes on the Success com
nanvs property follows incline under the CardH prop
ertv owned by the Ameda company and Tor $oOooo oaI
ages the alleged value of the unawfuy taken out Inc
involves question of lateral rights ana
has an important general bearing on mining rights.
Judge Woods tried the injunction feature lie denied the
Of the Success Mining company pursue the vein under
the of the Cardiff claim An appeal was TAKEN from Ills
findings. ,
The Alameda Mining company moved to dismiss the appear
on tho grounds that It was from nterocutory judgment
and not from final Judgment and appeal being from de-
csion appealabe "There is nothing Whatever In
either of grounds stated, says the supreme court
cit clear says the supreme court later on In It's declslon
from that the OF the vein is not determ
lined bv its direction at any given point where the vein
crooked one The the Granite claim crosses the east
line thereof Appellant extraatera rights must be deermn
by the the apex thes urface OF the claim
"Posve testimony of miners who mined the and de-
veoped the and others who made actual
SURVEYS of the be taken for than speculative
theories experts geology and formation of bodies
and mnerazaons of vens says the court Physical facts
should given greater weight than expert opinions and
speculative theories"
Trial Courts Error.
Concluding. the supreme court says:
The court erred in not making direct and positive find
ing to whether the apex the Granite vein within exer
boundaries of the claim We conclude that under the evil
ence the said Granite vein has its within the boundaries
the claim and its westerly end terminates against the Granite
Monzon and that at that point the vein is nearly vertical
that extends into the earth at slight dip to the
southwest Simply because the cut off at that point
the Granite Monzone why it not be fol
lowed dip downward within vertical planes between the
line and the point where the vein ends against the
Granite.
Right to Pursue Vein.
Under the provisions of section 1922 United States Revis
ed Statutes the appellants given the right to pursue the
ven odes and lodges throughout their entire DEPTH the top
the apex of which lies inside the surface lines of said extend
ed downward although such ve odes lodges may far
depart from the perpendicular in their downward
extend outside of the vertical side lines of the surface location
The appellant has pursued the vein within the vca plans of
the end ne and has passed beyond hem and the evidence
clearly shows the existence of the vein lode in the Granite
claim and establishes its identity and continuity from surface
downward to the 1200foot eve.''
Judge f. Aishe who attorney for the Success Mining
company claims that the ruling of the higher court definitely
decides all phases of the unless it should be taken to the
supreme court of the United States writ of error The
cent finding of the value of the removed has bearing
unless this latest court ruling reversed says contrary
report from Boise Attorney Walter Hanson of Wallace
the counsel opposing Judge Ailshie.