Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-08-28

IA MIAMI
OF the United States for land, wbetb.s
agricultural or mineral, Is sometbi"H
upon which its holder can relv ~
peace and security In his possess;or.
In It's potency it is ironclad against y,
mere speculative differences. In, m.
second place, the provision of n.
statute of 1872, requiring the linssa,
each claim TO be parallel TO each oth.,
is merely directory, and no conss
Quence IL attached to a deviation FRI
IT'S direction. The essential point w.a
to secure parallel end lines drawn w..
ticslly down, and that was done H.
taking the extreme points Of tbe ~
pective locations on the length Of M.
lode. In the third place, the defect o.'
jected to does moi affect the Defends,
and no M but the Government h.
the right to complain.
The defendant, the Richmond Mn.
ing Company. also holds several NJ
tents issued to it upon dafferent To-
tons; but In this case II specially :,
lies upon the patents OF tbs Richmons
and Tiptop claims. These. paIsm.
were issued upon locations mads
1869, which In earlier han any ofthsL l.
cations upon which the patepts In n.
plaintiff were issued, ut least so 6a..s
we are informed. Upon this fact. ana
claiming from u that the patents sn,sA
da,e IN their operation, By reIa,icn
back to their respective locations m.
patents under which the PLAINTIFF
claims. and the further fact thai m.
patents were issued upon Locations
made In 1876. the defendant relic. ~
defeat the ~pretsDsions of the plaintiff.
II contends that inasmuch a. the crop.
pings OF the vein 1t works srs within
the surface Of It's patented locations. il
can follow the vein wherever IL ads.
though IL lie outside Of the end lines az
the locations when vertically drawn
down the lode. Its position il thai wben.
ever under the Law of 1866, a location
was made on q lode or vein. rio M
vas acquired to follow the vein wber.
eve 1t might lead, without regard To
the end lines If the location. This no.
sition is urged with great persistencs
ty one ri the counsel of the defendant.
and with the ability which character.
iz.s all his discussions.
The second section OF the Act of
1866. upon tho provisions Of which
this position IN based, provides, That
whenever any person. or association
of persons, claims n vein or lode OF
quartz. or other rock in place. bearing
gold, silver. cinnabaY, or copper, hay-
ing previously occupied and iinprov-
ed the same according To local customs
or rules Of miners in the district where
the same j. situated, aud having ex-
pended, in actual labor and improve.
ments thereon. an amount of not less
than 81 900. and in regard TO whose
possession there Is no controversy, or
opposing claim. it shall and may bs
lawful for said claimant or association
of claimants. to file In the local land
Office a diagram of the same. W err
tended. lateraliy oil otherwise. As to
conform tn the local laws. customs and
rules OF miners, and TO enter such tract
and receive a patent therefore. grant.
ing ruch mine, together with the right
u follow such vein or lode, with its
dips, angles and variations. to any
depth although 1t may enter the land
adjoining. which land adjoining shall
be sold subject to this condition."
1t will be seen by this section that
To entiile q party TO a patent. his claim
must have been occupied and improv-
ed according to the local customs OF
rules OF miners OF the district. and that
his diagram Of the same filed In the
land Office in its extension laterally or
other wise, must be In conformity with
them.
The rulesof the miners In the Eure-
ka Mining district, adopted in 1876
laws of the district. ~ they are termed
by the miners-providsd hat claims
of mining ground should be made by
posting a written notice on ths claim
ants ledge. defining its boundaries IL
possible: that each claim should con-
sist Of 200 feet on the ledge, but claim
ants might consolidate their claims BY
locating in a common name, so thai in
the aggregate no more ground "a
claimed than 200 feet for each name.
and that each locator should be en-
titled to all dips. srurs and angles con
Meeting with his ledge; and that a
record IF all claims should he made
within ri days from the date Of loca
ton. The rules also allowed claim
ants to hold 100 feet each side Of their
ledge for mining and building pur-
poses. bat declared that they should
not be entitled to any other ledge with
in this surface.
II will be perceived by these rules
that they had reference entirely to 10.
cations Of claims IN lodges. 1t would
seem that the miners Of the district
then supposed that the mineral in the
district vas only found In veins or
Lodges, aud not in isolated deposits. In
February, 1869, new rules were added
to those previously passed, authorizing
the location Of such deposits. These
new rules provided that each deposit
claim should consist of one hundred
feet square, and that the location
should take all the mineral within the
ground to any depth.
In September, 1869, under these
rules square locations and linear l0ca-
tioDs . made by parties through
whom The defendant derives title on
what is called the Richmond ledge,
and linear locations were made ON
what is called the Tip Top ledge with
surface locations for mining purposes
both parties claiming with their loca.
tons all dips, spurs and angles. 1t Is
only of the linear locations we have
occasion To speak; IL IN under them
that the defendant asserts title to The
premises in controversy.
Now, as neither tho rules Of miner.
In Eureka Mining District, not the se'
OF 1865, in terms, speak Of end lines n
locations made On lodges, nor In terms
impose any limitations upon miners
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