The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-05-22

the facts departed from the regularity seem
ing to be contemplated by the law. The
aver been before any court. We do not ap-
proach the consideration of the case with
The assurance that we might possess. were
We able to follow path that had heretofore
been even partially opened. The situation
is such that we do not feel prepared to pro
obliged to plough Through in virgin soil.
It will be our endeavor to apply view to
facts, which shall seem to US most consO-
nant with the true intent of the statute,
and most in accord with the adjudicated
cases in the United States supreme court,
locations have received the consideration of
that court.
Without attempting scientific discussion,
We believe we can give few practical
definitions, to indicate the sense
from the miners point OF view; IN which
Experience has shown that the precious
mineral deposits. Except what are COM
monty called placers,) as rule lie IN veins. |
Mr.. Justice Miller Iron Silver Mining Co.
vs.. Chesslnan, 116 U. S. 531l says: "What
constitutes lode or vein of mineral mat
this court no clear definition has been
given. On the circuit it has often been at
tempted" Mr.. Justice Field, in the Eureka
case, 4 Sawyer, 3O2, says: "A assure in the
earth's crust, an opening in its rocks and
strata, made by some force of nature, In
to be essential to a lode in the judgment of
biologists. But, to the practical miner, the
fissure and its walls are only of Importance
as indicating the boundaries within which
he may look for and reasonably expect to
find the ore he seeks. continuous body
well-defned boundaries on the earth's sur
face and under it would equally constitute,
in his ewes, a lode. We are of opinion,
therefore. that the term, as used in the acts
of congress, is applicable to any zone or
belt of mineralized rock, lying within boun-
boring rock,' the neighboring rock being
called in the miners language the country,
or the country rock.
A vein, to the miner, is a body of ore,
quartz, or mineral-bearing substance. lying
within the crust of the earth, bounded on
ing width, and extending in length, across
and through the country for greater and less
distances. The direction of the vein
so across and through the country
is called the strike. The direction
of the vein, as it goes downward into the
ent veins, and in the same vein sometimes,
varies from perpendicular to the earth's
surface to an angle perhaps only few de-
grees below the horizon.
The dip is spoken of from three different
points of view: l. As to the inclination
from perpendicular to horizontal; as so
many degrees from the perpendicular, or
from the horizontal. A vein is thus
described as having dip Of 20 degrees, 30
degrees, etc. .. As to the direction it
takes from the strike or apex, by the points
of the compass. If the strike were due east
and west and the vein IN It's course down.
ward departed from the perpendicular at an
angle, so that perpendicular shaft sunk al
the apex would leave the vein in the north
of such shaft, the dip, in this point of view
would be said to be due north, or. the con
ditions reversed, due south. In this respect
the dip, that is the direction OF the dip, II
said to be, and is, at right angles to tn
strike. 8. The dip is again spoken of as the
portion of the vein successfully encountered
in going down and away from the apex. Th'
miner follows the dip when he works down.
, ward, leaving the apex further from ant
the strike when he works lengthways Of tn
vein on level-that is, when he is advanc
ing along the vein, neither rising toward
the surface of the ground nor descending
but going on level with the plane of tn
earth's surface.
/ of the dip in using the word sometime
leads to confusion. As We shall use tn
term dip frequently hereinafter, for til
i sake of definition, let US call the dip froI
j the first point of view the inclination dip
3 the second, the compass dip, and the third tn
e practical dip, for this is the practical ide
a Of the miner when he speaks of followin
/ Mis- dip.
Under these definitions vein absolutel
perpendicular to the plane of the earth
! surface, an occurrence rarely If ever er
;, counter cd, has no inclination dip or com
but in actual mining, veins possess di
from all three points of view. Keepin
, these definitions in view, we believe ths
some expressions of courts and argument
of counsel become more clear. This wor
dip is not used in the act of congress, cite
above. The expression there is ''cours
downward Dip is the miners word whic
/ has attained the Specifications above d.
I fined.
r The highest point of such vein, or bod,
q as we have described, il the apex. Th
t apex may, or may not, reach the surface {
the ground.
: The United States mineral law gives
. the miner the whole of every vein the apex
4 which lies within his surface exterior bou1
|. daries, or which lies within perpendicul;
q planes drawn downward indefinitely on IL
4 lines of those boundaries. The miner ms
j its Specifications, wherever it goes, provide
he has the apex as a basis of operations, ar
that he does not CROSS the vertical planes
, the end lines. The intent of the statute
. to give the miner section or block of Il
> :, vein of u length on the strike which is equ
. to the length of the apex lying within Il
. exterior vertical bounding planes of the l
u cation and of a depth as far as he desires
= is able to work downward, and that at Il
% most remote depth attained he shall ha,
'f the same number of feet on the strike as
y had at the apex. I. s. Nj. Go. vs.. Elgin
Co., 11S U. S. 2O5. 1t seems that such gra
9. by the statute to the miner, in vie
y, of the geological facts and histo
=, - of veins and particularly the
y, ~ almost universal tendency to depart from
40 perpendicular in their course downwar
was deemed to secure to him a more sat
~ factory title, than he would obtain, if
u were compelled to locate parallelogra
OF on the surface of the earth, as under t
h. Spanish mining law. and take all, and on
OF that portion of the solid contents of t
K earth included i'll a parallelopipedon form
81 by dropping vertical planes downward
TT the line of each side of such parallelogral
n And the intent of the statutory grant
Is section 1922 is, that the miner may follt
ut his vein, on the dip, but not ON the stril
u if it departs from the parallelopipedon
n dicated.
al Therefore, if the miner locates his clai
regularly, that is as the statute confer
20 plates that he will, he has all that the sta
"a ute intends to give him. ''See cases Ia
Of cited. If he will not. or cannot make t
explorations necessary to ascertain the tr
er course of the vein, and draws his end lin
n ignorantly. he must bear the consequences
On lron s. M. Co. V. Elgin NJ. Co., lis. U.
re O7) That is, he takes less of the apex Al
ne strike than he would obtain by regular
ut cation, and consequently less of the dip.
ne But, in order for the miner to make