The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-03-28

about is inches from the mouth OF
No. l west on No. tunnei
level. The geology OF this sector, both
upon this level and upon No. 5, and TO
some extent upon lower levels, Is In a
measure unusual, and. it is to be ad-
mitted, strongly suggests close re-
lation of some character between the
ore occurrences in the Morning vein
and those in the Star drift. While
there is no clear evidence of assure
departing from the Morning vein as
a branch or strand thereof, COM
plexity and irregularity in the fractur-
ing has resulted In bringing the min
eral occurrences of the Star raise and
Of the Morning vein into close prox-
unity, If not into actual union. In
discussing the situation at that point,
Professor Leith, one of the experts
for the plaintiff, after referring to the
main Star drift, especially the eastern
section, testified
1T is necessary, then, to find out
where this Star vein belongs in the
scheme of things to project to use the
best differences possible. The nearest
point at which the Star tunnel lode
reaches parts Of the lode which have
been definitely identified as the Morn
| ing lode is near the easterly end line
of the Star tunnel, which is about 100
feet below the north crosscut In the
No. tunnel area, about which so
much has been said. In that north
crosscut 1858 feet from No. 4 level
there is naturalization and shearing Of
substantially the same type as found
100 feet below in the easterly extern
sion of the Star. There can be no
question of that so far as the mineral
composition, the structure and the
cleavage of those two things are es-
sentially alike. Note that that does
not involve the conception of the Star
vein coming into the Morning at an
angela direct connection due TO the
introduction of distinct vein coming
in and splitting at definite point
from another distinct vein. In other
words, one does not find in this east
end of the Star a definite vein with a
strike and dip which would bring 1t
down into this position at the place
painted No level.
zone does not find in the north
crosscut on the No. level such con-
dition. But one does find mineraliz-
ed zone coming through here to the
east similar in all respects to that
mineralized zone occurring 100 feet
above, in this relationship to the
Morning vein Some of these minor
assures may come in, | think very
likely will come in, to the Morning
vein Some of them very likely will
not. | do not lay any stress on any
individual fissure. l simply take the
general naturalization and the struc-
ture.
/ Now, as TO whether or not that Is a
real and substantial connection 1t Is
perhaps hard to be dogmatic when we
/
structures, naturalization, and so on.
There may be honest differences or
opinion in the matters observed In
things of that sort. Though ] purpose
a moment later to take the assay
sheets of this territory in order to
show how some cumulative measures
can be applied to that question as to
whether this is a real and substantial
connection"
In view of these conditions, 1t Is
thought that in this sector the defend
ant should be limited to what, in the
actual conduct of it's mining opera
lions, it seems to have decided was the
width of the vein, and accordingly 1t
| is held that within all the ground
vertically beneath the surface of the
Evening Star claim, the northerly
| limit of the Morning vein Is five feet
northerly from the plane of the north
walls of the defendants tunnels or
drifts, it's raises and other workings
upon the direction of the strike and
| dip. Granted that such a boundary
is wanting in geologic accuracy; it Is
a fair approximation, and no suggest
ed limit is free from a similar objec-
| ton.
! Strictly speaking, the conclusion
thus reached upon the first general in
n
upon the question of priority of dis
covery, but it will not be amiss also
to state my findings upon that branch
/ of the case The Grouse was located
! September A. 1886, and patent issued
January 8. 1897. The Evening Star
/ was located January l, 1887, and pat
ent issued July q. 1904. The Iron
Crown was originally located Septem-
Der l. 1884, and relocated by the
same parties August IA, 1888, and pat
ented January s, 1897. AS already
noted, both the Grouse and Iron
Crown overlap the Evening Star, but
the owners of the latter did not adj
verse, and accordingly the patents for
the Grouse and Iron Crown cover the
entire claims, including the area in
conflict. Il is not disputed that "a
patent is conclusive that the patentee
has done all required by law as
condition of the issue, and that it re-
lates to the initiation of the patentee's
right, and cuts off all intervening
claims Mining Co. v. Tunnel Co., 1876
y. s., 1897, 345; or, putting 1t in an
other way, that upon the issuance of a
patent conclusive presumption arises
that there Is a discovery vein within
the ground patented, that the claim
was properly located thereon, and that
all precedent acts necessary to auth
orize the issuance of patent had
been performed. Steward Mining Co.
V. Bourne 21S Fed. 327. 1t is also
conceded that discovery, If seasonably
followed by the requisite acts of loca-
ton, constitutes the initial fact. But
upon the question whether the patent
concludes the right of third parties
later to raise an issue as to the time
when discovery was made and the
acts of location performed, the parties
are not in agreement, the defendant |
contending that the patent proceed
ings amount to an adjudication that |
valid location, including discovery, |
was made at the date of the certif- |
cate of location, and the palintiff that |
the estoppel extends only to the fact |
Of valid location, but not to the time
thereof. If the question is not entire
ly foreclosed, it Is at least reduced to
a very narrow compass by the follow
ing comparatively recent decisions:
Mining Cow. Tunnel Co., 1876 U. s. 1877.
q Weop " ITpttaJ Ctatas, Nil, ~ II