The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-03-04
Drifted Across Cor
ner of the Gertie
Claim
CONSENT OF DIRECTOR
Willing to Permit Mr.. Hutton
to Make Personal Inspec-
ton of Workings

THURSDAY Afternoon the Hecla
Mining company filed its an
swer to the complaint of the
Gertie Mining company in
which the court was asked to issue
an order requiring the Hecla COM
pany to permit the plaintiff to make
an examination and survey of its I'M
derground workings The action was
brought before Judge r. n. Dunn,
sitting i'm this city for Judge Woods
The hearing of the case was post
poned on account of the Illness of
John p Gray, attorney for the Hecla.
The fling of the answer will doubt
less be followed by a hearing Of the
case at an early date Walter H.
Hanson is attorney for the Gertie.
The complaint alleges that the Heca
company had surrephtously entered
into the Gertie and Iron King claims
of the plaintiff through underground
workings and had removed valuable
ores and minerals therefrom. The
answer of the Hecla is a general de-
NAL of the allegations contained In
the Gertie complaint. and specifically
denies that it has trespassed on Ger
tie ground and that it has ever ex-
tended any workings beneath the sur
face Of plaintiffs claims without the
knowledge of the plaintiff. and that it
has never removed any ore whatever
from the property Of the plaintiff 1t
is further denied that any vein, lode
or ledge in any of the mining claims
of this defendant or any vein, lode or
Ledge from which this defendant has
been taking or removing any ore,
apexes within either of the said Ger
tie or Iron King claims. De-
MES that the plaintiff is the owner Of
any ore or ore bodies beneath the
surface Of any of the mining claims
Of this defendant"
Cross Corner of Gertie.
The answer of the Hecla continues:
Further answering said complaint.
this defendant says that it is the own
er of a large number of claims and
among others, of the Burlington and
Muscatine lode mine claims. That
the said Burlington mining claim
joins the Gertie mining claim on the
east, the south and the west that this
defendant did sometime prior to the
Goth Of September. 1910. in the devel-
opment of the Burlington claim ex-
tend a drift from it's workings to the
easterly into and within the said Bur
ington claim, and in extending the
same drove it from that portion of the
claim which lies easterly
)f the said Gertie across a corner of
he Gerte mining claim and into thai
portion Of the Burlington claim which
les westerly of the said Gertie claim:
hat in doing so the defendant did not
'emove any ore from the said Gertie
'laim and developed no ore therein;
hat no mining works whatever were
extended from said working and that
o have reached that portion of the
Burlington lying easterly Of the Ger
ie claim without driving through said
equired a long working around the
nd Of said Gerte claim.
'That the said working was driven
t a time when one of the directors of
aid Gertie Mining company the
laintiT. was doing the. sur
eying for this defendant And with
IFS full knowledge and consent; and
defendant is informed and believes,
nd therefore alleges upon informa-
ion and belief. that the Gertie Min
ne company knew Of the extension Of
aid working through said corner Of
he Gertie claim during the year 1910
nd at least as early as the year 1912.
No Other Work in Gertie Ground.
This defendant further says that it
as never at any time extended any
Their working into or beneath the
urface Of any mining property own
d by the said plaintiff. and has not
{ any time removed any ore rock or
laterial belonging to the said plain
ff, except in the one instance refer
ed to-
Defendant further alleges that I.
V. Hutton president Of the plaintiff
ometime in the year 1919, asked per-
l.ssion to have survey made of de-
sndant's mine. and that at that time
efendant caused to be shown to the
aid Hutton the mine maps Of this de-
'ndant
THAT Arthur A. Booth is a director
said plaintiff company, as defend