davidaulloa/AmericanStories huggingface dataset:
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
Ruling
by Supreme Cont
CONTINUED from Page -

ent's claims are situated; that their
description is not pleaded with suffi-
cient accuracy so they may be found
and identified therefrom, and that the
complaint does not show that the
ground was properly located as re-
quired by the laws of the United
States and of the state of Idaho.
1t is alleged in the complaint that
heretofore and prior to the commence
ment Of this action there were duly
and regularly located on 1ndepend-
ence creek and Moose creek. in old
Moose City mining district, Clearwat-
er county. Idaho, the following de-
scribed placer mining claims: Aggy,
Gold Dollar, Falls. Independence and
Moose, all of which were located by
the predecessors in interest Of the
plaintiff. in the manner required by
law, and were by divers and mesne
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
Mineral Claimant
to Secure Patent
Continued from Page ~

that there has now been more than
$4,000 worth of work done on Maggie
Mcdonald
ION the Famous, Cora and Cora
Fraction lodes only the discovery cuts
and shafts have been sunk, represent
ing on each claim an expenditure ok
probably $25. The Blanche and Mill
Mae lodes are included in the Echo
group. Beginning on the Blanche
lode tunnel has been run extending
several hundred feet into the Mill
Mae lode, and this tunnel, together
with the other work done on the
group, represents an expenditure of
$50 900 and was run by the company
for the purpose of developing all of
the claims in the group with the ex-
ception of the Maggie Mcdonald. 1t
Is the contention of the forest service
that this tunnel in no way tends to
develop the Famous, Cora or Cora
Fraction lodes because they are said
to lie below the level Of the portal OF
the tunnel The company's engineers,
who are experienced miners of many
years experience in the Occur d'Alenes,
contend that the plan followed in the
development of the group is the only
practicable plan that could be follow
ed, and that approximately one-half
OF each Of the three claims mentioned
lie above the level of the portal Of the
tunnel. On the defendants exhibit
supra, is indicated those portions Of
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
NOTICE OF SPECIAL MEETING OF
STOCKHOLDERS.
Office of the Falu Copper Mining
Company, Wallace, Idaho, June 4,

Office of the Falu Copper Mining
Company, Wallace, Idaho, June A.,
1919.
Notice is hereby given that a spe-
cial meeting Of the stockholders Of
the above named corporation will be
held at the office of the company. to-
wit: the office Of Walter H. Hanson in
the clyde Taylor building at wallace,
Idaho, on June 20, 1919, at 1880 o'clock
p. m. Said meeting is called and will
be held for the purpose of considering
and passing upon proposition to
compromise the conflicting claims Of
said corporation, the Franklin Secur-
|ity Mining company, and the former
owners of the lode mining claims now
held and claimed by said Falu Copper
Mining company; for the purpose Of
selling, trading or otherwise dispos-
ing of said lode claims in any way
deemed advisable to settle and dis
pose of the pending litigation, and If
stock in said Falu Copper Mining
company is taken in settlement there
for, to provide for distribution
thereof
Any business necessary, convenient
or proper in connection with the dis
posal or settling Of said controversy
will be taken up and concluded at
said meeting.
WALTER H. HANSON,
Secretary, Falu Copper Mining Com
nany Wallace, Idaho
Je5-19-3t
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
NOTICE OF ASSESSMENT OF THE
CAPITAL STOCK OF THE AJAX
MINING COMPANY.

Wallace, Idaho, May "a, 1919.
Notice Is hereby given that at
meeting of the board of directors of
the Ajax Mining company, held on the
Gath day of May, 1919, an assessment
of one cent per share was levied upon
the capital stock of the said corpora
ton, payable on or before the LIST day
of July, 1919, to Mr. j. A. Havighorst,
secretary treasurer Of said corpora
ton, at No. TIA West 14th avenue,
Spokane, Washington
Any stock upon which this assess
ment remains unpaid on the LIST day
of July, 1919, will be delinquent and
be advertised for sale at public auc-
ton, and unless payment be made be-
fore, will be sold on the 9th day of
August, 1919, at 800 o'clock p. m. at
the Office of the company lat the Of
fee of the James F. Howarth com
pany, No. COS Cedar street) Wallace,
Shoshone county, Idaho, to pay the
delinquent assessment, together with
the costs Of advertising and expenses
of sale.
]. A. HAVIGHORST,
Secretary Treasurer Of Ajax Mining
Company, No. ia West Fourteenth
Avenue, Spokane, Washington.
Je5-26-4t
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
No. 4793.
NOTICE OF THE ISSUANCE OF AN
ATTACHMENT.

