The Wallace miner. [volume], February 27, 1919, Page 3, Image 3

About The Wallace miner. [volume] (Wallace, Idaho) 1907-current

Image provided by: Idaho State Historical Society

                
FROM MINING PUNTS
DECISIONS IN CASES IN WHICH
RIPARIAN RIGHTS DO
NOT APPLY.
(By Chesla C. Sherlock In Engin
eering and Mining Journal).
The pollution of streams toy mining
operations has already toeen discuss
ed. In the present paper those cases
will toe considered where the mine op
erator or owner has discharged water
or other substances from his mining
property so that it will flow over the
land or property of another in obedi
ence to the law of gravitation.
In the former disc^psion those
principles of law regarding the rights
and obligations of riparian owners in
respect to such matter as might toe
brought from the mine and discharg
ed into the stream were pertinent.
But the courts are agreed that the
principles governing riparian owners
do not apply in instances where water
is taken from a subterranean course,
brought to the surface, and discharg
ed so that it will flow, according to
the lay of the land, upon the property
of another.
Riparian rights £re something
which are acquired with notice by the
man who buys land adjoining a
Stream; and the existence of the
stream is notice to hint that he must
accept the rights of a mere riparian
owner. He can not exercise any oth
er right In such an Instance, because
if he did so he would toe in a position
to out off the rights of owners of oth
er land facing the stream who might
be below him. But avhen the owner
of land is not located upon the course
of a stream, even though his land is
below that of a mine owner, entirely
different principles of law apply in
ease water is discharged from the
mine so that it will enter his land
and do damage to It.
When a man buys land which is
lower than adjoining land, he takes it
with notice that he can not hold the
owners of the higher land liable for
such water damage as may flow on
his property by natural drainage, but
the mere fact thgt he is bound to ac
cept the water flowing by natural
drainage from the land of another
does not give the owner of the high
er land the right to alter this flow or
to increase it so as to add to the reas
onable natural flow of water upon
the land of the lower owner.
In other words, so long as the water
flowing onto the land of the lower
owner is the result of natural drain
age, the said lower owner can not
complain; tout .if the" water flowing
onto his land is the result of artifi
cial means or methods adapted by the
higher owner, then he has some
rights which he may assert.
Even though there Is a natural
drainage of considerable water onto
the land of the lower owner, no prin
ciples of riparian ownership apply;
and, even if water is flowing with
more or less regularity upon the land
of the lower owner, the mine owner
has no right to change its character
by adding to its content any other
substance taken from the mine, nor
lias he any right to add to Its volume
by adding pure water to it, without
incurring liability.
This does' not mean that the mine
owner whose mine is lcated at a high
er point has no right to discharge
water or other sutostances upon his
own land. He has that right beyond
the shadow of a doubt, and the low
er owner can not prevent his so do
the liability of the mine
such substances
Ing, tout
owner begins when
or water pass from his own land onto
that of another.
not toe held
The mine owner may
liable, either, in case the discharge of
water upon his own land subsequent
ly flows upon the land
tout does no damage.
■v,as reached by the
of another,
This decision
South Dakota
the land owner
court holding that
had no right to enjoin the work of the
when such flowing of
higher owner
water across
hint no damage.
the former's land did
toy "slight
If the mine owner can,
expense," prevent the water which he
discharges from his mine
operation from doing the lower land
damage, he is legally
or other
owner any
bound to exert such means and spend
the money necessary to prevent such
But, said the
damage toeing done.
Pennsylvania court, if this expense
(would consume all the profits of the
mining operation, then it is clearly
unreasonable to hold the mine own
er to such a duty.
The court said: "If the expense of
preventing the damage from his act
is such as to practically counterbal
the expected profit or (benefit,
ance
then it is clearly unreasonable and
beyond what he could Justly toe called
If, onf the other
upon to assume,
hand, however large in actual amount
It is small in proportion to the gain
to himself, it is reasonable in regard
to his neighbor's rights, and he should
it to prevent the damage, or he
pay
should make compensation for the in
Between these two ex
jury done,
tremes lies a debatable region where
the cases must stand upon their own
facts under the only general rule that
be laid down in advance—that the
so detract
can
expense required would
from the purpose and benefit of the
contemplated act gs to be a substan
tial deprivation of the right to the
use of one's own property.
could have been prevented short
If dam
age
of this, it Is injuria which 'Will sus
tain an action."
