Consolidated Wyoming Gold Mining Co. v. Champion Mining Co.

• Decision Date: 13 August 1894
• Citation: 63 F. 540
• Court: U.S. District Court — Northern District of California
• Parties: CONSOLIDATED WYOMING GOLD MIN. CO. v. CHAMPION MIN. CO.

63 F. 540

CONSOLIDATED WYOMING GOLD MIN. CO. v. CHAMPION MIN. CO.

United States Circuit Court, N.D. California.

August 13, 1894

John M Wright and W. S. Wood, for complainant.

Edward Lynch and Lindley & Eickhoff, for respondent.

HAWLEY District Judge.

This is an action of trespass, with a prayer for equitable relief for an accounting, and an injunction. It was commenced in the superior court of Nevada county, and removed to this court by respondent, upon the ground that it involved a construction of the United States statutes relating to mining claims.

1. A motion was made by complainant to remand the cause to the state court upon the ground that there was a prior judgment in the state court between the same parties, which left no issue to be litigated except the fact and extent of the trespass, and that no federal question was involved. This motion was denied, and a plea in abatement to the jurisdiction of this court was overruled by the circuit judge. Complainant is the owner of the Wyoming and Ural quartz lodes and mines, for each of which it has issued September 19, 1874, and is based upon a location or occupancy of the lode claim prior to 1872. The patent recites the fact that it is granted under the law of 1866, and the acts amendatory thereof of 1870 and 1872. It grants 2,270.40 linear feet of the Wyoming lode and certain surface ground which is particularly defined by metes and bounds. The patent to the Ural lode for 2,000 linear feet and the surface ground was issued May 12, 1880. It recites the fact that it is issued under certain sections of the Revised Statutes of the United States, which includes the statutes of 1866, 1870, and 1872. Both of said patents contain a grant of the mining premises substantially in the language of section 2322, Rev St. U.S. The respondent is the owner of the New Year's and New Year's Extension, upon which it particularly relies, and of the Climax and certain other claims, which ch need not be specifically mentioned, and its title thereto is evidenced by a certificate of purchase from the United States land office, which is admitted to be equivalent to a patent from the government. The title of complainant to its Wyoming and Ural claims is prior in point of time to that of the respondent to its claims. There is no dispute whatever as to the surface lines of the respective claims. It is admitted by complainant that whatever its rights to the Wyoming and Ural lodes were prior to its application for a patent, when it had these claims surveyed by the United States surveyor, and permitted him to draw the end lines, it is estopped, under its patent, from any further claim outside of the lines that were fixed by the surveyor, and that its extralateral rights-- which constitute the principal bone of contention in this case-- are confined to planes drawn downward through the end lines of the survey, and extended indefinitely, and that at a certain depth these end-line planes would come together, and its extralateral rights would be entirely cut off. The former judgment in the state court was rendered in an action brought by the Champion Gold Mining Company (respondent in this action) against the Consolidated Wyoming Company (complainant here). The trespass there alleged was upon the Philip, Champion, Climax, New Year's, New Year's Extension, and the Annex mining claims, and included the ground in controversy in this action. The question of end lines was there in issue, and the court found that a certain course described in the pleadings was the course of the southern end line of the Ural quartz mine. The question of the junction of the Wyoming and Ural lodes was also presented. The judgment in that case reads as follows:

'Now, therefore, it is considered, adjudged, and decreed that plaintiff have judgment against the defendant for the sum of one hundred and twenty dollars, with its costs therein expended up to the time of filing of the answer to the amended complaint; that plaintiff is not entitled to any injunction or other relief against defendant; that defendant is entitled to work its Wyoming mine along and all points below the junction thereof with the Philip mine of plaintiff, and that it is entitled to work both its Wyoming and Ural mines at any point below where either of said mines, or its dip, may unite with the New Year's or Climax or New Year's Extension or Annex mines of the plaintiff; and that defendant have and recover its costs herein expended since the filing of its said answer to amended complaint.'