In the District Court of the First Ju
dicial District Of the State of Idaho,
in and for the County of Shoshone.
James A. Wayne, plaintiff, VS.. Thomas
w. Pelham and Thomas w. Pelham,
Junior, defendants.
Notice Is hereby given that on the
14th day of May. A. d. 1919, attach
ment issued in the above entitled ac-
tion against the property of the afore-
said defendants, Thomas w. Pelham
and Thomas w. Pelham, junior for
the sum Of one hundred seven and So
100 ($107.50) dollars, with interest
thereon at the rate of 7 per cent per
annum from July 1, 1918, together
with the costs of this action.
Witness my hand and the seal of
said District Court, affixed this 18th
day Of May, A. d. 1919.
HARRY A. ROGERS,
(SeaD Clerk Of District Court
BY L. l.. BRlAINARD,
Deputy.
H. e. WORSTELL.
JAMES A. WAYNE.
Attorneys for Plaintiff,
Wallace, Idaho. Je5-l9-t
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05

that the Aggy is tied to the Independ-
ence claim, reference also being made
to the northerly side of Moose creek.
The junction of Independence and
Moose creeks Is a natural object, and
the cabin and the flume are perman-
ent monuments, within the meaning
of c. L., Sec. 1922.
Mineral deposits are frequently dis
covered in the wilderness, remote
from, government survey
These discoveries are usually made by
men who are not equipped with pro-
per instruments. nor possessed Of
sufficient education, to enable them to
correctly run lines. makes measure
ments, and accurately describe the
ground sought to be located. Some
of these difficulties, at least, attended
the location Of respondents claims.
In such case the law does not exact
the impossible, but the rule has been
thus stated: IF, by any reasonable
construction, in view Of the surround
ing circumstances, the language en-
ployed in the description will impart
notice to subsequent locators, 1t Is
sufficient" Pennington Gold Min.
Co. v. Rhymney Gold & Copper Co.,
So Pac. 1892; Morrison v. Regain, 8
Ida. 291; Bismark Min. Co. v. North
Sunbeam Co., IA Ida. SIG; Snowy
Peak Min Co. v. Tamarack and Ches-
apeak Min. Co.. II Ida $50; Flynn
Group Min. Co. V. Murphy, IS Ida.
266. Tested by this rule respondents
notices are sufficient
Appellants question the suff1ciency
of the evidence to sustain the find
ings. An examination of the record
discloses that while there is conflict
in the testimony the case is well
within the rule that findings of fact
made by a trial Judge who has had
the benefit Of observing the demeanor
of witnesses upon the stand and OF
listening to their testimony, will mol
be disturbed because of conflict If the
evidence in support thereof, If un-
contradicted, would be sufficient tc
sustain it. Neil ". Hyde, 80 Ida.
and cases therein cited
Other assignments Of error have
been presented, but in view of the
| foregoing conclusions we do not deem
discussion of them necessary.
The Judgment and order appealed
from are affirmed. Costs are award
ed to respondent.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
NOTICE OF SHERlFF'S SALE ON
FORECLOSURE OF LIEN,
No. ABB.

No. ass.
John Scanlon. plaintiff, VS.. Prince
mont Mining Company, a corpora
ton, defendant.
Under and by virtue of an order Of
sale and decree of foreclosure issued
out of the District Court of the First
Judicial District State Of Idaho in
and for the County of Shoshone, on
the goth day of May. 1919. in the above
entitled action, wherein John Scanlon.
the above named plaintiff, obtained a
decree against the Princemont Mining
Company, a corporation, defendant, on
the 9th day of May, 1919, which said
decree was, on the said 9th day of
May, 1919. recorded in Judgment Book
"F," of said court at page. 80, | am
commanded to sell all that certain lot
piece or parcel Of land situated in the
County Of Shoshone, state of Idaho
and bounded and described as fol-
lows, to-wit:
Copper Prince No. lode mining
claim, situated in st. Joe mining dis
trict, Shoshone county, Idaho, the To-
cation notice Of which is on record in
the office of the County Recorder of
Shoshone county, Idaho, reference to
which is hereby made for more par
ticular description thereof; also all
buildings, machinery, improvements
and tools thereon and used in con-
nection Herewith.
Notice is hereby given that on the
LIST day of July, 1919, at 100 o'clock
| p. m. of that day. at the point on the
Copper Prince No. l lode mining
claim whereat the machinery, or main
portion thereof Is located, in the coun-
| ty of Shoshone, state of Idaho, / will,
! in obedience to said order of sale and
decree Of foreclosure. sell the above
described property, or so much there
Of as may be necessary to satisfy
plaintiffs decree with interest thereon
and costs, to the highest bidder for
cash, lawful money Of the United
States.
The amount of said decree Is seven
hundred fifty-eight and 65-1OO
! ($75S65) dollars.
Dated June 5. A. D. 1919.
JEPTHA Fl. SCOTT
Sheriff.
BY JOHN DOLAN,
| Je5 -26-4t DenmtN.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05

