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ike White pine news Published by the wmrm pens raws publishing COMPANY. A. YAUBAN Editor (Meet: Esst Ely and Ely, Nevada. Entered as second-lass matter November 24, 1908, at the postofflee at Bast Ely, Nevada, under the act of eeafrese of March 3. 1879. TERMS OF SUBSCRIPTION. One year (by earner).910.00 One month (by carrier). 1.00 •facie copies. .06 ___ Senator Lorimer has not resigned and it is impossible to think that he 1b resigned. Aviator Hamilton, strange to say, was slower in getting away from Philadelphia tnan in getting there. A change to cooler is predicted in the Rockies. Usually such news is acceptable in June, but the year of the comet is an exception. According to the London Lancet aeroplanes may cause a disease re sembling seasickness. So far the aviators nave been kept too busy to think about it. The quica work which was done in adjusting the differences on the railway bill shows that the Republi can party has not lost any of its old skill in pushing constructive legisla tion. In spite of the fact that the cy clone season is belated, it has been active enough during the past wefek to arouse fear that lost time will be regained over the remaining laps of the cyclone season, if we include all tMe HJgS #Ihdff #htc« wril blow udttl after election day In i\ovember. On his last day abroad Colonel Roosevelt took out an English friend for a little pedestrian exercise. For tunately for this companion the steamer sailed before fifty miles could be reeled off. The Yakima preacher who asked his congregation to whistle the hymns is still a few laps behind the Pennsylvania coal region preacher who uses a whistle instead of a bell on his chur*** to call the faithful to prayer. A steel concern ca the Pacific coast has contracted for iron ore and pig iron from China for the next fifteen years. A consular report says that the Robert Dollar Steamship com pany will perform the transportation and will add one or two steamers which will be built in British yards. “Though, these will fly the British flag, they will be owned by American capitalists. It will require consider able freight to fill these vessels in the outward cargo, and this enterprise should help increase trade between the United States and China." No doubt it will. The steamers that bring ore and pig from China will seek American manufactured goods to car ry back. So if we would make it a little easier to get Argentine wool into this country the vessels bringing it would greatly increase our export trade to the River Plate. Incidental ly, as the Dollar steamers will be owned by American capital, what is gained by refusing them the use of the American flag? We do not know that the company would wish to sail its steamers under the flag of their own nation, but if they would there Is no decent reason why they should not be allowed to. **«“■ Heat Electric XigMa Hat aad Odd Wttar NORTHERN HOTEL ELY, NEVADA Headquarter* for Ttatelki Inouc. ELY NATIONAL BANK A. B. WITCHER, Pres. JOHN WEBER, Cashier ALBERT HEUSSERVice-Pres. LSTADTfELD,AssTCash TINGLEY BLOCK ELY, NEVADA Low Rates East Summer excursion round-trip tickets at greatly reduced prices to Eastern points: SOLD ON June 2, 3, 4, 24, 25, 26, 30 July 1,2, 3, 4, 5, 6, 25, 26, 27 Aug. 1, 2, 3, 4 Sept. 1, 2, 3, 11, 12, 13, 14 Southern Pacific District Passenger Agent's'Office Room 207, Odd Fellow Bldg., RENO - - - NEVADA One of the most important mining decisions rendered in the United States was handed down recently by Judge Stevens of the district court. The ruling involves numerous new points of law that have never been raised in the complexity of apex litigation and is certain to be cited by attorneys in other mining districts where similar issues are involved. The case will undoubtedly be appeal ed in spite of the warning of some of the best mining lawyers in the coun try, who have always advised their clients to compromise rather than face the possibility of illimitable liti gation. Colorado has been sorely af flicted with apex and side line litlga tion, and the experience has been rather costly, but it is hoped that in I the present instance the “'Biggest Lit-! tie Mine” of Nevada will not be forced to suspend dividends or to stop operations. The ruling has