Thompson v. Wise Boy Mining & Milling Co.

Citations

• 9 Idaho 363
• 74 P. 958
• 1903 Ida. LEXIS 39

Syllabus

<p>What Constitutes a Mine — Miner’s Lien — 'Work in Quartz-mill— Attorney’s Pees.</p> <p>1. Where the evidence shows that four quartz mining claims were used, worked and operated together under the name of the “Wise Boy mine,” and the court found, as a fact in the case, that the four mining claims constituted the “Wise Boy mine,’ ’ and that such claims were “run, operated, and mined, and worked as a mine,” held, that such finding is sustained by the evidence, and will not be disturbed on appeal. Poliowing Phillips v. Salmon River Mining and Development Go. (Idaho), 72 Pac. 886,</p> <p>2. Where a person performs labor in a quartz-mill located upon and belonging to a mine under employment by the owners, and such labor consists in working “as an amalgamator, attending to putting silver into batteries, dressing plates, keeping the machinery in running order, looking after the concentrates, and adjusting them and putting them in shape to run, cleaning amalgam, looking after the rock-breaker, and generally looking after the entire machinery,” he is entitled to a lien on the mine for such labor under the lien law's of this state.</p> <p>3. Where the ore extracted from the mine is milled upon the mine and in a mill belonging to the mine, the labor thereon comes within the intent and meaning of the lien laws, and a lien therefor is properly allowed.</p> <p>4. That portion of section 12 of lien laws of 1899 which provides that “The court shall also allow as a part of the costs the moneys paid for filing and recording the claim and reasonable attorney’s fees,” is not class legislation and is not in violation of section 18 of article 1 of the constitution,</p> <p>5. Where such provision for allowance of attorneys’ fees does not single out particular ■ debtors, but is made to apply alike to all debtors, it is not open to the objection that it does not afford equal justice to all.</p> <p>(Syllabus by the court.)</p>