Arizona republican., 1922-04-07
MINF SUIT ARGUED
INVOLVING CLAIMS
S2,5OO,0OO VALUE

AXIf0lIS IOdI COSI S8FOIdl "l1OAocillA
dollars TO make, attorneys yesterday
presented arguments before the Ari-
zona supreme court in the case OF
Tom Reed Gold Mines company,
plaintiff and appellant, against the
United Eastern mining company, oe-
fendant and appellee. The supreme
court was crowded with attorneys
and mining men who came to Hsteh
to the arguments for the case, pc
cause of its unusual features, IS the
first apex suit of its kind ever 10 De
tried in the United States. 1t rs
also the second apex suit OF any
Kind to reach the supreme court OF
Arizona. the first being suit from
Tombstone in 1888.
Following the arguments which be-
gan at 10 o'clock yesterday morning
and lasted until nearly O'Clock IN
the afternoon, Chief Justice Henry
d. Ross announced that the case
would be taken under Amusement
and the decision given later, oy MN 2,
self and the other two justices, A. u.
AIcAlister and Edward j. Flanagan.
This suit, which was brought to-
the supreme court on appeal from
The Mohave county superior court,
involves gold ore mining claims near
Kinrman in Mohave county valued
approximately at s2,500000. 1t had
its inception several years ago when
the United Eastern company, after
locating the Grey Eagle mining
claim. sunk a shaft and struck a
S.erv S,s,- rich vein Of ore, which they
called the Big Jim vein. In some
nlaces the vein is more than so
feet wide although not all OF the
ore in the vein being commercial
ore.
The Tom Reed Gold Mines COM
pany had located claim adjoining
the United Eastern's claim and We're
( rrospecting on various parts OF the
claims. Upon hearing of the rich
strike Of the United Eastern, which
apparently from the appearances OF
the strike. tapped the middle OF a
vein, the Tom Reed company began
at once to sink shafts on their prop
erty with the idea that perhaps the
apex of the Big Jim vein struck by
the United Eastern people had It's
apex on their property.
After sinking a shaft to some
depth. the Tom Reed company was
unable to locate the outcropping OF
. the Big Jim vein. Later, however,
they struck vein or ore on Lnelr
claim and began to work 1t. They
soon struck the end of the vein,
which clearly showed that it had
been faulted. the fault running to-
ward the United Eastern vein. The
services of a geologist was obtained
and after a great deal of investiga-
ton. the geologist arrived at the
conclusion that at some time In the
prehistoric ages, the two veins had
been one.
Through an earthquake or some
other disturbance. the geologist
stated. the section of earth bearing
the Tom Reed vein had slipped or
faulted. breaking the vein and
carrying the apex or outcropping
end OF the vein 430 feet from the
other. This fault, he called the
Mallery fault. The other end Of the
vein, he said was the Big Jim vein
Upon the basis Of the geologist's
report. the Tom Reed company at
once laid claim to the Big Jim vein,
contending that the apex of the vein
was on their claim At one time
during the contention between the
two companies, a consolidation was
almost formed. In 1919 the Tom
Reed company brought suit in the
superior court in Mohaye county,
asking TO quiet title to the under
ground segment of the vein, claimingN
the right to mine it under the apex
Judge E. Elmo Bollinger. before
whom the suit was tried in King
man, rendered his decision in favor
of the defendant, the United Eastern
company. and held that the two
veins we're separate and not one and
the same as the Tom Reed company
claimed. The Tom Reed company
then brought the suit to the supreme
court on appeal.
Both sides in their arguments ad-
nitted that at one time the veins
were one. John r. Gray of Couer d.
Alene, Idaho, representing the United
Eastern argued from the. viewpoint
OF the miner and declared that the
miner would never have considered
the two veins as one. The Big Jim
vein, he said, lay wholly within the
claim of the United Eastern and
though it had been faulted, the end
of the vein was still within the
claim.
William E. Colby. Of San Francisco.
representing the Tom Reed company,
argued that the two veins were one
md the same and that the Tom
Reed company owned the apex to the
vein. Under the mine law. he said,
the ownership of a vein was always
given to the owner of the apex.
Courts. he said, always had been
very liberal in this respect.
During the arguments. both at
torneys referred frequently to the ex-
hibits and practically every exhibit
was used many times. One exhibit,
made of wire and red celluloid, rep
resenting a cross vertical section of
the two veins and the claims was
used frequently by both sides. 1t
was made exactly TO scale and on the
top of the model exactly equadistant
between the two faulted ends Of the
;, veins. there was model of the
: county court house at Kingman to
give an idea of the length of the fault
which separated the two veins
A mechanical device presented by
the Tom Reed company showed the
original position OF the vein before
the fault occurred and upon moving
lever at the back. the veins moved
TO show the fault as they allege it
took place. Other exhibits consisted
of maps hung on iron pipe and wood
en- frames and also of horizontal and
vertical cross sections of the two
veins drawn on many sections of
glass. placed one behind the other,
the veins being shown in red. These
exhibits were lighted with electric
lights placed behind or beneath them.
In all there were five large glass
exhibits and five large map exhibits
in addition to numerous other exhib-
its. all showing the veins from all
angles.
The exhibits were made for the
srial in the superior court in Moha
ve county. The Tom Reed company
exhibits were made by Herman c.
Zuch while the United Eastern ex-
hibits were made by J. Raine. They
were shipped to Phoenix several days
ago and set up in the supreme court.
The exhibits will be left on display
In the court rooms for several days.