an other and more important bearing on mineral locations in general, in ac cordance with the question of oil lo cations, and, that is, that mineral of any character depends on the actual discovery and not the presence of an infinitesimal portion of the alleged contents discovered in the course of development. The principal points of law decided in the case are as follows: First: That a valid location of a mining claim can only be based upon a discovery of mineral within the boundaries of the claim sought to be located, and upon the unappropriated mineral lands of the United States. Second: Whenever after a discov ery, a mining location has been made and the ground included within the boundaries of such claim has been segregated from the unappropriated mineral lands of the United States, no valid location can be made of any claim based upon a discovery made within the boundaries of a claim thus segregated. Third: A failure to adverse an ap plication made for a patent on a senior location by a junior location, does not stop such junior locator from questioning the validity of the location of the claim under which the senior locator seeks to enforce an extra-lateral as against such junior locator. Fourth: The invalidity of such patent may be pleaded as a defense in any action brought for the posses sion of land and may be tried upon the same principle as an original bill in equity. Fifth: Where the original location certificate of a claim declares that the location was made entirely within the boundaries of other claims the bur den of proof is upon the locator to show that the claims upon which such locations were made were in valid. Sixth: That where a cross-vein l departs from the side lines of a lo cation. such side lines become the end lines for the purpose of determining the extra lateral rights of the locat or, and beyond such side-lines as they extend downward vertically, the locator cannot follow the vein, and could not enter upon or into prem ises which are shown outside of the vertical planes drawn downward through the location. NATIVE COPPER ANI> OXIMES IN KIMBERLY CON. Sil tET An indication of the predicted ' wealth that will be given up by the I properties owned by the Kimberly I Consolidated Mines company, when I great depth is reached was produced I in the three-compartment shsf* this ! week when the miners uncovered na | tive copper, black oxides of copper, Galena and sulphides, says ihe Bat tle Mountain Herald. These minerals appeared In seams in the quartzite and at a point approximately 050 feet below the apex of the mountain. As says returned a total value of $115, and showed the ore to carry gold and silver besides the base metals. Such character of ore shows they are near ing water level—matter of fact water is appearing now. As the baser metals only appear in seams at present, showing that the formation Is breaking Into the r< free-1 tory zone, there is every reason, from j a geological standpoint, to look for\ a great body at greater depth. And I there is another situation to be look ed for, well-founded on existing con- ; ditions as observed from ihe forma tion so far disclosed, and that Is a ! fissure vein of the class of ore <11 a- ( covered. Should that develop, this, shaft will hold a world-beater for 1 quantity and values. The early locators of this ground drove a tunnel into the mountain at a point about 200 feet further up 'he hill from this shaft, from which they have extracted tons and ♦nns of low grade milling gold ore; hundreds of sacks, running better than $50 are lying on the dump awaiting the com pletlon of the mill, and the dump will 1 average $15. In the prosecution of' the work on this tunnel they enooun-1 tered a heavily copper stained depos it thirty feet In width, that assay-! eri $14 in gold, silver and copror, which dipped down the hi'l toward the present shaft, later undertaken. ! As they were not developing copper ' they passed It and kept on after their gold bearing ledge. This copper stained ledge has developed the na tive copper and the oxides 250 feet further down the hill. On this pres ent condition is based the belief that deeper work is going to open a valu able fissure vein of gold, silver, cop per and galena. But what an area of free-milling gold ore lies above this sulphide zone? It is almost beyond the human imagination to contemplate. No ores of a pronounced base character have been encountered anywhere on the Consolidated estate up to the p.