Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-06
IMPORTANT MINING plcISiol.

At|H or Denver IlNllHntl lthkANN
article upon recent decision Of the q.
$. supreme Count iu ease involving
points Of much importance TO miniu
men. The decision las created great
Interest among that Close of citizens
throughout the Wet, n1i 10 has bgeu
the subject OF animated aHi not nlway.
favorable comment be- local mining
circles 10 D. oven snii tnat iu o.
previous decision Of a similar question
wherein Utah properties were aiis,to5,
the Same tribunal ruled differently on
the points now Involved; a,l5scr study
Of the two cases, however, may chow
that the difference alluded 10 is upon
other and less vital issues In the cor.
tfoversy.
The yasoJu decided b. one which
Involves tho right oftho owner Oh
vein or lode 20 such part Of the same
~ may extend 90 ~ couuo downward,
beyond the sldo linrs Of the claim. We
shall quote largely from thr Denver
papers article, which Il very plain
and c1mpfchou i've IN is explanation
Uf the question.
Asis woll understood thcro has been
no disIutoas 20 tho right %, the owner
Of q claim 60 follow HE violin into tho
earth us iaraB % extend, beyond the
siue lines OF the claim whore the apex
% the vein crosses both Of tune end
lines. But there has always been "a
controversy as 10 what afo termed the
oxtra.latpal rights OF lode owner,
where the apex OF bic vein
does not cross the end lines. 10
uchia case tho moot question b., has
tho owner OF the claim auy extra.
lateral rights In his vcln2 That h, can
BIO follow aud appropriate bis vein Ia 10
downward course beyond tho side
lines " his claim; aud n ho can, 10
what oKteuR The Nous asserts that
state and q. S. courts, except the court
OF last resort, have heretofore held that
tho vein IN such a case can bn iol.
lowed; the only dispute has been how
and 90 what extent. Most Of these
rulings have been 10 the eject that the
claim.owner may draw Ia tho end
lines Of his claim to the two poin,B
whore the apex crosses the eide lines,
and that he may follow the vein Ia.
dennitely into the Garth within planes
lormrd By the new cad lines extended
downward aud indefinitely IA their
own direction. This was tho rule most
generally accepted ~ comporting with
tho intent of tue mining lawa.
But tho decision Of the Supreme
Court tuveups and nuuihilatca this
rule entirely. ttholis that tho owner
Of mining claim where tho apex Of
his vein crosses tho side lines Of
tho claim aud not rs end lines haf no
eEtra.lalornl rights whatever in his
lode. That h., he II confined 10 that
part Of his vein which IL within hi.
claim. aud he canno, follow II outside
u the linrs OF his claim at all. 80
amount OF quotation from the decision
itself or Of explanation of the case Mt
bar can modify VI affect the vital point,
above set forth. Tho ruling h com.
plete reversal Of the rules adopted by
all Judges Ia the mining states, aud
hence Is OF supreme importance u
those engaged In auy way In tac
mining Industry.
There Is another class Of locltoua
which, as tho Nsps explains, must also
be seriously affected by the decision
claims whore thu apex 0i the vein
crosses one side line au1 ono ond line.
The courts have heretofore held that
Ia suuh a case the owu er Of the vein
might follow Il beyond his side lines,
aud that TO determine what extent 0
10 no might thus follow the end liu,
which the vein diI not cross should be
moved up 20 the side line, aud No much
Of the vein na was within the claim
might be- followed within the verified
| planes formed by the stationary oud liut
and the one novel up. but the Logical
conclusion from tho decision nos
rendered. ~ that this rule must DO ge,
ycrs,d also; aud whenever case OF
Jhla kilu shall come before lh,
Supreme Court, It Will doubtless ba
IrglIoI,aa iu the rre,oat instance, thai
the owner cannot follow the vein out
side OF his slide lines, but is clnHuo d
upon hls vein wholly within the
limits OF bic claim. In other word
90 ent.tlr the claim owner 60 follow his
yoiu outside OF his claim the apex .
the vein must cross both the end line.
OF bic claim, As 20 thc idea OF movlua
up the end lines in case tho vein
CROSSES tho side lines, so that tho vein
may be- technically regarded Us cgo-s.
ing the end lines, the doeislon say
"lho court cannot become locator .r
% mining claimant anu do iur hlu
| what hu should have done Tor himsyl Oh
lhIs sentence gives "a warning which
10 yluw oi tho uulookrI.'Ur ruling, b.
highly necessary anu important the
ulo as moss laid down viii mros.
some hardship on the locator auI l
! VIII require OF him much greater care