The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-09
It ENDS At THE LINES.
An Important Decision by the Su-
preme Court Of the United
States.
Il Rsverses the Rule Laid DOVE
by tho Montana Supreme
Court
The Amy siivsrsmith Case and its heAr-
tng on the Limits OF Lode Mining
Claims.

The decision Of the United States su-
prsme court this week In the sut OF the
Non Consolidated against the ANY ana
Silversmith Consolidated company, - re-
qardsd a. one OF the utmost importance 10
miners silas 4. King was ths owner OF
thres-fourths Of ths Nom Consolidated. q
small claim adjoining ths amy and Silver
smith on the north. The latter owned tAs
other fourth In the Non Consolidated and
all ,hs AmT Ieds King brought suit in
Silver Bow county eouTt In 1856 for .
partition and accounting Of all ths ores
taken out OF the Non. Consolidated north
of the Amy aide Inca The Amy people
held that thsy had the right 20 fellow the
vein until IL Was entirely within the Rrsund
Of the Non. Consolidated aud that every
thinc belonged 60 them east OF line
drawn parallel with the west cad line AID
a. the west sdss Of the vein a. 10 crosses
the side line. The case was tried In 1855
before Judse Dswolfs. Who SET aside the
claims Of beth sides and decided that the
Iins Of division and partition should be
drawn from southwest 70 northeast a. right
angles With the vein. An appsal vas taken
20 she then tsrritsrial supreme eourt and
there argued. As the state was about 10 be
admitted 70 ths union. 10 was decided 10
have the case mksn before the stats su-
prsms court where 10 was again argued and
resulted In a decision for ths Amy company.
supporting the claim that the parallel lihe
should be the dividing point
The syllabus Of the decision OF the su-
ureme court, as found in the Montana re-
ports states the eass as follswsi See.
2 S22, revised statutes Of the UAited States,
proVides in subatanos that the looators OF
all mining locations shall have the exelu-
siVe right Of possession and enjoyment OF
all veina lodea and Lodges throughout the
entire depth, the apex OF which lies within
the vertical planes Of the lines Of she sar-
face location. although sueh veins aad their
iaolination on their coarse downward. oIoss
the vertical plane Of side linsi provided.
that such exterior parts lie within the pro-
iected planes Of the end linsa Held. that
WHARF . Vein crosses the side lins OF To-
oation the strike is terminated BY the plane
of such aide line, and the rigat 70 follew
the vein on its dip IL detsrminsd ey YER
tieal plane parallel 10 the end llnes drawn
downward, and which takes eject a. the
point where the apsx interssets the side"
Since that time this decision has gov
erned In ali mining sontTovsTaiea In she
state courts Of Montana. king carried the
cass M the supreme court OF the United
Monday last The decision Of the United
States supreme eourt revsrsea all previeus
procsediRgs both in she district court Of
Silver Bow and the state suprsms court.
and makes the side lihs OF . claim the sad
lne where the vein strikes across ths claim.
and says 10 oannSt be followed beyond the
vertical side lines. There is smother ques-
ton involvsd-as TO what becomes OF the
real end lines. Hnd whether the dsolsion
makes the end lines the aide lines In such
cases. These thinRs will not be knswn
until the full text Of the decision IL re-
csived. Mining men say 10 will create
trouble for many big mining orpofstisns
who are working their properties In accord
snce with the old law ana In conflict with
the new decision. Come believe that Il will
prevent miners from following the dip OF a
vein beyond the side lines under any eohdi-
lions, but this does not seem TO be war
Tantsd by what little IL known OF the de-
cision.