-isent time, the lowest point reached So, what a field, what a deposit of low grade gold ore lies above this point? It is conservatively estimated at 3,000 feet wide, 7,500 feet long and 650 feet (or better) deepi Millions of tons to be run through the great mill, hundreds of thousands of dol lars worth of bullion to be sent to the mint before shipments by rail ;ud smelter treatment will have to be re sorted to. But there are other ledges not showing any copper and their charac ter will be such as can be treated by cyaniding. these there will be developed a number. So that in an other year, Kimberly will have an output of bullion second to none in the mining world. SPHINX WINS CASK. In the suit to quiet title to the Los Gazabo claim, brought by the Round Mountain Mining company against the Round Mountain Sphinx, the court has held that the plaintiff is not entitled to the remedy sought and the defendant is given costs. The Round Mountain company will appeal the case to the higher court, accord ing to Vice President Loftus. Judge Stevens rendered a long opinio i on the case, a portion of which is given: “I can reach no other conclusion but that on the 3rd day of Marti*, 1906, the date of location of the Los Gazabo claim, the Sunnysides Nos. 1, 2 and 3, were valid existing lo ca tions and that the location of th>, Ix>s Gazabo was based upon a discover.-* of mineral within the limits of the SunnyBide claims, and was there? ».-e void. “I am satisfied that the de?endan*s would be estopped to deny the valid ity of the patent so far as the Sunny side claims are concerned, and de I fendants do not question its validity (with reference to the surfact griund within the boundaries of those claims, nor any extra lateral rights which ac crue to plaintiff by virtue of the pat ent to the Sunnyside claims. “I cannot find that any of the au thorities cited sustain the location of the so-called Los Gazabo lode, and I can reach no other conclusion than that such,location was void, and that the patent, issued by the land depart ment, could give such location no le gal vitality.” WILL MEET COMMITTEE. OYSTER HAY, June 21.—Theo dore Roosevelt today arranged for a (reception at bis editorial offices in I New York tomorrow morning when he will meet a committee represent i ing the Hamilton club of Chicago. I Mr. Roosevelt will go to Chicago (later in the summer where, as a I guest of the club, he will make what | will probably be his first speech. CLASSIFIED ADVERTISEMENTS _ | LOST—SOMEWHERE IN ELY. A gold adjustable link bracelet, en graved. Finder please return to News office and receive reward. 17-tf FOR RENT—ONE NINE-ROOM modern house furnished; 1 five room house, modern; 1 four-room house, modern; 1 three-room house, water In house, $10.00 per month. Ely Securities Co. NOTICE OF HEARING OF PETI TION FOR PRORATE OF WILL AM) FOR INSTANCE OF LET TERS OF ADMINISTRATION WITH WILL ANNEXED. In the Ninth audlcral District Court of the State of Nevada, In and for the County of White Pine. In the matter or the Estate of James J. McEvilly, deceased. NOTICE Is hereby given that Mary Burton McEvilly has filed her petition on the 3rd day of June, 1910, with the Clerk of the said Court, for the probate of the last Will of James J. McEvilly, deceased, and asks that Letters of Administra tion with the will annexed be Issued to Frank E. Commlskey; and that Tuesday the 21st day of June, 1910, at 10 o’clock a. m. of said day, and the courtroom of said Court at the courthouse at the town of Ely, Coun ty of White Pine and State of Ne vada, have been appointed the time and place for the hearing of the pe tition for probate of the last Will of James J. McEvilly deceased, and for the hearing of the application of .Mary Burton McEvilly for letters of administration with will annexed In said estate, when .and where any per son Interested may nppoar and con test the Issuance ot the same. WITNESS my Hand and seal this 3rd day of June. 1910. (Seal) F. D. OLDFIELD, Clerk of said District Court. Sam Belford, Attorney for Petitioner. First publication, June 4, 1910. I.art publication, June 19, 