Arizona citizen., 1877-09-08
Important Mining Decision.

Important Mining Decision.
 The opinion rendered lately by Jus tice Field, Tn the grea; mining case 1T Nevada, of the Eureka vs the Rich mond Mining company, is matter of Tn terest to all mining communities. The Eureka and Richmond were adjoining locations on Ruby Hill, near the town of Eureka. Nevada The Richmond claimed the right to follow the oTC body which found its apex in the Rich mond ground, to any depth. This orc body a. a certain depth crossed the enc line, between the Eureka and Rich mond locations, and thiiher, and upor Eureka ground, the Richmond owner: followed, and were taking out ore Hence, suit for ejectment was brough by the Eureka. Both mines had Unit ed States patent. IL was held by the Richmond, in defense, that the mining law of 1866, (under which it was loca ted and pateuted) recognizes the righ of the locator to follow his vein outside of any end lines drawn vertically dowI when it permits him 10 obtain pat eut giauting him the right to fol low such vein or lode, with its dips angles and variations, to any depth although 1t may enter the land adjoin ing, which land adjoining shall be sold subject To this condition
 And Justice Field decides
 The act of 1866 in no respect enlargeS the right of the claimant beyond that which the rules of the mining district gave him. The patent which the act allows hIm tO obtain does not author ize hIm to go outside of the end lines of his claim, drawn down vertically through the ledge or lode. IL only au- thorIzes him to follow his vein, with its dips, angles and variations, To any depth, although il may enter land ad- jOIning; that l., land lying beyond the Tea included within his surface lines. IL is land lying on the side of the claim, not on the ends ot i.. which may be en. tered The land on the ends is reserv- ei for other claimants tO explore.
 The act of 1872 preserves 10 the min- CT the rights acquired under the act oi 1866, and conlers upon him additional rights Under the act Oi lS66 he could oniy hold one lode, or vein, although more than one appeared within the lines of his surface location. The sur face ground was allowed him for the convenient working of the lode or vein located, and for no other purpose. IL conferred no right 10 any other lode or vein. But the act of lo72 alters the law in this respect It grants to hlm the exclusive right of possession tO a quan- uty of surface ground, not exceeding a specified amount, and not Only the par ticular lode or vein located, but all oth- CT veins, lodes and ledges, the top or apex of which lies within the lines of hls location, with the right to fol. Ow such veins, lodes or lodges to any depth. But these additional righis are granted subject 10 the limitation that in follow ing the veins, ludes or ledgcS the mIn- CT shall be confined to such portions thereof as lie between vertical planes drawn downward through the end lines of his locations. The act Iu terms an- neXes these conditions to the possession not only of claims subsequently loca- ted, but to the possession of those pre- viously located This fact, taken in connection with the reservation of all rights acquired under the act of 1866, indicates that, in the opinion of the legislature, no change was made in the rights of previous locators by contin- ing their claims within the end lines. The act simply recognized a pre- e.exist- ing rule, applied by miners to a jingle vein or lode of the locator, and made it applicable to all veins or lodes found within the surface lines.
 Our opinion. therefore, Is that both the defendant and the plaintiff, by vir- tue of their respective patents, whether issued upon locations under he acl of 1866, or under he act of 1872, could only follow the veins OF lodeS lying within lines drawn vertically down. wald at the end of their respective To- cations, and that each took the ores found in all veins or lodeS. the apex or top of which lay within those lines.