The mine owner's liability might be
expressed in another way, as it was
explained by the Louisiana court. It
a man buys loner land he is bound in
statutory servitude to receive the
natural drainage of the higher land,
provided that no agency of man has
been used to make that servitude
more burdensome to him. But if the
mine operator takes water and other
substances out of his mine and dis
charges it upon his own land, then he
is bound to confine it there; or to so
care for it that it will do no injury
to the land .or property of another, it!
held that the burden to perform
a
a
was
this duty Is assumed toy the mine
owner or operator as soon as* he
substance to
brings water or other
the surface and discharges It upon ids
land, having notice in advance that It
will naturally seek the lower level
and reach the land of another.
In Maine it was said that the mere
fact'that one has conveyed land to
another with knowledge that it is to
bte used for a slate quarry will not
estop him from demanding damages
due to the discharge of water and
rocks upon his own land. There the
fact that the plaintiff had grant
mere
ed the quarry to another can not be
taken to confer the right upon the
owner of the quarry to make an il
legal use of it so as to Injure the
grantor. Nor was the conveyance to
be regarded as a waiver of damages
in working the quarry, even though
the grantor knew that it was to be so
used toy the purchaser.
A California case was bused upon
slightly different facts. The mine
owner caused water to flow over the
land of another, when it was shown
that it would not naturally have flow
ed over his land,'in obedience to the
law of gravitation. The court held
that the owner of the lower land was
entitled to an injunction to. prevent
further damage, and to damages for
the Injury already done, if it was
shown that the circumstances did not
authorize or justify the mine owner
to cause the water to so reach the
land of the lower owner.
In another California case the court
said that the rule is general that
when one brings a foreign substance
on his land he must take care of It,
and not permit it to injure his neigh
bor, even at expense to himself. The
facts in this case showed that only
slight expense was necessary to pre
vent Injury to the neighboring land.
In a Pennsylvania case, it was held
that If an upper land owner, by
pumping, increased the amount
water which would naturally flow up
the land of another, and, by arti
ficial means, concentrated it at one
point, that he was prlma facie liable
for damages.
of
on
In an Indiana case, the mine opera
tor admitted that he had pumped wa
ter from his mine so that it would in
crease the natural flow upon the low
er alnd owner, but attempted to jus
tify such action'upon the ground that
It was only the reasonable conse
quence of his right to the use and en
joyment of his own premises,
court held that the question of whe
ther he had been guilty of negligence
in so acting was one for the jury to
determine.
The
Indiana ca^e, it was
contended that the increased flow of
water was only the consequence of a
reasonable use of the land in carry
ing out the mining operations, and
therefore justifiable. The court said
that while lower land is subservient
to the natural drainage flow of high
er land, and such reasonable contam
ination as might occur in a reasonable
of said land, yet the lower land Is
not servient to unreasonable artificial
flowage, and if the injuries could have
been prevented by the. mine owner ut
considerable cost to himself, as the
evidence seemed to indicate, then he
was liable therefor.
In another
use
THE WEATHER.
Disregard Predictions and Keep the
Coal Bin Full.
(Omaha Bee)
A learned professor of a well known
college has predicted continuance of
mild weather for the rest of the wln
He is in a measure safe in this,
ter.
the time has passed for the most
storms, although the season is
as
severe
not yet so far advanced but some gen
eral and damaging disturbance is
possible. The sun is nearly 40 days on
his Journey to the north, or almost
half way to the vernal equinox, a fact
that lessens the probability of a long
spell of bad weajher. But long range
weather guessing is about the most
unsatisfactory as well as the most al
luring indoor sport we have.
almanac which for over two gen
erations has served Americans as
philosopher, guide and friend on wea,
ther. For the present days it predicts
"very cold, snow, stormy."
say where, however, and maybe some
place. Northern Russia, for example.
Its guess is verified,
missed the mark In the latitude for
which its astronomical'
are made. Even the goosebone and
the corn husk went w'rong this time,
and the groundhog yet has to toe jus
tified. So, while the venerable college
dignitary may be right, and we hope
he is, our suggestion would toe to keep
the coal bin filled and the shovel han
dy for the next 60 days. If you do
not need them you will toe just as well
Here is
an
a
It does not
However, it has
calculations
off.
leading ladies in
Cooks are the
many domestic dramas.
.Photographs, like some people, are
shy of originality.
A Joker's Idea of a good Joke Is one
on the other fellow.
LEGISLATURE TO AUTHORIZE A
850,000 annually iby direct tax under
a 2-mill levy for state highway pur
poses, if the legislature passes a bill
introduced Monday by the house
roads, bridges and ferries committee.
Heretofore bonds have been issued
by the state to carry on its road work
but the constitutional bonded indebt
o.iness lmut has been teached, making
a ut eel tax necessa >.
