The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-11-27

what promises to be one of the
most important apex cases in
which Coeur d'Alene mines
have been involved was taken last
Saturday when the Federal Mining &
Smelling company filed an action
against the Hecla Mining company in
the United States district court for
the northern district of Idaho at
understanding no temporary re-
straining order has been issued or re-
quested against the Hecla company
and probably will not be until the
Hecla has filed its answer to the
complaint. The basis of the action
has heretofore been published in de-
tain by the Miner, but owing to the
Importance of the action and the
widespread public interest, the formal
complaint is herewith reproduced in
fun with the exception of the first
paragraphs identifying the litigants,
as basis for bringing suit in the
federal court. The Federal is a Della
ware corporation and the Hecla is in
corporated in Washington. The COM
plant is signed by John A. Marshall,
of Salt Lake City, and A. II. Feather
stone, of Wallace, attorneys for the
Federal, and acknowledged by Freder-
ick Burbidge, general manager. Mr..
Marshall will be recalled as the chief
attorney for the Federal company in
the apex litigation with the Star In
the pending trial he will again have
John p. Gray, who was attorney for
the Star, as his opponent, Mr.. Gray
having been retained by the Hecla.
Passing the preliminary paragraphs,
the Federal company alleges.
Apex in Russell Claim.
"That the said plaintiff now is and
for more than 10 years last past has
been the owner in fee, in possession
and entitled to the possession of that
certain lode mining claim situated in
Lelande mining district, in the coun-
| ty of Shoshone, state of Idaho, known,
named and designated as the Russell
lode mining claim, mineral survey No.
1887, particularly bounded, described
and plated in the United States pat
ent issued therefor, as follows: De-
scription Of claim omitted).
THAT within said Russell lode min
ing claim there is vein or lode of
rock in place bearing lead, silver zinc
and other valuable minerals, and that
the said plaintiff is the owner, in the
possession of and entitled to the pos
session of the said vein or lode and Of
the ore and minerals therein contain
ed.
THAT the said vein or lode extends
lengthWise Of and through said Rus
sell lode mining claim for a distance
Of 1898 feet and that the top or apex
OF said vein or lode is within the sur
face boundaries of said Russell lode
mining claim. That the general
course or strike of the top or apex OF
the said vein or lode, at the surface,
within the said Russell lode mining
claim, is easterly and westerly and
that on such course the top or apex
OF said lode or vein crosses the west
erly end line of said Russell lode mi
ming claim between corners No. / and
No. 2, and the easterly end line of the
said Russell lode mining claim be-
tween corner No. and corner No. 4,
and extends within the surface boun-
daries of the said Russell lode min
ing claim, from said west end line
thereof in an easterly direction along
the general course of said claim
throughout it's entire length; that the
said vein or lode in said Russell lode
mining claim has a downward course
southerly and on such downward
course southerly passes and extends
outside of and indefinitely beyond the
sOutherly boundary side line of said
Russell lode mining claim and ver-
tical plane drawn through said south
erly boundary side line of said Rus
sell lode mining claim, which line ex-
tends between corner No. and COR
ner No of said Russell lode mining
claim, and into and beneath the sur
face of the Consolidated Extension
and Iron Side lode mining claims sur
vey No. 1417 the Orphan Girl. Musca-
tine, Muscatine Fraction, Croesis and
Burlington lode mining claims survey
No. 1886, the Mascot lode mining
claim mineral survey No. 1913 and
the June lode mining claim all stu
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