The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-08-08
PATENTED QUARTZ LODES.
THE LOCATION NOT LIMITED TO A
PARALLELoGRAM.
An Important Ruling by Secretary Teller

An Important Ruling by Secretary Teller.
WASHINGTON, July 31.-The survey of lode
claim need not be in the form Of parallelo-
gram, as has been held by the Commissions r
of the General Land Office for the past few
years, but may be of any shape or form 50 as
to embrace therein the lode, and not to ex-
coed the width of the surface ground allowed
by law.
The Secretary of the Interior has just re-
versed decision Of the Commissioner of the
General Land Office involving the above
point. The following is the full text of
THE DECISION.
WASHINGTON, July 22.-To the Commits
sioneT IF the General Land Ohce-Sir: have
considered the claim Of the Breeze Company
upon the Philadelphia lode, Leadville, Colo
RADIO, on appeal by claimants from your de-
cision requiring An amended survey of the
location. The plat of survey on file shows
location running westerly 875 feet, measured
along the line marked "centre of vein;"
thence southeasterly, at a right angle with
its former course, 450 feet; thence northeast
erly, parallel with its original course, 175 feet
1t is thus 800 feet in length, measured along
said "centre Of vein," and is 800 feet or less
between the side lines. The location appears
to be surrounded by other locations on all
sides, its western end line being part of the
east line of lot 4S7, and its eastern end line
lying within the limits of lot 474 and parallel
with the former. A few feet south of the
centre vein of the location and its western
extremity, is the discovery shaft, and sec
ond shaft appears some 600 feet to the east
ward, being few feet north Of said centre
line. There appears to have been no discov-
cry of mineral elsewhere in the location.
Affidavits set forth that the underlying
mineral is found as a comparatively local de-
posit, irregular in form, in no wise assure
vein, and not capable of being traced by its
outcroppings.
Your decision holds that, "as the peculiar
conditions do not exist, that to make such a
location satisfy the intent of the mining act,
1t will be necessary to amend the survey so
as to conform to all the requirements of the
statute (sec. 1920 r. s., as construed by this
[yourl office, to-wIt: A lode claim must be
to all intents and purposes essentially
Such construction should
be founded on the reason of the things, or on
the clear intent of the statute. As to the
former, fail to perceive any reasouableness
in the requirements of a parallelogramic
form. If fissure vein deviates laterally at
an angle it is reasonable las the prim airy pur-
pose of the statute is to grant the mineral)
that the location should deviate with it. If
the mineral is not deposited in a assure, but
In irregularly-shaped masses, as in this in
stance, then, as it can in no wise affect the
interests either Of the United States or adj
joining locators whether an L-shaped lot be
covered by one or two locations, it is unrea-
sonable to hold that it shall not be embraced
by one location.
Turning to the statute referred to, it reads,
that "a mining claim located after the 10th |
day Of May, 1872, may equal, but shall not
exceed, 1900 feet in length along the vein or
ode;;" and that ono claim shall extend more |
han 300 feet on each side of the middle of |
The vein at the surface" 1t is apparent that |
The purpose Of these provisions is to limit the |
dimensions of the location, and not to pre- |
scribe its shape. 1t is to be not more than |
100 feet long, and not more than 600 feet !
wide. The point of measurement selected Is |
he "vein," and If the measurements be made |
along and from the middle of a vein which |
departs latsrally from its course at a right |
angle, it is obvious that the statute is salts
led. Precisely the same quantity of land |
md of lode is appropriated by an L.shaped |
Is by an I-shaped location, where the length |
md width are determined from the middle |
If the vein. "Thsre is ne language in the |
vet, says the court in Wolfey vs.. Lebanon |
Mining Co., a Col, 1922 that requires the |
diagram to be in the form of a parallelogram |
,r in any other particular form" will go |
urther, and say that the language of the |
statute precludes the conclusion that it con- |
;emplated a parallelogramic location. The |
requirement Of such shape might be infer
ed, if the language had been, "no claim |
hall exceed 1900 feet in length by GOO in
Width" but the Introduction Of the provi-
ions requiring a measurement of length /
along the veIn," and of width from "the |
middle Of the vein," plainly points to q rea,
on for the selection of the central line of the /
ocatlon instead of the side line, and that
eason must have been the possible tortuous
course Of the vein. There could be no prac-
ical purpose in selecting the middle of the /
rein as the place of measurement, except to
provide for an appropriation of the same
quantity of surface by DETECTING as by
straight location. Since the statute author
yes an "L"shaped or other irregularly-
haped location in the case of fissure vein,
t must authorize it in the case of horizon
al deposit, such as is found in this case, if |
he reason of the thing does not forbid. That |
uch deposit is within the meaning of the
descriptive term, "vein or lode," in the stat
lite, is settled, Stevens VS.. Williams, M. c.,
80, and have said above that there are
40 practical considerations opposing it.
Therefore, / see no reason for Directing to
he location in the case before me, and re-
,erse your decision.
r. TrrrFp Sacratarv