The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-10-25

4 CASE THAT will rank amon&
~ the greatest legal controversies
N for the possession of valuable
ore. deposits that have occupied
the attention of the courts in the west
was called this afternoon in this city ir
a special session of the United States
court for the district of Idaho, Judge
Frank S. DIETRICH presiding. The title
Of the case is the STAR Mining COM
pany VS.. Federal Mining & Smelling
company, and the issue involves the
ownership of vast deposits of lead
silver zine ores valued at millions of
dollars. The array of expert witnesses
on both sides, many of them among
the worlds most noted and eminent
biologists and mining engineers. clear
ly indicates the tremendous value Of
the ground at stake and the titanic
battle that is to be fought for its pos
session. These witnesses are now in
the city, many of them having been
here for weeks preparing for the trial
For the Star.
Horace V. Winchell, geoogist and
mining engineer, of Minneapolis.
c. K. Leith, special geologist at the
University of Wisconsin, Madison
Stanly A. Easton, mining engineer
Sullivan mine, Kellogg.
Oscar HI. Hershey, mining geologist
of Bunker Hill & Sullivan, Kellogg.
Albert Burch, mining engineer, San
Francisco.
Walter Wiley mining engineer, Los
Angeles.
George Huston, mining geologist,
Mullan, Idaho.
James M. Porter mining engineer,
Spokane.
Rush ]. White. mining engineer,
Wallace, Idaho.
Fred w. Galloway, mining engineer,
Kellogg, Idaho.
For the Federal.
Dr. Waldemar Lndgren, of Boston,
formerly of the United States geologi-
cal survey.
Joseph Barrell, professor of geology,
Yale.
Minor Roberts, professor of geology.
University of Washington Seattle.
II. A. Beuhler. professor of geology,
Missouri school of mines Rolla.
j. r. Finlay, mining engineer, New
York.
w. B. Fisher, mining engineer, Salt
Lake City. 49,
E. Prcey Smith, mining engineer Of
Federal company, Wallace.%
w. Gus Smith, mining engineer,
British Columbia.
Attorneys.
John P. Gray, of Occur d'Alene, is
attorney for the Star Mining COM
pany.
C. w. Beale, of Wallace, and Mar
shall & Mcmillan, of Salt Lake City,
are the attorneys for the Federal.
A large number of local men will
aso appear as witnesses in the case,
being generally practical prospectors,
miners and men of varied experience
in this district.
Origin Of the Case.
The action was brought last March
when the Star Mining company Sc
cured temporary order from Judge
DIETRICH restraining the Federal Min
ing & Smelling company, in the opera
tion of the Morning mine, from tres
passing upon the Star ground and
started proceedings for the recovery
OF ore already extracted, valued at up
wards of 100000. Upon subsequent
hearing the court made the temporary
order permanent, or until the issue
was tried on it's merits. The order,
however, provided that the Federal
might continue to mine the ore in the
disputed ground on condition that the
ore was kept separate from the other
product Of the Morning mine ana
treated in the Wallace mill, and an ac-
curate record kept of all costs of min
ing, milling and transporting the ore
In order to protect the plaintiff, the
defendant was also required to lille
bond of $4,000 and additional bonds
threafter to cover the difference In the
amount received for all ore shipped
under the Federal contract and the
amount that would have been received
II shipped under the Hecla contract
or in lieu of bond the defendant
might make cash deposit ana IN
that event settlement would be made
on the 10th Of each month. This or
der was in reality the result OF an
agreement between the litigants. But
The Federal elected to suspend opera
fCrpttrvaA IN m ora h1