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

upon narrow seams aggregating to-
tai width OF only 8 of foot, the min
eralization in such seams running |
high in silver and lead. but, IL COM /
puted to cover the intervening barren I
ground as well, almost negligible In
percentage Manifestly. insofar as
plaintiff relies upon continuity or
naturalization. this exhibit makes
even poorer showing than that OF
the defendant.
The position of the b" tunnel, near
the surface, along the easterly end line
of the Star. gives 1t the character of
crosscut 1t was assayed by the de-
PENDANT throughout its entire length
OF 2O7 feet to its face. The assays
disclose no lead at all, excepting 4
per cent in the 7-foot section at the
face, and a per cent in the 1O-foot
section next thereto. No zinc at all
Is shown, and silver in but five of the
sections. 1t has a low percentage of
iron throughout, averaging not much
higher than in other places conceded
to be outside the vein.
The analysis 1t is thought demon
strates the fact that upon the average
naturalization Of the ground immedi-
ately to the north of defendants works
is meager, irregular in the extreme,
and generally Is found in small isol-
ated seams. And when we look upon
the broad apex as painted upon the
plaintiffs surface map, and undertake
by scientific inference to coordinate 1t
with the known conditions UNDER
ground, we find that so much is left
tC conjecture that in the main the de-
p;cted boundaries must be deemed to
be fanciful or arbitrary. What sub
tsantial reason, for example, can be
adduced for putting the northern
limit of the apex at the eastern end
of the Star, where it is, rather than a
hundred or two hundred feet further
forth or a hundred or two hundred
| feet further south? If Star tunnel
"B" proves anything, it proves that it
is either altogether within or alto
gether without the vein, and yet the
northern limit of the apex as painted
upon the map intersects it and ex-
cludes the northerly rs feet, the only
section assaying either of the two
most valuable vein minerals. Some
witnesses for both plaintiff and de-
| PENDANT testified that it was wholly in
the sheared zone and Is at least 600
| feet to the nearest working below
from which even a remote inference
could be drawn touching the apex
And why, it may be asked, If we are
to adopt the broad apex theory, is the
northern boundary not pushed far
enough north to take in the Star dis
covery which is only about 100 feet
northerly from the face of the tunnel
and thus possibly connect the min
eral occurrences in the Star workings
with the Star discovery vein? AS
showing that such an inquiry is not
fanciful, reference may be made to the
I &c, Of nf ha plo inf nv
| pert witnesses. who, after describing
"B" tunnel and certain openings near
| its mouth, said: Il am unable to say
| as to the width of the vein. The work.
| ings appear to be wholly within it,
1t is but little further from one end
of the tunnel to the Star discovery
| than from the other end to the adj
mitted apex in the Grouse, and like
wise it is about the same distance lat
orally from the main Star drift to the
apex Of the Grouse as to the apex of
the Star discovery vein, assuming for
1t northwesterly and southeasterly
course. Upon the whole l am inclin-
ed to reject the broad apex theory. 1t
involves too many conjectures and on
ly substitutes new difficulties for old.
Under the assumption that the vein
is Of such character and branches, no
one can say even approximately
where upon any level the branching
takes place; it is guess and nothing
more. For many years, during per-
iod when there could have been little
thought other than of finding the ore
and extracting it, the Morning miners
pushed their work to great length and
depth, but within a narrow compass,
not unerringly, 1t is true, but if now
and then they went astray they soon
n m n n
inclined to give weight to this fact,
and to hold that in the main the Nor
ming vein does not greatly exceed the
width of the workings. 1t strongly
suggests that while the vein is with
out well defined walls, by some means
the miners have, in workings of great
magnitude, distinguished between that
which they have mined and that which
they have left undisturbed. 1t isn't a
sufficient answer to say that their OPP
erations have been limited to CONNER
cial ore; such is not the case. Stop
able ore is not continuous either up
on the strike or the dip, and it was
often necessary for them to drive or
sink through barren ground to find
new ore bodies. 1t is not case
merely of finding the pay ore within
a narrow compass at one point upon
a broad vein; here it has been sought
for and frequently found in alignment
for great distances both longitudinally
and vertically, and if there is a broad
vein two or three hundred feet in
width, generally, though not uniform
ly mineralized, the commercial ore
being now on this side and now on
that, it is difficult to understand why,
upon exhausting one ore body the
miners have not, in seeking another,
crosscut to the limit of the vein, in
stead Of driving along it's course, UNI
less, as already suggested, in some
way they have been able to distinguish
the narrow zone which they have fol-
lowed, from the formation upon both |
sides. The discussion has perhaps |
already exceeded reasonable bounds, |
and | make no attempt to review the
decided cases. The following either
directly or remotely throw light upon
the principles involved, and are not
thought to be out of harmony with
the conclusion | have reached. Iron !.
Silver Mining Co. V. chessman, 116
U. s. 537. Lawson V. Mining Co, 207
U. S. /; S. c. 1874 Fed 1853 Stevens V.
Williams, ! McCreary. 48S and 572. /
Eureka Conn. V. Richmond M. Co,
Sawyer, 3O2, (see also comment on
this case in Lindley on Mines VOL /,
Sec 292, p, 655). Bunker Hill, etc. V. Il
Empire State, 1874 Fed 273 Migeon v.
Mont Cent. Ry. Co., n Fed 249. Doe
V. Waterloo M. Co., "a Fed. 935.
CheeSman V. Shreve 40 Fed 1877 II