The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-08-02
Be Heard by Judge
DIETRICH Next
October
MILLIONS ARE INVOLVED
Array of Legal, Engineering
and Geological Talent
Is Engaged

Miring 4 Smelling company
involving the ownership of an
ore body valued at millions of dollars
will be tried In the United States court
for the northern district of Idaho
next October. In order to accommo-
date the parties to the litigation,
Judge DIETRICH will hear the case in
this city. 1t is doubtful If a case has
ever been tried in Idaho or in the
northwest in which such distin-
guished group of mining engineers and
geologists have participated as that
which will be drawn here by the con-
tending parties in this suit. Men Of
national and international fame will
appear in behalf of the contestants.
In keeping with this array of experts
will be the legal talent on both sides
of the controversy, mining attorneys
who have won distinction in many of
the most notable cases that have been
tried in the west. The trial of the case
will be of absorbing interest to all
who are engaged in mining. The
case is expected to turn upon the
question of apex to the vein, and the
theories and facts maintained by the
opposing experts are certain to be
both interesting and instructive.
Basis Of the Case.
In the complaint filed by the Star
Mining company it is alleged that the
Federal Mining & Smelling company,
in operating the Morning mine, has
extended it's workings into the Even
ing Star and Mary r. fraction claims
on six levels ranging in distance from
$50 to 1900 feet, and extracted there
from large quantities of ore of the
value of more than $500, 900; that un-
less restrained from so doing, the
Federal company would continue to
extract the remaining ores in the
claims named, for. which the Star
would have no adequate remedy. The
complaint was supported by affidavits
of E. H. Moffit. president Of the Star
company; Stanly A. ,Easton and Rush
j.. White, mining engineers. The affi-
davits of Mr.. Easton and Mr.. White
gave in detail the extent of the al
legged trespass, and estimated the
amount of ore actually developed and
involved in the contested ground at
more than 100000 tons, the values
being in lead, zinc and silver.
Restraining Order Issued.
The application for temporary re-
straining order was heard by Judge
DIETRICH in Portland about the middle
of last March. The temporary in
junction was issued pending the trial
of the case on its merits, with the
stipulation that the Federal company
would be permitted to continue min
ing the ore in the contested ground
upon the condition that the defendant
keep a full and accurate ac-
and transportation, milling the ore in
the Wallace mill. and at all times
keeping the ore separate from other
cres: that the zinc concentrates
should be shipped to the Anaconda or
other Independent smelter, and that
the lead concentrates should be ship
ped to the A. s. & r. company and
in the event of the plaintiff winning
the suit the defendant would be re-
quired to pay for the ore at smelt-
ing rate equivalent to that obtained
by the Hecla Mining company; and
in order to protect the plaintiff the
defendant was required to file a bond
in the sum of $4,000, and to file a
further bond or make cash deposit
from time to time to cover the differ
ence between the amount received for
the ore under the Fedral contract and
the amount that would have been re-
ceived II shipments had been made
under the terms Of the -Hecla con-
tract Rather than operate under
these exacting conditions, the Fed
eral suspended operations in the
ground in controversy.
Preparing for the Battle.
Since the injunction was issued
both the Star and Federal people have
been actively engaged in preparing for
the contest in the court. Expert en-
gineers and geologists have given
much time to examining the ground
and when the trial comes on there
will doubtless be an array Of testi-
mony, accompanied by maps, models
and exhibits that will be quite bewil-
'dering to the layman. There is prac-
tically no limit to the financial re-
sources Of the litigants, and there Is
no doubt that the property involved