The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-03-28
Full Text of Judge
Deitrich's Decision
CONTINUED from Page u

point that two mineral bearing bands
are wholly separated by barren one.
Occurrences are also found where the
liberalization is strong along the
median line Of zone, but gradually
decreases in either direction therefrom,
and ultimately fades out; and still
others where the heavy naturalization
Is along the outer edges of the zone,
the center being lean or entirely bar
rem. II Is therefore difficult, without
going into great detail, to convey an
adequate idea of mineral occurrences,
especially as they are disclosed upon
cross sections. While 1t thus appears
that vein and mineralized matter are
not exact equivalents, it Is thought
that under the circumstances and the
necessities of the case the mineral
occurrences must be referred to as
the most important factor in determ-
lining the lateral limits of the vein in
places where, as Is generally true, 1t
Is without defined walls. l am unable
to concur in the view that the vein
Ia Of the full width of the sheared zone.
II by sheared zone Is meant the broad
area In which some measure of shear
ing may be found. And it may be
added that in practice neither party
consistently adheres to such theory.
We might possibly be justified in put
ting strain upon the general defin-
ition of a vein by assuming its iden
tity with the shear zone (Which Is
probably several thousand feet wide
In places) II by so doing we were en-
abled to find a clear solution of the
problem; but such an assumption
does not substantially reduce the diff
ficulties. The sheared zone has not
been fully explored, but it Is to be
presumed that the shearing, instead Of
terminating abruptly. diminishes grad
ually, and ultimately fades into the
undisturbed country. without leaving
definite boundary lines. Indeed, there
Is no little diversity of opinion on the
part of the experts touching the form
alton at different points Of exposure
In the several openings, some affirm
ing that It is sheared others denying,
and still others expressing doubt.
Passing now to consideration of
the naturalization, we find the evil
dence, If not always Illuminating, at
least generally definite and certain.
Much stopping has been done from the
easterly section of the Morning claim
to its extreme westerly end, to a
depth of 1850 feet below No. tunnel
level and some ore has ben taken
from the level 1850 feet below such
level 1t is not controverted, and OF
course will be assumed, that the stop
Gu TeSloH was SUBSTANTIALLY HiuetdiiI-
ed and was upon a single vein. J;x-
tensive sampling has been made of
other localities, and elaborate plats
have been introduced, exhibiting the
assays of such samples. The work
was carried on Independently by each
side, but / have not gone to the pains
Of comparing the results In detail. So
far at least as the crosscuts are con-
cerned, the method adopted by the
defendant is preferable and inasmuch
as In the argument the defendants as
says were referred to almost exclusive
ly, | have in the main resorted to
them rather than to those of the
plaintiff. Few samples were found
barren of iron, but because of its
worthlessness as commercial product
and its prevalence to some degree In
the country as well as in the vein, 1
have not undertaken to analyze or
group the assays thereof. 1t may sim
ply be noted that from a hasty sur
vey of the plats it becomes manifest
that quite generally the percentage in
the defendants workings Is substan-
TALLY greater than in the workings
north of what 1t asserts to be the
northern limit of the vein. A more
analytical study Is thought to be
worth while of the assays of silver
lead, and zinc, particularly in the OPP
enings for some distance easterly and
westerly from the point where plain
tiff claims the vein divides into two
branches. Perhaps it should here be
noted that under the plaintiffs theory,
the branching is further west as we
go down on the vein. First, the de-
PENDANTS workings.
The most westerly connection be-
tween its lower and upper workings
consists of series of raises from
point on No. tunnel level $500 feet
below No. 8 leveD about so feet wes-
terly from point vertically beneath
the northerly end of the common end
line of the Grouse and Iron Crown
claims. BY traversing these raises
and drifts for short distance one
could at the time of the trial Except
for about rs feet in No. s incline
raise which for that distance, was
incomplete) pass to the surface, in the
Iron Crown claim. about 500 feet west
OF the easterly end and $50 feet south
OF the north side line, a distance ver-
tically of approximately 1900 feet, and
horizontally in westerly direction 500
or 600 feet. Twenty-Five samples
taken at comparatively regular inter
walls In the 500 foot raise from the
No tunnel level to No, show an
average of a little over s of an ounce
nf silver, S,3 per cent lead, and 1872
ner cent zinc, every sample contain
ing both lead and zinc. About so
feet easterly on No. tunnel level
from this raise there is an incline
raise from No. tunnel level to the
Lower Grouse tunnel, which is about
100 feet above the No. Morning
tunnel. and at point about half way
UP this raise passes through a large
dixie for a distance of approximately
$50 feet. Through this as well as the
unfinished section approximating a
distance OF 225 feet, no samples were
taken. The remaining portions APP
proximating AIS feet, were sampled
at eighteen different points, and these
samples show an average of 6 of an
ounce in silver, 2.5 per cent lead, and
81 per cent zinc both lead and zinc
being found in every sample. From a |
point just east of this raise upon the |
Lower Grouse tunnel another raise |
ascends, with an inclination cores
ponding 20 the dip, distance of about |
400 feet, to the Iron Crown tunnel |
Eighteen samples taken upon this raise |
at regular intervals show an average |
of / ounce of sivler, about As per cent |
lead, and Z per cent zinc.
Proceeding westerly in the Iron
Crown tunnel for a distance of about
$50 feet, we come to the Iron Crown
raise, from the bottom of which to the |
surface the distance is about 100 feet
Four samples taken at regular inter-