conveyances. conveyed to and became
the property of the plaintiff" Re-
spondent also alleged it's ownership
and adverse possession, for more
than five years prior to the commence
ment of the action, Of the mining
ground in question.
1t was not necessary for respond
ent to allege in detail the manner In
which the claims were located, nor
the qualifications of the locators. 1t
was necessary to allege the ultimate
fact of its interest in or claim to the
property and in that particular the
complaint is sufficient. Hammitt v.
Virginia Mining Co., -. Ida.,.... 1t
is true the property can not be iden-
titled by the description found in the
complaint. However, at the trial re-
spondent introduced the notices of
location of its claim, together with
oral testimony touching their location
and description, and this evidence was
admitted without objection that the
complaint was 1nSuHlclent.
The record discloses that on August
20, 1918, Jack Moore and another man
entered into a contract with respond
ent whereby they leased this ground
for period of five years, and that
during the years 1913 and 1914 they
and their employees performed the as
sessment work thereon. There Is
conflict as to whether or not the as
sessment work was performed In
1915 The trial court found 1t was
and there is sufficient evidence to
justify the finding; also to establish
that it was done by Moore and w. r
Simons. There Is no dispute that
Moore and Simons spent the greater
part of the summer of 1915 on and
about the ground in question. 1t Is
entirely clear that when they located
this ground for and on behalf of APP
pellants, in 1916, they knew of the
conflict between the claims they were
locating and those of respondent, ano
1t Is equally clear that appellants
were not placed at a disadvantage, MOI
deprived of any substantial right, by
the insufficiency of the description II
the complaint Of respondents claims
If the failure of the trial court tc
sustain appellants special demurrer
was error it does not, in view of these
circumstances, justify a reversal. Z
L., Sec. 1921 provides: "The court
must, in every stage Of an action. dis
regard any error or defect in the
pleadings or proceedings which does
not affect the substantial rights OF
the parties and no Judgment shall be
reversed or affected by reason OF sucr
error or defect" Smith " Peterson
81 Ida. "a. and cases therein cited;
Strong v, Oregon Short Line r. R. Co.
81 Ida 4S.
Appellants question the sufficiency
of the notices Of location of respond
ent's claims and insist that they dc
not contain a statement of the dis
tances and directions from the posts
upon which they were placed to nat
ural objects or permanent monu-
ments as is required by c. L., Sec
1922. The descriptions contained IN
the location notices of respondents
original claims are as follows: ODE
scriptions omitted
1t will be observed that the Inde-
pendence claim is tied to the junction
of independence and Moose creeks
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
NOTICE OF SHERlFF'S SALE ON
FORECLOSURE OF MORTGAGE.

Dennis O'Leary, plaintiff, VS.. Charles
Newell. defendant.
Under and by virtue of an order of
sale and decree Of foreclosure, issued
out of the District Court of the First
Judicial District, state of Idaho, In
and for the county Of Shoshone. on
the 2sth day Of May. 1919, in the above
entitled action. wherein Dennis
O'Leary. the above named plaintiff.
obtained a decree against Charles
Newell. defendant, on the 2sth day of
MAY. 1919 which said decree was, on
the said 2Sth dav Of Nav. 1919 re-
corded in Judgment Book e. OF said
court at page ...., ] am commanded
to sell all that certain lot. piece or
parcel Of land situated in the county
of Shoshone. state OF Idaho and
bounded and described as follows, to-
wit
ots one ~ Two f2> and Four (N
IN Soct'or Eight (Sl in Township For
tv-Fight HS) North Range Two q,
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
NOTICE OF ASSESSMENT.

