The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-12-11
MARSH'S CONTENTION
IN HEClA APEX SUIT.
Continued from Page -

SIDE OF C0nS0lldated ground at q POM
140 feet from the south side line of
the Russell claim, as shown on the
accompanying map. This vein does
not outcrop in Consolidated ground.
The Marsh company resumed de-
velopment work in the month of June
OF this year, after a shut down for a
considerable period, and Immediately
commenced exploring the surface of
the Russell claim. This resulted In
disclosing a most promising vein,
which was first exposed by a short
,rosscut tunnel at about so feet Of
iepth from the surface, near the
outhwest corner. This tunnel has
ince been continued on the vein, and
which has now been advanced about
$50 feet from the point of intersec-
ion, or about SIS feet from the por-
al. The position of the Russell vein,
as disclosed by this development, TAX
en- in connection with the strike and
dip, as proven by surveys, carefully
made by engineers of both the Marsh
and Federal companies, confirms be-
yond any reasonable doubt that the
Russell vein cover the apex of the
east ore body in Consolidated ground,
and according to the law governing
apex rights, the title to this ore body
is vested in the Russell claim.
Development of Russell Vein.
The important features relating t.
the development Of the Russell vein
and it's relation to the vein carrying
the east ore body of the Hecla, will be
found in the accompanying report by
Mr.. b. N. Sharp, M. E., based on his
recent examination, and which is re-
garded by the trustees as sufficiently
accurate to justify its presentation in
full in this report. There is also in
clu6ed a sketch prepared by Mr.. Sharp
illustrating by cross section plan the
dip of the vein into Consolidated
ground and it's intersection with the
Hecla raise.
History Of Marsh federal Lease.
The lease in possession of the
Marsh company, covering the Mono,
Russell and O'Neil claims of the Fed
eral company, had it's origin in 1916,
snd which was included in the COM
promise agreement between the
Marsh and Federal in settlement of
the litigation threatened by the Fed
eral company against sthe Marsh for
alleged trespass, involving ore ex-
tracted under the surface of the O'Neil
claim. This lease runs for a period of
10 years from July 20, 1915. In con-
ligated itself to perform certain de-
velopment work Jointly on its prop
erty and that of the said group COW
cred by the lease. All the require
ments under this lease have been fully
lived up to by the Marsh company,
and the same is in full force and eff
feet at this time. Under the terms of
said lease, the Marsh company is Civ
en- exclusive mining rights to this
group of claims during the term of
the lease, subject to payment of a
royalty is regulated by the lead con-
tent of the ores, and market value OF
the lead product. The market price
of silver is not a governing factor in
the determination Of this royalty
charge. The original scale applying
to this royalty was greatly modified in
favor of the Marsh company, effective
early in 1919, and which runs concur
rently with the remaining term of the
lease on all ores produced.
Status Of Marsh and Federal Com
panies in Suit Against Hecla.
With reference to legal rights of
the Marsh and Federal companies,
respectively. aginst the Hecla COM
pany. we are advised that the Marsh
company has the right to recover the
value Of the ore mined, less the cost
of mining, from the date of our lease,
namely, July 20, 1916, and the right to
continue mining OF the vein during
the remainder of the life of the lease,
"iiSH vi SouiSV, Wouiu Hot eApiIt uH-
til July. 1926, subject to the rights
Of the Federal company, as lessor. If
it should be established that during
the whole or any portion of the time
that mining was being done on the
vein by the Hecla company that the
were such that it knew
or had good reason to know that the
tein belonged to u company, in
that event the Hecla company would
not be permitted during that time to
leduct the cost Of mining, and it
would be required t. account for the
value Of the ore extracted. Our
development work, surveys, examina-
ion and study of our rights had pro-
,eeded on November 3 to such degree
hat our company felt fully warrant
ID in serving, and did serve. upon the
Iecla Mining company, formal notice
that 1t discontinue mining
Ipon the vein and account to our COM
AMY for the ore extracted and per-
nit company to make survey and
Of the Hecla workings.