The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-14
THE DECISION IN FULL.
Uniied States Supreme Courts Rul-
ing In the Amy Silver
smith Case.
A Copy of IL Received In Helena
by His Honor Judge
Knowles
Court Of the state Of Montana on
nig Question.


the case Ia Silas +. Kinc. appellant AM
plaintiff in erro'. versus the Amy ami "a.
versmith Consolidated Mining company
Tho opinion was delivered for the eoart b.
Associate Justice Field. There has beer
considerable anxiety all through the stat
20 get the full text Of the supreme court de-
cision, az 10 overturned the ruling OF th'
supreme court OF this state. IL IL there
fore given in full, with the exception OF th'
accompany ing diagram. aud without COM
menL AZ soon a. the members Of the Mon
tana supreme court have an OPT ortunity &
compare their decision with that of Oh,
United States supsems court an Sxplana'
tion Of the difs enee will be given. The
decision OF the supreme court of the United
States is az follows;
The plaintiff and the defendant are own
srs. az tenants IN common. Of certain min
ing property in Silver Bow county. state OF
Montans, known as the Non-Consolidatsd
lode mining claim. Tbs plaintiff owns
thrse-fourths Of the claims and the defen-
dant ons-fourth. The defendant IL. be-
sides, the sole owner Of the mining claim
situated in the same county and state
known ss the Amy lode mining claim. Both
claims are located and patented under the
In sections 1920 and 2322 of the revised
statutes. The Amy claim was hrst located
aud has she earliest patent. The ANY
claim has surface length Of ], 40 feet and
its side lines are parallel The end lines
are each 49l feet and they are also parallel.
The surface location forms a parallslogrsm
of ], 47O feet RAINING easterly and westerly
and 49l feet running northsTlV and south
erly. The Non Consolidated claim ad-
Joining the northwest co'ner OF the Amy
claim. Its surface share isthat OF triangle,
the longest side Of which Joins the northerly
aide of the Amy claim. and. commencing
seventeen feet from the northwest corner
of the latter, extends easterly All feet in
length. lie northsrly side line
commencing ION the northerly line of the
Amy az the point where the frat line ter
inmates, rams In . nofthWesterly direction
372 feet to the point where il meets the
westerly line Of the lode, and extends south
westerly from this point Isl feet 20 the
place Of beginning.
The vein OF the Amy claim. on its course
or strike, passes through its noftherly side
line. ne marked on the diagram into the
Non-eonsolidatsd grOund it's apex CROSSES
that line lo4 feet easteTly from ths west
side line of that claim. and does not again
enter the Amy claim. The apex OF the vein
enters the south side OF the Amy claim at a
point within 600 feet westerly from the
southeast corner of the ANY, and she dip OF
the vein 10 10 the north.
We have in this description OF the claims
In controversy followed In a large degree
that given In ths brief OF the dsfendanps
counsel. for the aubiset does not admit OF
greater cleATness Of statsmenL
The plaintiff has brought this action for
peftiiioa OF the Non Consolidated claim
with the defendant according TO the re-
spsctive rights OF the parties. II that be pos
siolei ,but II she property eanaot be TINS
psrtitioned advAntageously, then for a sale
OF the premises and division Of the pro-
oeeds among the owners. in conformity
with such rights.
As stated above. the vein OF the Amy, Of
which the apex lies within the surface lines
OF the claim, In its course passss through
the northerly side line. aud entorB the Non |
Cons0lidated claim; and 10 is alleged that
the vein has been there worked By the Own /
ers OF that claim and valuable ore taken /
therefIom. The plaintiff, therefore. pFaTs, [
IN addition 20 a partition Of sale Of the I
hOn-Consolicated claim, for an account /
Ing Tor MS share. as tenant IN common OF /
an undivided three-fouFths Of that claim. Of /
the ores taken from the underground work
inRs OF the vein Of the Amy after il had /
passed into the claim, II any there were.
Tue defendant admits bis co-tennncy IN
the the Non Consolidated claim with the
plaintiff, hos denies she taking Of any ore
from the vein OF the Amy after il had
passed into its ground.
The hfst question for determination is
WHISTLER the Amy retained any right to the
vein' she apex OF which was Within It's sur
face lines. after IL had passed through its
northerly side line. or rather through the
vertical plane running down that liue. IL
the Amy retained its night 20 that vein after
10 had entered the Rfound Of tbs Non-Con-
solidated claim, Il belonged to the defend
ant as sole owner Of the Amy. and "a such
owner be could not BE- called on 10 account
90 the plaintiff for sny potion Of the ores
taken from IL. H. on the other hand. TIE
Amy DID not retain its right to that ro--
uon OF the vein after 10 had psssed into tue
Non Consolidated claim. 10 bscame part
OF mat claim, and the proceeds OF the ore
the taken from ia would, VITA other pro.
ceeds Of the Mont Consolidated claim. be the
subject OF On acoo uniting b~tweon the plain
Tin aud the defendant. The owners. a. ten
ants In common Of that claim. The ansuer
20 the question must be found Ia the con-
atruettoa given 10 section &i22 of the re-
vised statutes which took ehsct December
!, 1873. hat section 10 a. follows.
The iocators Of all mining locations
hefetotofs made, o. which shall hereafter
be naoe' on any mine al vein, lode or ledge
sitosted on the public DOMAIN. their heirs
and assigns, whege no adverse claim exists on
the lOth day Of May. 1872. 20 long a. th.v
comply with the laws OF the United btatea
anu with state. territorial ami local feguls
lions not Ia oonhiol With tie laws Of the
United states. governing their Commence I
title shall have the crclusiv. rt5ht III -
session end enjoyment Of al the surfaces
inelndsd within the lines Of their locntiors
and OF all veins, lodes aud lodges tbroughont
thsif entire depth, the top o apex Of Which
lies inside on seuh surface lines extended
ooNnWard vertically, although such
veins. lodes or lodges may 80 far
uepaTt from perpeudicular IA their
coarse downward as 60 ertsnd out-
sids the vertical side lines Of ouch su.-
face locations. But their riQht Of rossea-
sion TO such outside arts OF such veins or
lodges shall be confined 10 such roftiops
theTeof ~ lie between vertical planes drawn
downward as above described. through ths
end lines OF their locations 90 eoRunued
~ their own direction that such planes vii
lntsi sect such exterior parts Of such veins
or Lodges"
1 be preceding section 2i20 prsscfibes the
extent 10 when mining claims upon veins
o. ioues OF quartz, or other rock ia place.
DsAfihR golo, silver, or other vaiuable de-
IOsits on lands OF the United States mas
be taken up after May TO- ls72 Itslio,.s
= claims 20 be located 20 tne extent OF 5pO
ieet along the VEN or lode, but provide,
that no location shall be made until tbe
ciscoNery OF the vein or lode within the
limits OF the claim located. which Is. IN 81.
iect' declaration that locations RESTING
Simply uIon coulsctul al o. Imaginary e1.
istenoe OF a vein Or lode within their limits
shat not DO permitted. A location can
only rett upon an actual discover Of the
vein o. lcdo.
] be section also declares that 70 claim
shall extend more than 30 feet On earf'
.iae OF the middle OF the vein ~ thstur-
ihes. nor shat any claim he lim.teI ~ arv
.nln ina reeaI.tion 30 less thaa twcnty-avs