An appeal was taken to the supreme court, and the judgment was affirmed. Champion Min. Co. v. Consolidated Wyoming Gold Min. Co., 75 Cal. 78, 16 P. 513. The admissibility of this judgment as evidence was passed upon by the circuit judge in deciding that this court had jurisdiction of this case, and these questions will not be reviewed.

The following diagram shows the surface boundaries of the respective claims and the lode lines of the respective lodes as defined and represented in the patents, and contains the stipulation of the parties in regard thereto, and with reference to the former judgment between the same parties in the state court. (See Diagram A). (DIAGRAM OMITTED)

The lode lines represented on this diagram are ideal, as distinguished from the actual lines of the lodes as shown by the testimony. The line of outcroppings of the Wyoming and Ural lodes, with the underground workings of the Wyoming and Champion companies, are shown upon the following diagram. (See Diagram B.) (DIAGRAM OMITTED) The outcrop of the respective lodes upon the surface is not continuous nor well-defined, but it has been exposed in a sufficient number of places to show-- when taken in connection with the underground workings-- that the general course of the croppings as delineated on the diagram is substantially correct. The apex of the Wyoming lode is clearly established within the surface boundaries of the Wyoming claim, and the lode extends throughout the entire length of said claim through the northern and southern end lines thereof. The apex of the Ural is shown to be in the Ural claim, and the lode extends from the northerly end line through the claim in a southerly direction for about 1,400 feet, and then crosses the eastern side line of the Ural as delineated on the diagram, at a point about 600 feet from the southerly end line of the ural surface location. The walls of the Wyoming lode are both slate, and in the testimony the Wyoming is called the 'slate' vein. The Ural lode has a hanging wall of granite or diorite, and the foot wall is slate, and this is called the 'contact' vein. The slate vein extends downward into the earth at an angle of about 25 degress to the southeast. The contact vein extends downward in the same general direction at an angle of about 35 degrees.

There are numerous controverted questions of fact, as well as of law, that will have to be solved in order to determine the rights of the respective parties.

2. Before discussing any of the controverted, conflicting, and somewhat complicated questions of fact, it is proper to say that both parties had several large maps carefully drawn, and prepared in such a manner as to materially aid them in presenting the testimony of the respective witnesses in a clear and concise manner. Each party also introduced a large model of the underground workings, by reference to which the court was able to follow the witnesses as they gave their testimony concerning their examination of the several drifts, tunnels, upraises, winzes, and levels exposed in the underground workings of the respective claims. The testimony was presented, and the whole case tried, in an intelligent and satisfactory manner. Counsel were fair and courteous to the court, to the witnesses, and to each other. Questions not in real dispute were readily admitted. Each party pursued a similar line of examination by introducing first their surveyors; second, the superintendent or underground foreman; third, practical and experienced miners; and, fourth, on expert on each side. The witnesses were intelligent men, and favorably impressed the court that they intended to tell the truth, and detail the facts as they appeared to them, without any hesitation or equivocation. Both counsel and witnesses demeaned themselves throughout the long and tedious trial in such a manner as a to received the commendation of the court for their honesty, frankness, ability, and courtesy. The case was tried with extreme caution, so as to cover every possible phase that might be taken of the numerous questions involved. The result is that many of the questions raised and much of the testimony taken became unimportant in the light of the conclusions reached by the court. It is not deemed necessary to enter into any extended statement of the facts. The record is large, perfect, and complete.

The various links in the chain of evidence are too numerous to warrant any minute attempt to show how they are welded together.

3. The principal contention upon the part of the complainant is that the Wyoming or slate vein and the Ural or contact vein, in their downward course from the surface, unite and form a junction, and that from the point of junction downward there is but one lode or vein, and that is a contact vein between granite and slate walls. The contention of respondent relative to this question is that there is a middle vein between the 300 and 400 foot levels from the Champion shaft, which is a separate and wholly independent vein, in a different fold of slate from the Wyoming lode, which has its apex within the lines of respondent's claims; that the Wyoming lode or slate vein does not unite with, intersect, or touch the contact vein.

From the impressions received at the...