The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-26

or not the mass oil rock plaintiff claims 20
bs its lode lying between wallis quite 4 dis
tanos apart - = rule. especially as what II
termed the Cruise GROSS. cal. 10 such 40 d
minor would follow TO tbs exclusion OF any
other ~snssoundinA country rock With tho
expectation Of finding orc suoh A. silver.
whole mass Of rock, brtwecn what plaintiff
calls the hanging wall Of ~ vein and what
~ calls the foot wAll thereof. 4 minsralixsd
.ons OF bolt coming from the same sourss
!nipSesaed with ths same forms and appear
Ing g hsvs been efsated ~ ths same pso9-
= distinct formation having walls OF it,
own and oharaetsristtcs distinct from that
OF ell tho rock lying west OF what defend
snts call their foot wall and up to tho point
where plaintiff claims the foot wall Of the
eougs Of i.s vein Of that oharaotsr, or Is il
a vein BY itself.. and suoh a n - . miner
would follow 10 the exclusion Of the sur
,oundine rock with the confident sxpeots.
tiQn Of hndinQsOrs such ~ name ? When
the term ''minsFalizsL vein OF lode" 10
rock. but with ore Of sous kind. The term
"minssaiizsd" must be u.ed In tho sense
mtnsEe use that to m. and that is mineral.
lied with OF.
Another definition of q vein. lode, or
ledge is given BY Judge Hsllett. Of Colo.
mineral or mineral bearing rock within de-
fined boundariea In the general mass Of
tho mountain. Considering this definition,
can you say that what plaintiff calls its
lode OF vein 10 . body OF mineral bearing
rock within defined boundaries IN thu een-
eral mass Of the mountain? Frat, Is II
mineral bearing. Second. IL II within de-
fined boundaries. that II has u what may
20 called \ hanging and 4 foot wall Tint
separates IL from the other rock in the
mountains and gives II . characteristic dis
sinct from that? Orcan you say from the
evidence that what defendants call tho
Drum Lummon lode ia a mineral bearing
vein or lode within defined boundaries in
the general mass Of tho mountain? First IL
u mineral bearing and second 10 IL within
defined boundaries having . hanging and
q foot wall which separates IL from the
other rock In the mountain and give IL a
characteristic distinct from that other rock.
After using ths above definitions In dehn-
ing q vein or lode IN o case before him
Justice Miller. Of the supreme court, said to
q jury: II say TO you further. gentlemen.
that tho thinness or thickness Of the matter
IN partieula, places does not affect its being
occasionally found In the general course Of
this vein OF shoot in pockets deaper down
into the earth or higher up affect Its char
actor ~ = vein. lode or ledge. I say TO you
further that a total interruption OF the ore
matter II the contact remains on each side
the Limestone and porphyry are still pre-
served and the vein OF mineral matter 10
found within q short Distance further on
pursutnR the Same contact 1t Ia still q part
Of the same vein. In short II there 10 a
general psrvadinR continuance Of this min
eral matter with q casual and occasional
Interruption. but pursuing the same gen.
eEal course, bounded by the snme rocky
material above and below ~ far as you can
trace that until it breaks of totally md Ia
interrupted for . very large distance it il a
vein of rock OF mineral matter"
Taking this description. can you apply it
or does u apply to what defendants cali
their vein? You will see that thickness or
thinnsss does not affect its being q vein.
Judge Sawyer, the former judge OF this cir
cult, defines . vein thus: A vein or lode
authorized to DO located is . seam or fssure
IN ths sarsh's e1us. hlled With quartz OF
with other rock In place carrying gold. sill
yer or other valuable mineral deposits
named In the statute. 1t may be very him
and 1t may be many feet thick. or thin In
places. almost quite pinohed out In miners
phrase. and in other places widening out
extensive bodies of ore. So also in
and at other places immensely rich" And
In speaking Of the right to locate a minsrA
bearing vein under the statute he said: ut
10 only necessary to discover q genuine
mineral vein or lode, whether small or
large, rich or poor. ~ the point Of discov-
cry within the lines OF tho claim located to
entitls the miner to nuke q valid location
including tho vein or lode"
You will see in the definition above that
there must DO q assure in the earth's crust
OF some kind. This must be filled with
some kind Of rock in place carrying gold
or silver. or some other valuable mineral
deposit.
Now, turning to the evidence In this case, |
10 what plaintiff claims as its lode or vein
q assure filled with rock in places carry
ing gold and silver or gold or silver? Or is
only that portion OF what plaintiff calls its
vein. which defendants denominate their
the evidence carrying such metals? The
veins which can be claimed a. such and
described In the laws OF congress and in
tho patents to the purchasers of mineral
land are mineral bearing veins, n as l
have said. the mineral In them must be
gold. silver. cinnibar or the other metals
mentioned In the act of congross. But
every vein which has such mineral In It
cannot be denominatsd q mineral bearing |
vein under the mineral act of congress. A
mine must not be found. but the
land in which the vein Is found must be
made valuable thereby. A mere trace of
one Of the metals named would not render
the land valuable for that reason. nor
would such q vein b. olassed a. q valuable
deposit. There 10 no evidence |
would show that the vein claimed by
By plaintiff 10 such . vein as would render
the land moro valuable on that ac- |
count and justify exploitation unless that
part of the claim claimed by defendants
~ their claim 10 q part Of the same or the
vein At what ia termed the apex shaft or
IL In the same vein.
The walls OF a mineral bearing vein or
are those rocky boundaries which in |
IL and separate IL from tho surround !
country rock. II 10 evident there may |
be- walls or separating lines in the earth's !
crust which do not enclose a mineral bear
ing vein. You have heard in this case of
slips, 90 called, In the earth's crust which
have walls. l think there 10 enough EVIL
dsncs in his case to show that mineral
veins have characteristics which
distinguish them from the rocky forma-
lions around them which are d~enominated
ehs country rock. You have heard that
10 a characto' istio of vein matter. |
che view maintained that 1t 10 not neces.
when this changed n altered rock ends
and the UNCHANGED country rock begins
these are the wallis of q vein. These walls
has bsen moved within tho walls. or the
10 evidence thereof. veins show a
sre In places corrugated. that is they ap-
pesr w~rinklsd. or they sre striated. that is
in places and smooth III others.
Tn 49, &. nxsdopCA howavnr Tint Tho uouoo |