The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-04-29
MARSH BECOMES PARTY
TO FEDERAL HECLA SUIT
FILES PETITION AND COMPLAINT
IN FEDERAL COURT AT
cOEUR D'ALENE.

coEUR D'ALENE.
Formal entrance into the pending
apex litigation between the Fedora
Mining & Smelling company and the
Hecla Mining company was made
Tuesday afternoon by the Marsl
Mines Consolidated, when a petition
and complaint in Intervention wa.
filed in the United States district
court at Occur d'Alene on behalf Of
the Marsh by Mccarthy & Edge, at
torneys of Spokane. While it has beer
expected that the Marsh would be-
come a party to the litigation on ac-
count Of its interest as leaser of the
| Russell claim in which is located the
alleged apex. it is believed that the
filing is made at this time on account
Of the ruling of Judge DIETRICH in
denying the application of the Federal
company to be permitted to make a
raise from the Hecla workings. In
this ruling the court recognized the
ed party and stated that he would
not permit the raise without that COM
pany being entered as one of the liti-
giants.
Marsh Sets Forth Rights.
As summarized by the Spokesman
Review, after placing a value in ex-
cess of $5,OOO,OOO on the ore alleged to
have been removed by the Hecla from
the Russell vein, the Marsh in it's
petition denies that any ores and
minerals mined and carried away
from the premises therein described
subsequent to July 20. 1916. were the
property of the plaintiff, the Federal
Mining & Smelling company.
''That the jurisdiction of the Unit
ed States district court for the dis
trict of Idaho over this suit is invok-
ed and depends upon the ground that
the plaintiff is a citizen and resident
of the state of Delaware" the Marsh
continues. "and that the defendant
(Hecla) is a citizen and resident of
the state of Washington, and that the
intervenOr (Marsh) is a citizen and
resident of the state of Washington
and claims interest in fhe premises
herein described and the subject
matter Of the litigation in this action
described. adverse to the claims Of
both plaintiff and defendant. and that
the title, interest and property rights
of intervenOr are placed in jeopardy
in said action. and that the rights and
interests of intervenor in and to the
property involved in said litigation
and the possession thereof by inter-
venor are superior TO the rights both
OF plaintiff and defendant in said
main action, and that the subject
matter involved in said litigation can
not be conveniently determined or
determined at all without the pres
ence of intervenor therein. and all OF
which more fully appears elsewhere
in this complaint in Intervention"
Wants Hecla Restrained.
The Marsh goes on to say that the
'ntervenor further alleges that the
defendant owns the Hecla mine, So
called, which adjoins the Russell lode
mining claim on the south; that the
said defendant has heretofore and
since the date Of the execution and
delivery Of the hereinafter described
lease, by means of underground
workings in its exclusive possession
and control extending from the said
Hecla mine at great depth beneath |
he surface, surreptitiously and Sc
reilly penetrated into and within the |
said Russell lode claim and into and /
lpon the said veins and ore bodies /
herein lying within the end lines Of |
he Russell claim and mined and |
'arried away large quantities of ore
herefrOm for its own use from the
Russell claim. the property of the in
ervenor."
The Marsh refers to its lease for 10
ears from July. 1916, of the Russell
lain of the Federal company: then
SKIS that the defendant Hecla com
any. be restrained from extending
IS workings or removing any ore.
rom asserting any title, interest in.
or right of possession in
ny part of the premises and any b
lght whatsoever adverse to- the I
lights Of the intervenOr as lessee S
foresaid." If
The Marsh is sinking a winze on e
s vein from the Russell tunnel level S
his winze has attained a depth Of i
,5 feet from the tunnel It has dis e
osed an increased width in the vein. ?
lie last 25 to so feet of the vein hav- a
g been 10 feet wide. according to an t
fetal q