The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-10-14
FEDERAL AND HECLA
SETTLE APEX CASE
No information Re-
garding the
Terms
MARSH NOT ADVISED
Details May Not be Known
Until Managers Return
to Wallace

"HE APEX litigation between the
Federal Mining & Smelling
company and the Hecla Mining
company has been settled out OF
court. This announcement is not bas-
ed upon any official information from
either company; it is simply the OBJ
vious conclusion drawn from the fact
that both companies, acting upon
Geographic instructions received last
Monday, have stopped all work that
was being done in preparation for the
trial The managers of both compan-
les are away. and inquiry at the offices
in this city were answered by the
statement that no information had
been received beyond the order to
stop all work; that it was presumed
that an agreement had been reached,
but that no intimation whatever had
been received regarding the terms of
the settlement. Frederick Burbidge,
manager Of the Federal, was in Spo-
kane, and in response to a request for
information. said that he had no
statement to make. 1t was reported
yesterday that Mr.. Burbidge would go
to New York before returning to
Wallace, the head office of the COM
pany being in that city. James F.
Mccarthy, manager of the Hecla
company, is in New York, having gone
there from Milwaukee, where, it is
reported, there was a meeting of the
Hecla directors last Saturday. The
terms of the settlement, if one has
been accomplished, are purely a mat
formation whatever available at this
time on the subject.
Complaint Filed a Year Ago.
It was last November. almost a year
ago. that the Federal Mining &
Smelling company filed it's complaint
against the Hecla Mining company in
the United States court for the dis
trict of Idaho. Divested of legal
the complaint alleged
that what is popularity known as the
least vein" of the Hecla mine has its
apex in the Russell claim. owned by
the Federal; that a large amount of
ore had been removed from this vein
and shipped by the Hecla company,
the value of the ore thus removed
being placed at S6,OO0,OOO or more;
that this ore was the property of the
plaintiff, and application was there
fore made for an order restraining
the Hecla company from further min
ing the ore, that it be required to ac-
count for all ore removed, and that
the rights of the plaintiff be confirm
ed by the court. In answer the Hecla
entered a general denial of
all allegations so far as its rights to
the east vein were concerned.
Application to Raise Denied.
Last April at Boise the Federal
company applied to Judge DIETRICH,
of the United States court for an or |
der permitting it to enter the Hecla /
and raise to the surface on |
the vein in order to prove its apex |
This application was re-
fused, the court intimating that it |
might be granted if all the parties
were represented in the /
case This was understood to refer
10 the Marsh Mines company, which
holds q lease on the russell CldlH 4
which runs until 1926. A few weeks
alter the Marsh company entered the
case as an intervenor whereupon the
Federal company renewed its applica-
lion to raise from the Hecla work.
ngs. Judge DIETRICH gave a hearing
IN the application last May at Occur
PAlene and again denied it, holding
hat the Federal could accomplish the
desired purpose by sinking from the
surface, while to grant it would seri-
,usly interfere with the operations of
he Hecla
Both Companies Get Busy
The Marsh company had already
started sinking on the Russell vein
With the same object in view, and
his work was taken over by the Fed
raj through an agreement with the
Marsh company. Since that time the
work has been pushed with all pos
,ible speed and when work stopped
asst Monday the shaft was down $40
eet. The vein in the bottom of the
hiatt is about four feet wide and is
described as not materially differing
rom what it was when sinking be-
run. 1t carries from II to 16 ounces
# silver and a little copper. but lit
lie or no lead. While this work has
,een going on by the Federal, the
Iecla company has been busy nearby