Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1894-05-26
"a w oF ApgN

Wv hIN-h 'hfTfW l'ar@'r l1'Nhgh eNnti ~
both the eud lines of rad Iucaiiun
That failing Ia pass ,hrough unc or
both - the end lines. the right ,n the
VEN and ppca In only limii-l to thc ARA
between the I'niuts II departure fron the
side lines, provided IA. loca,inn IL madr
substantially along the cuurr" II the vein
~ strike But now the supr-tn. ruur,
II the Cnit-,i States has tak,r urw dc-
par,ur Iy itr late drcisluu ~ ,h" Amy
W. Sllvcrsmith ease, II has overthrow u
all former rulings II the lower courts
aud ul~cis all practice that has hereto.
f"rr prevailed IN mining Jurisprudence
This ulTu the ground that n. the supreme
court. cannot ut'Iiut- itself o l,ratur
~ cutr"'tut 1T l-Atun boundaries that
the l"catpi ut u VEIN should l." presumed
I" know positively the exact line 1T strike
~ his vein. So ~ in take his surface area
jus, 80 many Fee, on each side II that
vein. ~ at least, that hin vein. nr the
sI-H thereof. shall positively drpAr,
frpm both end lines Il his location. The
languag" If the supreme court IL ~ fol.
lows. Mistakes IN drawing the lines II
luratlun can only Ice Avu,d'sl by I-,si
l"niug ia. marking IT the boundaries tiil
ruihc"nt explorations arr made a. Aacrr.
tain ~ near As Is~sihl- the course Hrol
direction IT the vein A" The court quotes
from the Iron SILVER ~ Elgn Minlng
Go Ease, llN |. =, l0h ~, wh,rr thus
proposition was ruunr,a,ei III ~" 81;
l,s'Atur will not ur car lake ia" ga
pluratiun nee, AIRY tn ascertain the true
con" II the vein, aud draws hiS line
ign",Nnti!. h" mus, bear the cuur-qurn.
ccr.' Bui what Consequences the p"ur
ign"rAnt lrcatur naturally asks. surely
not I" III" extent 1T brlug deprived uf all
aI"N AMI lstr rights. ami condemned ,u
Ssmpi" placer h"ldDng mAhr t. Loose all
righ,r ~ tirrt dls"nvrrrr
II was never INTENDED by the Iron Sil.
yer Elgin opinion tn du anything hut
LIMIT the l"catns' rights On the strike To-
| compel him ar consequence tn submit
To- n drawing ~ ur Modification 1T his sur
face area Would not this, ia rrasnn aud
Justice. hr su'hci-nt sacrihc" ur cunsc.
,Iu"nrr Ia make. or suffer for hls ignnr-
anc- tau rNcuSah,r ru'') A. to the true III.
r"cilun of hi- vein or his inability a. ,ir.
vrl"p sufficiently tu ascertain ~ The
energetic pruspect"r, after weary toll,
| discovers projecting l"iRr of mineral.
AN "utrrupring IL n mineral vein. lie
proceeds to locate IL as n lode claim NJ
ia" only paint where the lrig- comes to
the surface All other portions ar. oh.
srurrd and may descend to unknown
depths. The ground may be covered
with snow. The development To- ssccr-
tain" its true course may he entirely he.
yond the power of III. imI-cunious prs.
prctor II. makes his location to tn.
hes, of his ability and records n lode
claim The fac, b-"umrs known; others
il"ck in aud MAX. locations. taking al.
vantag. at aud poti,ing 10y his dlHcov.
cry. He prT",~ls To develop his claim
Years roll "n. l, proves that he has Ia.
catrl practically along the strike of the
vrln. lie has followed the dip substan.
italy nj right angles Ia the course Tor
strik.)of the vein through the country. He
has extracted large balicS of ore beyond
his sids lines.
Thus far all has gone well The law II
congress" recognizes his right 10 follow his
vein in all hS dips. spurs and angles On
Eta downward course. even il IL taken him
beyond the vertical sid- line 81 n suLSe.
qncnt locator. He has the apex. and the
law gives him the right To all veins the
tops or al'-I-s 81 which arr within his
side lines But now ia. conditions
change Work in another direction pur.
su'-i Ia within n few feet. ar even a few
inches Of the end If his line, suddenly
disclos.s n deviation or curve in his apex
line I'm the strike, such as ARE frequently
caused by internal commissions. or NOR.
oflen by ernsions of the entire surface.
The apex ~ the vein passes Gu, 81 the
side line. Presto b. il deprived 81 all
his apex and lui. rights, lie IL. for no
prrventable error or iault II his own,
shorn ~ his hari.earncd poss.ssions;
contined ~ On = placer location; mulcted
IN damages for the amount II ore ex.
trac,ed previously in another part Of the
mine. The subsequent locator profits
by his misfortune. gets pay Tor the ore.
and has vein exposed for him. that he
knew not " nor used any labor or money
to discover. The unfortunate pr,rJ'ector
has all this Ia suffer by reason IL an ar-
bitrary dictum Of the highest tribunal II
the land, A decision that at one fell
swoop practically eXtinguiah.s aud rem
derS nugainry all laws u congress es,Rb-
fishing apex and lode rights. and rele-
gates the lode locator 10 the condition IL
mere placer locator. This fer the sim
Pile reason that he cannot look into ,he
ground and calculate Ia the sixteenth part
at AN inch. perhaps, all the devious curves
AMI angles ~ n seam ar fssure of the
earih's crust. AS though nature, through
her nub'errsnean forces, had set rules IN
s"Aming. cracking and epsiing the
ground, that were a. easily disceruibie
that the common mind could he governed
by them in the max ing II legal locations