The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-07

tof Nc placer patent at known Ia tina aosa-
inahtty generally, al &lse diauleseh by work.
lmxs a.d obvious 70 any ono making = ssas-
reg The puruoss. RI obtaining titIs from tho
government. The proof abundaully -
tablislss that within this last description
the ysin was knows vein. Tha lIwosr
tssct was = smnti ono Of ifty-sIx acres.
the tunnel ran 100 feet underneath Ito sut-
face. AZ its mouth thcre was 4 large dump
Of earth taken from IL. No ono hAd 4 tight
70 enter that ground ~ placer uiuing
ground, unisss he had made such an in
Npsction M 10 nable him 10 make Affidavit
mat " was adapted TO such mining. No
examination could have been made without
Disclosing the existence Ut this tunnel.
lhAt WAS q fact upon tho surface, obvious
70 the most cnsunl inspection. No one could
Do heard 70 say that he had examined that
ground in order to ASCERTAIN that il was
suttAbio Tor placer mining, aud In such OK
aMlnAtion had not discovered the existence
Of this tunnel. II was not a little excava-
lion, with 4 few shovelsful Of dirt at ito sn-
which nc ons could ignore, that Ii was a
long tunnei, running far into ths safth. Ii
Was In mining ground. az all this territory
was believed to be. and. therefore, an sxca-
vation likely to disclose veins. An IN APP
pllcant for . placer patent was chargsAbls
WITH notice OF the existence OF tho tunnel,
notice Of whatsver = casual inspec-
ton of that tunnel would Disclose.
He would not be heard to say, /
did not entsr and examine this tunnel, and,
therefore, knew nothing of the veins APP
parent in it. The government does not
permit = person to thus shut his eyes and
buy. II there be q vein or lode within the
ground. u in entitled to double price per
acrs for it and the adjacent fifty feet, and
with such interest in the price to be paid,
II riRhtfully holds n applicant for q
placer patent ~chargeablo with all that
would be disclosed BY q casual inspection
tunnel. The applicant must be adiudeed
to have known what others knew, and
which he would have ascsrtained ii he had
discharged fairly hia duty to the govern
ment. Surely under the testimony the Jury
was warranted il finding that this was a
Known vein.
such 9 vein bearing gold. silver oinnabar,
lead, Or other valuable deposit as that a
discover could obtain title thereto under
sections 1870 and $3.50. II is undoubtedly
true that not every crsvics in the rocks,
nor every o%utcropping on the surface.
which suggests the possibility Of mineral.
Or Which nay, "a subsequent exploration,
% Quad 20 develop orc Of great value, can
be Adludged . known vein or lode within
the meaning OF the statute, As said by
this court in the case of the United States
w. Mining Company (123 y. s., 673, G83):
IT is not enough that there may havs been
some lndlcstions BY o%utoroppings on the
surface of the existence OF lodes or veins Of
rock in place bearing gold Oh silver or other
metal to Justify their designation az
known veins or lodes. To meet that des-
iRnatlon the lodes or veins must be clearly
ascertainsd. and be Of such extent an to
render the land more valuable on that ao-
count, and justify that exploitation" And
Cheesman Gig o. S., J29, 536], this court
sustained an instruction as to what
these words: ITO determine whether q
lode or vein exists, it Is necessary
TO define those terms; and. az TO that.
1t ls enough to say that a lode or vsin ia
9 body Of mineral. or mineral bearing rock,
within deined boundaries in the general
masa OF the mountain. In this definition
the elements are the body of mineral or
mineral bearing rock and boundaries; with
either Of these things we'll established. very
sllRht evidence may be accepted as to the
existence OF the other. A body of mineral
or minoral-bearing rock in the general
mass Of tbs mountain, 80 far as It NAV
continue unbroken without interruption,
may be- regarded AZ . lode. whatever the
boundaries may be. In the existence Of
such body. and to the extent Of it, bound
aries are implied. On the other hand, with
well defined boundaries, very slight evil
dance Of ore within such boundaries will
prove the existence of q lode. Such bound
aries constitute q hasure, and if in such
hssure ore is found, although at considera-
BILE intervals And in small quantities, it ia
called a lode or vein." It cannot be said as
a matter of law in advance, how much of
gold or silver must be found in q vein be-
fore it will Justify exploitation and be
properly called a known vein. The
Judgment of the lower court WAS affirmed.