The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-03-28
STAR MINING COMPANY, Plaintiff,
VS.,
FEDERAL MINING & SMELLING
COMPANY, Defendant
DECISION.
March 10, 1918.

March 13, 1918.
John P. Gray and James A. Wayne,
/ Attorneys for Plaintiff, Howat, Mar
shall, Macmillan & Nebeker and c.
w. Beale Attorneys for Defendant.
DIETRICH, District Judge:
The plaintiff is the owner of the
Evening Star Evening Star Fraction,
and Mary r. Fraction, patented lode
mining claims, as shown upon the at
tached sketch, excepting the overlap
Of the Iron Crown and Grouse upon
the Evening Star. The defendant is
the owner of the Morning, MONDAY
Fraction, Grouse, and Iron Crown
claims, also patented. All the claims
are situate in Shoshone county, Idaho
Defendant is removing ore from work.
ings beneath the surface of the Even
ing Star, upon the assumption that
it has the apex of the lode, in the
Grouse and Iron Crown; hence the
suit.
1t will be noted that the Morning,
approximating 900 by 1900 feet, extends
longitudinally in a southeasterly and
nOrthwesterly direction, that to the
west is the Evening Star, it's easterly
end line being identical with the Morn
ing westerly end line, and westerly
from the Evening Star, with a common
end line, is the Evening Star Fraction.
The MONDAY Fraction lies southerly
from the Morning, the two having a
common side line. To the south of
the MONDAY Fraction and Evening
Star, with small area of overlap upon
each and with side lines directed a
little more toward the south than those
of any other claim, is the Grouse, and
abutting it end to end on the west,
with side lines running nearly east and
west, and with a slight overlap upon
the Evening Star, is the Iron Crown.
From lode the apex of which crosses
the easterly end line about two hun
dred feet from the northeast corner
of the claim and courses in a westerly
direction toward the southwest cor
ner, the owners have taken ore valued
at from 25 to 80 million dollars. The
development has been from the east
toward the west, and when the suit
was brought the defendant was ex-
tracing ore westerly from the Morn
ing west end line, beneath the surface
in the southeast corner of the Even
ing Star. 1t has stopped ore in large
quantities upon it's different levels to
a depth of approximately three thous
and feet,-and to a considerable extent
beneath the surface of the Evening
STAR especially upon it's number six
tunnel level, which is about two thous-
and feet beneath the surface, and in
the levels next above and next below
this tunnel level. Looking from the
east, the general strike of the stopped
area is northwesterly, and the dip,
though not uniform, is slightly to the
Of
readily recognizable, but the vein or
lode in which they are found is with
out clearly defined walls or boun-
daries. 1t embraces part or all of a
broad zone, irregularly sheared and
irregularly mineralized. BY co-ordin-
ating cuts and other surface openings
with the deeper workings, the plaintiff
established an apex for the vein in
which the stopping has been done, from
a point little to the east of the
middle of the Morning, longitudinally,
and approximately two hundred feet
northerly from the southerly side line,
thence running westerly, intersecting
the Morning side line about four hun
dred and fifty feet from the south
westerly corner, then intersecting the
northerly side line of the Grouse about
six hundred feet from the northeast
corner, and then the west end line al
most at right angles about two hun
dred and fifty feet south Of the north
west corner, and thence with a course
almost due west for a distance of about
five hundred feet, in the Iron Crown.
This course, which, it will be noted,
is, throughout it's entire length of ap-
proximately two thousand feet, with
in the defendants claims, the plaintiff
now comedies is upon the apex or a
portion of the apex of the vein, which
| in it's lower reaches, embraces the
area stopped by the defendant, in both
the Morning and Star claims. With
| this concession, however, it couples the
contention that the apex is very broad,
the exact width being question
touching which it's biologists do not
agree AS painted upon its maps, 1t
Is shown as zone extending in width
from the course just described, north
erly for a distance of approximately
two hundred fifty feet, and in length
from the easterly end of such course
westerly to a point about five hundred
feet west Of the common end line OF
the Morning and Evening Star claims
where 1t Is represented as forking, the
smaller portion, from fifty to one hun
dred feet wide, following the course
claimed by the defendant, and the
larger branch continuing in a north.
westerly direction, ultimately intersect-
ing the westerly end line Of the Evening
Star. Concretely the plaintiff con.
tends that westerly from the east enc
line Of the Evening Star and the south.
erly projection thereof, to the westerly
end line of the Grouse, and the north.
erly projection thereof, the apex o.
the vein and of the northerly branch
lies upon both sides of the common
side line of the Grouse and Evenins
Star, and for short distance further
west on both sides of the common sid,
line of the Iron Crown and the Even
ing Star, and further, that in poin
of time discovery was made of tn,
Evening Star prior to the discovery O.
the Grouse and Iron Crown, and tina