Office and principal place Of business
of Military Mining & Milling Com
pany, Limited, Wallace, Idaho, May
16, 1919.
Notice Is hereby given that at !"
meeting of the directors of the above
company, held on the above date, al
Wallace, Idaho, an assessment OF one
mill per share was levied upon the
capital stock of the corporation. pay
able on or before July 5, 1919, to wal
ter H. Hanson, assistant secretary, at
his Office In the Gyde-Taylor building
at Wallace, Idaho.
Any stock upon which this assess
ment remains unpaid on July 5, 1917,
will be delinquent and advertised Tor
sale at public auction, and unless pay
ment Is made before, will be sold on on
the 25th day of July, 1919, at wv
o'clock p. m. of said day, to pay de-
linquent assessments, together WITH
costs Of advertising and expenses OF
sale.
WALTER H. HANSON,
Secretary, Military Mining & Milling
Company, Limited, Gyde-Taylor
Building wallace, Idaho.
Je5-Jy3-5t
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
Notice Of Postponement.

Notice is hereby given that by or
der and resolution Of the board Of d.
rectors of the Amazon Dixie Mining
company, the time for payment of the
above assessment has been postponed
from the 30th day of May, 1919, to the
2Sth day Of June, 1919, and the sale of
delinquent stock has been postponed
from the 30th day of June. 1919, to the
3Oth day of July, 1919, at the same
hour and place above described.
HERMAN J. ROSSI,
Secretary Treasurer Of Amazon Dixie
Mining Company, Wallace, Idaho.
Je5-26-4t
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
NOTICE OF SPECIAL STOCK.
HOLDERS MEETING.

Notice is hereby given that special
meeting of the stockholders of the Old
Hickory Mining company will be held
at the Office Of the o. A. Olin COM
pany in Wallace. Idaho, on Monday,
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
MAY Weather for Five Years Compared

recorded maximum OF 81
May May
dur the
1919 BERGLUND, Observer
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
MOTION PICTURES IN VIEW
TO AID VICTORY GARDENS
Plans Made by National Commits.
sion, With Which The Star
Is Cooperating.

Plans for a motion picture campaign
for victory gardens have been worked
out for Washington and vicinity by
the national war garden commission,
with which The Star is cooperating.
The Star has inaugurated a drive for
home food production and is giving,
free to all who call at The Star office.
the garden book issued by the ma
tional war garden commission.
The motion picture reel is to be
booked through the theaters of
Washington. which have been asked
10 cooperate with The Star and the
commission in the campaign for
food f. O. b. the. kitchen door This
reel has been sent all over the coun-
fry and twenty prints of 1t are in
use in various states where COM
munity centers, garden committees.
council and defense organizations and
similar bodies are working to in
crease home food production.
The reel shows how the children of
New York city plant gardens In the
shadow of the gas tanks, how the
soldiers at Camp Dix harvest garden
crops on wholesale scale and how
big business concerns cultivate hun
lreds of acres for employees.
There is a steady call for the gar
den books at The Star office, where
thew may be had at the counter where
Won see the posters, The school teach
ers Of Washington are among the
first TO get the books for schoolroom
use and the books are being promptly
supplied. A request to the garden
editor of The Star. with two-cent
stamp inclosed. will bring the book
by mail.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
Force Assembling Material.

Secretary WaIcott and his force. in
cooperation with the bureau of air
craft production, has been preparing
and assembling this exhibit for some
time. The repairs on the present
structure are for heating, for weather
proofng the sides and walls. putting
the floor in order for the exhibition
and repairing the roof.
Secretary Walcott in his letter
points out that this structure is es-
pecially suitable on account of its i'm
mediate proximity 10 the museaum. in
which, there now is historical col
lection showing the development of
aeronautics. This metal building can
be lighted and heated from the
museum plant and guarded by the
present watch force at minimum ex-
pense to the government.
Secretary Walcott says this will be
the finest aircraft exhibit that this
country has ever seen, and that it
should attract visitors from all parts
of the country.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
Ministry of Fourteen Members.