The measure introduced Monday
provides for continuing the 2-mill levy
each year, and provides for allot
ments of $ 1,625,000 for improvement
of important state highways during
1919 and 1920.
TAX LEVY TO RAISE
$1,850,000.
Idaho will raise approximately $1,
Depend on Aid Fund.
These allotments are made, con
tingent on availability of cooperative
funds to be supplied by counties, high
way districts and the federal govern
ment or toy private donation or receiv
ed from any other source. Should it
appear to the state highway commis
sioner subsequent to May 1, 1920, that
cooperative funds will not toe available
in the necessary amounts, the high
way commissioner may use portions
remaining available for any other
state highway work deemed to the
best interests of the state.
Allotments are designated ns fol
lows:
North and South Highway—Koot
enai county, $33,000; Benewah, $33,
000; Latah, $55,000; Nez Perce, $42,
000; Lewis, $42,000; Idaho, $283,000;
Adams, $125,000. Total, $613,000.
Panhandle Highway — Boundary
county, $32,000; Bonner, $28,000;
Kootenai, $2000. Total, $62,000.
$25,000 for Shoshone County,
North Pacific Highway—Shoshone
county, $25,0000; Kootenai, $20,000.
Total, $45,000.
Lewis and Clark Highway—Nez
Perce county, $20,000; Clearwater,
$27,000; Idaho, $48,000. Total, $95,
000 .
Idaho Central Highway—Elmore
county, $10,000; Camas, $4000; Blaine,
$15,000; Butte, $5000. Total $34,000.
... . T , ,
Sawtooth Park Highway—Lincoln
county, $25,000; Blaine, $10,000; CuS
ter, $20,000; T.^nhi, $25,000. Total,
$80 000 ^
Yelowstone Park Highway—Bing
ham county, $12,000; Bonneville, $10,
000; Frmeont, $51,000; Jefferson,
$6000. Total, $79,000.
Jdaho-Utah Highway — Bannock
county, $17,000; Franklin, $27,000. To
tal, $44,000.
$13,(100;
Canyon, $7000; Ada, $29,000; Elmore,
Owsley
$65,000; Cassia,
Bannock,
Total,
Southern Highway Gets $347,000.
Idaho-Pacific
ton county, $2000; Payette,
(Highway—'Washtng
$72,000; . Gooding, $15,000;
bridge across Snake river, $50,000;
Twin Falls county,
$20,000; Power, $40,000;
$19,000; Bear Lake, $15,000.
$347,000.
Idaho-Montana
Highway— Bonne
ville county, $1000; Jofforson, $3000;
Clark, $20,000. Total, $24,000.
Elk River Highway — Shoshone
county, $2000; Latah, $2000; Clear
water, $15,000. Total, $19,000.
Bolse-Artowrock Highway
Bolse
**
CARBON ITE
Placed in your etove, furnaco or boiler will keep them free of soot.
Saves .tearing down pipes and the consequent mess to clean up.
cures more heat and saves fuel.
Se
A. L. HONEKER
The Pionesr Tinsmith and Shastmetal Worker, has the exclusive
sale of Carbonit# for Shoshone County.
■
Choshone Abstract Company, Ltd.
Room 6, Barnard Block, Wallace
ABSTRACTS OF TITLE PROMPTLY COMPILED
Ours is the only set of Abstract Records in Shoshone
county. All work guaranteed; prices reasonable.
Go to J. W. TABOR'S Book & Stationery Store
■FOR—
Engineers and Draftsmen's Supplies
QUARTZ AND PLACER LOCATION NOTICE8 FOR MINERS
LEGAL BLANKS OF ALL KIN08
BOOK8, MAGAZINE8, STATIONERY
TOBACCO, CIGARS, CANDY, ETC.
COR. 8IXTH AND CEDAR
WALLACE; IDAHO
A Come-Down in Queries.
Ag the governor of North Carolina
,, , t , v ,, rnol . of South C aro
„ na .. what>9 yoU rs-^hoekllt or
s assrerma?"--Macon Telegraph,
county, $1000.
Highway
,'assia county.
Cassia
*14,900.
Bliss-Shoshone Highway—Gooding
|county. $4000; Lincoln, $12,000.
Malad Highway—Bannock county,
$14,900; Oneida, $21,000.
Idaho-Oregon Highway — Canyon
county, $14,009; Owyhee, $13,000.
Reimbursement Fund Included.
From proceeds of the 2-mill tax for
1919, sums aggregating not to exceed
$90,000 are to be used for the reim
bursement of the Albion, Lapwai Val
ley, Mountain Home, Buhl and Good
ing highway districts, and Payette,
Bear Lake, Bonneville, and Franklin
counties for the state's share of cost
of state highway work done by the
counties and districts at their own
expense under direction or approval
of the state highway commlssionre,
the measure provides.
