Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-04-09

cur. Supt. Grier, of the Homestake
company, who is also general manager
of the road, noticed this fact and yester-
day sent Foreman Chas. Parsons, of the
Highland mine, to inspect the ground
Mr.. Parsons report was to the effect
that the place was unsafe and that the
lives of the men who were at work on
the ore trains were in danger. Hence
the action taken as above stated. M. A.
Deleano, superintendent of the Big Mis-
souri, company, is still in the east and
nothing further will be done until his
arrival, which is looked for soon. The
mill at Perry has been closed down for
the want of fore.-Tribune.
AN IMPORTANT MINING DECISION
The decision in full Of the U. s. su.
preme court in the Iron Silver Mining
company vs. The Mike and Starr Gold
and Silver Mining company, of Lead
Vile has at last been rendered. IL
definitely settles some disputed points
which have always been of great inter
est to miners.
The suit which was decided involved
these questions
1 The definition Of lode or vein.
2 What is known" lode or vein
within the meaning OF the act of con-
gress.
3 How proof that lode or vein was
known" may be made.
4 When the lode or vein must be
known" to except it from the operation
OF a patent for placer ground.
/ The court gives the following as the
definition of lode or vein: "a lode or
vein is a body of mineral, or mineral
bearing rock, within defined boundaries
in the general mass ofthe mountain. In
this definition the elements are the min
eral or mineral bearing rock and bounda
ries; either Of these well established,
very slight evidence may be accepted as
to the existence of the other. A body
of mineral or mineral bearing rock in
the general mass of the mountain, 80 far
as it may continue unbroken and with.
out interruption, may be regarded as a
lode, whatever the boundaries may be.
In the existence of such body, and to
the extent of it, boundaries are implied.
On the other hand, with we'll defined
boundaries, very slight evidence Of ore
within such boundaries will prove the
existence of lode. Such boundaries
constitute fssnre, and if in such fssure
ore is found, although at considerable
intervals and in small quantities, it is
called lode or vein. Under this defni-
ton mineralized mass of rock, even
though the whole country be alike and
all mineralized. as it is said to be at
Cripple Creek, is legal lode, and 10
foot discovery shaft on it is sufficient to
constitute legal discovery.
2. That it will be known" to exist,
if the placer applicant knew of it, or if
it was known to the community gener-
ally, or If it was disclosed by workings,
and was obvious TO any one making a
reasonable and fair inspection Of the
premises.
3. Ifsuch vein or lode was known
to exist, and such eau clearly be shown
to be the case, any one may enter upon
the placer premises to locate a claim
upon the vein or lode.
4. But the existence of the vein or
lode must not be matter Of doubt or of
mere belief If at any time the applica-
ton for the placer patent is made, the
existence of lode within it was mat
ter Of speculation, based upon the fact
that number Of shafts sunk elsewhere
in the district disclosed horizontal de-
posits ofa particular kind Of ore, which
it is argued may be or probably are part
of single vein of continuous extension
through all the territory such belief is
not the knowledge required by law. 1t
seems that the vein or lode must be
actually known to be there, either by
unmistakable outcroppings or workings
within the placer, or the positive tracing
Of the vein to the very lines Of the
placer, or so close to them that no doubt
remains that it extends into it.-Times.