COPENHAGEN, February 11.-Ac-
cording to q. dispatch from Weimar
an agreement has been reached by
| the German national assembly on the
com position of the new ministry,
which Will consist of fourteen men,
bers. Phillip Scheidemann has been
selected chancellor, DR.. August Mael-
Bauer. minister of labor, and Herr
! Landsberg. minister of national de-
Tense and justice.
Another portfolio will go to DIR. Ed
ward David, who resigns the presi-
tdency OF the national assembly at
Weimar. which position will be taken
over by konstantin Fehrenbach.
| The socialists have seven seats in
| this cabinet. the democrats have three
and the centrists have three. includ-
! ing Matthias Erzberger, who will hold
the post of minister without portfolio
Count Won Brockdorff- Rantzau, anti
socialist, will be foreign minister.
Adopts Provisional Constitution.
| wEIMAR, Monday. February TO-
The national assembly unanimously
adopted a provisional constitution
after three-hour wrangle between
! the independent socialists and all the
rest of the house over the question of
| secret agreements.
! Although the Independents IOSt In
/ their contention that Germany should
pave the way for the entire world in
going definitely on record in favor of
! open diplomacy agreements. they arose
! belatedly to make the acceptance OF
the constitution as a whole unanimous
despite the inclusion of the clause they
| had opposed.
| This paragraph reads as originally
/ conceived and now accepted:
! AS soon as the German empire Is
I represented in the league of nations
with the aim to excliae secret agree
ments, all agreements with the ma
tons in the league must have the ac-
| quiescence of the national assembly
and the state commission"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
C. D. WALCOTT ARRANCES|
EXHIBIT OF AIRCRAFT
Purposes Showing, at Smithsonian
Institution, Progress Made in
Aeronautics During War.

The best exhibition of aircraft and
accessories showing the product and
advancement made by the govern
ment during the war now is being
arranged by Charles d. Walcott, sec
rotary of the Smithsonian Institu-
ton. This exhibit will soon be
thrown open TO the public, so that
the people will have an opportunity
to see the latest types of engines
and other aircraft products.
This was disclosed today when Sec
rotary Glass transmitted TO Congress
a supplemental estimate asking an ap-
preparation of $4,000 to heat. equip
and repair for this exhibition a metal
bu1ldlng IN the rear of the Smith
Sonlan Institution, which was orig
lnaliy designed for study of foreign
aircraft by the Signal CORPS
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
PACT OF POLES AND GERMANS.

VIENNA. February II (by the Asso-
ciated Press).-A wireless dispatch
received from Warsaw says the Poles
have concluded an agreement with the
Germans whereby the Poles shall &C.
cupy Bialystok in order to secure a
free passage through Lithuania so as
to oppose the bolsheviki. The Ger
mans are Withdrawing their forces
from Bialystok to Lapy Wolkoywysk.
the line to which the Poles are re-
pairing for resumption of traffic.
The Germans will evacuate Bialystok
by February 10 and Wolkoywysk
February 20.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12

Barrett, the director general, in his
letter, points out that the present al
lotment in the sundry civil bill is for
S25, 600.
On account of the increased cost of
paper, printing and labor. this fund
will be exhausted in February He
calls attention of Congress to the fact
that the Pan American Union at this
time is playing n particularly impor-
tant part in assisting in development
of foreign trade.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
! $1,000 DEFICIENCY ASKED.
For Use of Pan-American Union for
Printing and Binding,

A deficiency estimate of $4,000 for
the present fiscal year has been sub
mitted to Congress for the PanAmer-
lean Union for printing and binding
at the Government Printing Office.
The recommendation was transmitted
by Secretary Glass and carries the in
dorsement of Franklin l.. Polk, acting
chairman of the board of goveA hors
of the Pan-American Union. John
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
Salary Limit 1000, 900 Marks.

BASEL, February II (Havas).--The
annual salary of the president of the
German republic will be limited to
Loco. 600 marks, according to a dis
patch from Berlin. The president will
reside IN Berlin. He will select his
executives from all parties.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
Eleven Rescued at Sea.

NEW YORK, February 1.-THE
rescue at sea of the mate and ten
men of the American steamship Flirt.
which with its cargo of coal-was de-
stroyed recently by fire in southern
waters has been announced in wire
less message received here from
the steamship City of Savannah, which
Apparently found the elevn men afioat
In their small boat
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12

Holland is preparing for a celebra-
ton next April in honor of the tenth
birthday of little Princess Juliana. the
heir to the Dutch throne.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
Honorably Discharged
HOWARD LESLEY HOLT

Resumes his exclusive teaching Of exclusive
people at his Studio Of Dance, 1921 Neensni
ave NV Telephone Franklin 3465. Class q
Private for Children or Adults. Stage wure
a specially.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-12
Chile to Extend Commerce.

SANTIAGO, Chile. Tuesday, Febru-
airy 11.-Chile is preparing to send
commercial missions to all the South
American republics, in an endeavor
to better international commercial
relations.
Belgium recently has been buying
heavily of Chilean nitrates.