.
When it comes to lying about suits
some tailors can discount some law
yers.
Lots of men are too busy trying to
save the country to earn an honest
living.
NOTICE OF ASSESSMENT.
Notice is hereby given that at a
meeting of the board of directors of
the Buffalo Mining company, held in
the Brunswick hotel at Missoula,
Montana, September 30, 1918, an as
sessment of ten (10) mills on each
share of capital stock was levied, pay
able on or before November 5, 1918, to
Geo. Dunham, treasurer of said com
pany, at the Brunswick hotel or 321
Pine street, Missoula, Montana.
Any stock upon which this assess
ment Is not paid on or before Novem
ber 5, 1918, will be declared delinquent
and advertised for sale at public auc
tion, and unless payment Is made be
fore will be sold on the 4th day ot
December, 1918, to pay tho delinquent
assessment together with the cost of
advertising and expenses of sale.
J. W. CONROY,
Secretary of the Buffalo Mining Com
pany, 334 Alder Street, Missoula,
Montana.
O10-31-4t
Notice of Postponement.
Notice is hereby given that by or
der and resolution of the board of di
rectors of the Buffalo Mining company
the time for payment of the above as
, . . ..
segment nas been postponed from the
6th Uay ° f N °'ember, 1918, to the 4t l
day of December, tais. and the sale
,,, , ,
of delinquent stock has been post
In ?7
1918, to the 4th day of January, 1919,
at the same hour and place above de
scribed,
J. W. CONROY,
Secretary of the Buffalo Mining Com
pany, 334 Alder Street, Missoula,
Montana. N7-28-4t
Notice of Postponement.
Notice is hereby given that by or
der and resolution of the board of di
rectors of the Buffalo Mining company
tj le time for payment of the above
assessment has been postponed from
I the 4th day of December, 1918, to the
14th day of January, 1919, and the sale
lot delinquent stock has been postpon
j e( j f rom the 4th day of January, 1919,
j to the 4th day of February, 1919, at
the same hour and place above de
scribed.
J. W. CONROY,
Secretary of the Buffalo Mining Com
Alder Street, Missoula,
D5-J2-5t
pany, 334
Montana.
Notice of Postponement.
Notice is hereby given that by or
' der and resolution of the board of dl
BOND*
Phons M
THE 0. A. OLIN COMPANY
Phor.s 07
STOCKS
INSURANCE AND LOANS
SPECIALISTS IN COEUR D'ALENE STOCKS
WALLACE, IDAHO
WE handle stocks and bonds on all the principal markets. '
WE sell any active stock on the purt payment plan.
WE furnish full particulars on any Coeur d'Alene stock on request.
WE ask you to write to any bank in Wallace about us.
WE ask you to give us your business. It will pay you.
WE write all lines of INSURANCE; LIFE. FIRE AND LIABILITY.
WE are DISTRICT AGENTS for the MARYLAND CASUALTY CO., writ
ing WORKMEN'S COMPENSATION Insurance in the state of Idaho.
potted from the 4th day of Februury,
1919, to the 4th day of March. 1919,1
at the same hour and place above!
described. 1
rectors of the Buffalo Mining com
puny, the time for payment of the
,
above assessment has been postponed
from the 4th day of January, 1919, to i
the 3rd day of February, 1919, and the
sale of delinquent stock has been post
J. W. CONROY,
Secretary of the Buffalo Mining Com-;
pany, 334 Alder Street,
Montana.
Missoula,
J2-30-5t
Notice of Postponsmsnt.
Notice is hereby given that by or
dor and resolution of the board of dl
rectors of the Buffalo Minins com
pany, tlio time for payment of the
nbove assessment has been postponed
from the 3rd dav of February, 1919, to
the 3rd day of March, 1919,'and the
sale of delinquent stock has been post
poned from the 4th day of March,
1919, to the 4th day of April, 1919, at
the same hour and place above de
scribed.
J. W. CONROY,
Secretary of the Buffalo Mining Com
Alder Street, Missoula,
J30-F27-5t
pany, 334
Montana.
SUMMONS.
In the District Court of tho First Ju
dicial District of the State of Idaho,
in and for Shoshone County.
Jidda Pearl, plaintiff, vs. William E.
Pearl, defendant.