1910, The RICHMAR Rooms by the day, week or month. Pnrnlahed honaekeeping rooms and unfurnished data. A Srst-cLass rooming and apart ment house for family aad tran aient trade. RICHARDSON A MARKS, Props. O. L Plummer, Mgr. my, Nev. East ely business directory MRS. C. P. SEARING, Central Ely, Nev. Private Hospital. Terms upon re quest. ANTIJCR CAPE. 8. A. Glynn Proprietor Rear of Antler Bar. Pint Class Short Order Meals. ANTLER BAR. Beet Equipped Bar In Nevada, let Door South of Depot. COPPER NATIONAL BANK Capital, $50,000; Surplus, $10,000 Safety Deposit Boxes. Oor. D aad 11th. Phoae 47-y ELY LIGHT A POWER COMPANY. Electricity far Everything. Office Ely Town site Bldg. Phone Mala $$ SAMUEL W. BKLPORD Attorneys at Law. Gann *HMNn peon Bldg. Darner D aad 11th Phone 114-t ELY CITY PLUMBING OO. All Kin. of Plumbing Promptly Done. Flrst'Clana Work Guar anteed. Phone 47-k. I ELY SKCURimS COMPANY. General Offices Cor. C and 11th. Phone Main 80. i. P. JRPPK8KN, HAY, GRAIN ANL PRODUCB, Eggs and Poultry, Phone 10a-Y - Fast Kly, Nevadn W. E. McKIB, Contractor and Rnllder 12th Street and Avenue O. BAST KLY . . . NEVADt J. P. RUM BAUGH. Express and Transferring. Leave Order ut Antlers Bar. First Doer Sonth of Depot. Residence Phone lll-X. CRUMP & GOULD, Fine Stork Wines, Liquors and Cigars. Railroad Headquarters. Crump's Old Stand, F'ast Fiy. J. OL WI-KKLEK Produce, Hay and Grain Good Stork Always on Hand. Phone 57*k. BLY WATER COMPANY. Offices Kly TowneMr On. Corner Avense C and 11th Street. Phone Main 80. j^K WHEELE c. DENTIST. Expert In Porcelain Dental Art. Rooms 3 and 3. Northern Hotel, Ely J^EVIN * GRAHAM, Funeral IMrectore and Rmbalmeru Lady Attendant. Pbeby Block, Aultman Street, Pbon 1088. Building Material of Every Description STEPTOE VALLEY LUMBER AND GOAL GO. Lump Coal, per ton ’ . . . $10.00 Nut Coal, “ “ . . . . 9.50 Run of Mine “ “ .... 9.00 Coal at above prices delivered at Ely or Ely City Delivered to Lane City $2.00 per ton additional Phone Mata SB. N. N. RY. TIME TABLE. Effective August 10, 1909. j Dally Except Sunday—Leaves East ] Ely, North Bound, 7:35 a. m. Dally ; Except Sunday. Leaves Cobre, South Bound, 1:20 p. in. MINK TRAIN. Leave East Ely, a. m.— 6:40; 11:30;—p. m. 4:25. Leave Murray Street, Ely a. m. 6:50; 11:40;—p. m. 4:35. Returning, Leave Mines, a. m.— ! 7:35;—p. m., 1:25; 5:35. DAILY Bl'Bt'RBAN TRAINS. Leave East Ely for Ely, a. ni.— 12:25; 6:20; 6:40; 7:10; 8:25; 5:50; 11:30; 11:50;—p. m., 1:10; 2:20; 4:25; 4:35; 6:25; 7:30; 8:00; 9:00; 10:15. Murray Street, Ely, for Last Ely, a. m. 12:35; 6:30; 8:15, 8 35; 1". Ip. m. 12 01; 1.20; 2:10; 2:30; 4:45 6:15; 6:35; 7:40; 8:10;9:10; 10:25. SMELTER TRAINS. i Leave Murray Street, Ely, a. in.. | 6:30; 10 p. m.; 2:30; 4:45; 10:25; Leave East Ely, a. m.—6; 40; 10:10;—p. m. 2:40; 4:55; 10:35. RETI RNINtJ. LEAVE M< (.ILL. a. ra. 7:45; 10:50; -p. m., 3:45; 5:50; 11:45. UNDERTAKERS-EMBALMERS WILSON-RATES FURNITURE CO. Aaltman St.. Bljr. Phone Main 61 PntPTO* LOME NO. S4, F. A 4L ML Tho stated communication of Step* too Lodao No. >4. F. A. ML will ho hold Id Nevada Hall. Charry Crook, each Tuesday erenlnc oa or boforo tho full of the Moan, at 7:1* o'clock, p m. CHA8. F. PHALAN, W. M. JOHN WEARNE. Secretary. QOODFR1BND HOTEL SAN FRANCISCO I. GOOOFRItMD, Mtmpw F^rmwly IMek ^ f^rrl .» <! St. Beryl, JVtwrlf Street, ncer CiPnry, ailkmisfi HoRl Mam. Ink* HoM Manx Hn«, f*r Market Street I’ar*. transfer t>» fNtwell. J •-*! fenuM) Alai kxaUoci (or iutiiea v aittng 0*4 city alone. HATER, U.00 PER DAY AND UP GROAN ASHKTH Cepi vented by this otic* over • 144.000,000.00 Wa make loans, buy and sell real estate, mines and stocks. HERBICK-KERIN INVES T CO. EL. WALLACE, MI). . PHYSICIAN AND HCHOEON Office Houro—2 to 4 p. m. 7 to 8 by appointment. Office Rooms 20 A 21 Northern Hotel MECHANIC'S SHOES. We give *|ierUI attention to tv line* of Workingmen'* Shoe* aad la ve the beat. Strong a* nhoe* can be w«^t and all are "UNION MADE." NYK It MOTHERS. \ ' ' ' The man who puts an electric sign before his place of business Is not only Insur ing his own business in crease, but Is assisting In the upbuilding of his town. Every new sign means not only Inal- ( victual advancement. It j means a step forward C for the whole com- > muntty. Send for the Sign Man. | HELP YOUR TOWN By Helping Yourself