The State of Idaho sends greeting to
William E. Pearl, til# above numed
defendant:
You are hereby notified that a com
plaint has been filed against you in
tlie District Court of the First Judi
cial District of the State of Idaho, In
ind for the County of Shoshone, by
the above named plaintiff, wherein it
is alleged that plaintiff and defendant
intermarried at Spokane, Washington,
on or about June 21, 1916, and ever
since have been and now are husband
and wife; that plaintiff Is now and
for more than live years last past was
a resident of Shoshone County. State
of Idaho, residing at Falcon in said
county and state aforesaid; that de
fendant for more than one year last
past has wilfully neglected to provide
for plaintiff the common necessaries
of life because of his Idleness, proflig
acy and dissipation, although he has
the ability so to do; that there are no
children of the issue of said marriage
and no community property of said
marriage, wherefore plaintiff prays
judgment against defendant that the
bonds of matrimony between herself
and defendant be dissolved.
And you are hereby directed to ap
pear and answer the said complaint
within twenty days of the service of
this summons if served within said
Judicial District, and within forty
days--if served elsewhere; and you
are further notified that unless you so
appear and answer said complaint
within the time herein specified, the
plaintiff will take judgment against
HARRY C. M'ALLISTER CO.
Members
Wallace Stock
Exchange
Stock Brokers
Phone 247:: Insurance Building
Expert Service, Best Companies, Immediate Attention •
Insurance and Bonds in All Brandies
55 Insurance Companies
7 Miscellaneous Companies
Rossi Insurance and
Investment Co.
INSURANCE BUILDING
General Agent for Idaho and Western Montana for
the Aetna Life Insurance Company and the
Aetna Accident & Liability Company
FIRST NATIONAL BANK
Capital $100,000 Surplus $50,000
WALLACE, IDAHO
OFFICEDIi
HENRY WHITE, President
J. W. WIMER, Cashier
M. J. FLOHR. Vies Free
JAME8 F. McCarthy, 2nd V. P.
CHARLE8 KEATING, Assistant Cashier
DIRECTORS!
E. H. MOFFITT
GEO. 8TEWARD
M. J. FLOHR
AUGU8T PAULSEN
ALFRED PAGE
JAMES F. MoCARTHY
HENRf' WHITE
THERRETT TOWLES,
Attorney for Plaintiff,
and P. O. Address:
1 WalU " e ' Idah °'
you as prayed in said coniplatnt.
Witness my linnd and the seel of
said District Court, tide let day of
February, A. D. 1919.
i
(Seal)
HARRY A. ROGERS,
Clerk.
By L. L. BRAINARD,
Deputy Clerk.
F6-M1S-M
«.
NOTICE OF SHERIFF'S SALK.
Notice of sheriff's sale on foreclosure
of mortgage. P. J. Gearon, plaintiff,
vs. M. C. Benedict and Maud Bene
dict, his wife, defendants.
Under and by virtue of an order of
sale and decree of foreclosure, issued
out of the District Court of the First
Judicial District, State of Idaho, in and
for the County of Shoshone, on the 14th
ll i u -Y January, 1919, in the above en
titled action, wherein P. J. Gearon, the
ftbove named plaintiff, obtained a d«
cree against M. C. Benedict and Maud
Benedict, his wife, defendants, on the
°f January, 1919, which said
decree was, on the 14th day of Janu
ar ^' 1919, recorded in Judgement Book
F of said court, at page . I am
commanded to sell all that certain lot.
bioce or parcel of land situated in the
County of Shoshone, State of Idaho,
and bounded and described as follows,
to-\vlt:
"All of Lots numbered eight (t),
nine (9), and ten (10) in Block number
ten (10) of the Sunnyside Addition to
the Village of Kellogg, County of Sho
shone, State of Idaho, according to the
recorded plat thereof, now on file In
the office of the County Recorder at
Wallace, Idaho."
Notice Is hereby given, that on tho
26th day of February, 1919, at It
o'clock a. m. of that day, at the Bank
street entrance of the County Court
House in the City of Wallace, County
of Shoshone, State of Idaho, I will, in
ctedlenco to said order of sale and de
cree of foreclosure, sell the above des
cribed property, or so much thereof a«
may be necessary to satisfy plaintiffs
decree with Interest thereon and costs,
to the highest bidder for cash, lawful
money of the United States. The
amount of said decree is $612.67.
Dated January 23rd, A. D., 1919.
JEPTHA H. SCOTT,
Sheriff.
;
|
By John Dolan, Deputy.
Jan. 23 to Feto. 20-lts.
METHODIST
Episcopal Church
CORNER OF FOURTH AND PINE
Sunday School at 10:00 a. m.
Epworth League at 6:20 p. m.
Public Worship at 11:00 a. m.
and at 7:30 p. m.
D. M. HELMICK, Paator.
YOU ARE CORDIALLY INVITED