The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-14

visions Of this section would take she To 7
OF a parallsloEram. II the course or atrik
Of the vein or lode should run in a 90 aich
line; but such veins aud loJes a'e oftei
found upon explorations 60 ruu in coaia
deyinting 90 different points from sue
lane. Aud from this circumstance mucl
difficulty often arises IA determining %
late al rights of the locators.
Section 232i Of the revised statutes re
cognlz8s the power Of miuers IN each min
I ing district 60 make regulations not in con
dict with tae laws of the United states. Of
OF the avs OF the stats or territory "a
/ which the district a. situated. govefnini
the location, manner OF lucnting. ans
amount OF work necessary 90 bold iosses
sion OF a mining claim. subject 60 the r..
quiroment that the location mast be dis
I tinctly marked on the ground 80 that ~
I boundaries may be readily tfaced.
1 IL 10 evident from the provision cited
/ that the location ~ made AMI denuei mus
control not only the rights OF the claimant
Z so the v IN or lode within its surface lines.
but also any lateral rights.
Section 2322, cited above. declares that
the locators or all mining locations shall
have the exclusive right Of possession and
enjoyment OF all She surface included
wiIhin the lines OF their location; and also
she exclusive right OF possession and en-
ioyment Of all veins. lodss, and lodges
Throughout Their entire dolth, the top OF
apex Of which lies inside Of such surfaces
lines extended downward vertically. al
though such veins. loies. or lodges may so
far depart from a pofp endicular IN their
course downward as to extend outside the
vertical side lines OF said surface location.
The surfacs side lines. extended downward
vertically. Therefore determine the extent
OF the claim, except when IN its descent the
vein passes outside OF them, and the out
side DO tions are 20 lie between vertical
planes drawn downward through the end
lines.
The difficulty in the present case arises
from the cou SO of the vein o. lode upon
which the Amy location was made. IL ssvi-
dent that what are cnllel eide ines of the 10
cation, asshown In the diagram. are not such
in fact but are END lines. Side lines, prop
erly drawn. would Iuu GA each side OF the
course OF she vein or lode distant not more
than 300 feet from the IN iddle of such vein.
In the amy claim, the lines marked as side
lines, cross the course of the strike OF tbs
vein and do not run parallel with II. They.
therefore, constitute end lines. IL 10 true
the lines are not drawn with the strict care
and Aoeui aoy contemplated by the statute,
and which could only have been done with
more perfect knowledge OF the true course
OF strike OF the vein from further develop
ments. But as was said bv this court In
Iron Silver Mining Co. v. Elgin Mining
Co. (1lS l.. y 1856, 2U7;) III the II st locator
will not or cannot mako the explorations
necessary TO ascertain the tue course OF
the vein, and draws his end lines igno-
rantly, he must bear tbs consequences"
Tbs court cannot b come a locator for the
mining claimant and do for him
Whist be alone should do for him
self. The most the court can
do where tho lines are drawn inaccur-
ately and II equally, Is to give to the miner
such rights. as his imptriect location wall
rants. under the statute. 10 cannot r=lo-
cate his claim and make new side lines or
en- limos. Where lt nuds. as IN this case.
that what are called side lines are In fRcs
end lines, the court Ia determining has
lateral rights, will treat such side lines as
end lines ana such emf lines as side lines;
but the court cannot make new location
for him, and thereby enlarge his rIghts.
He must stand upon bis own location, and
can take only what It Will give him under
the law
Acting upon this principls thsre ia no
lateral right 10 the holder OF tue Amy claim
by which be can follow its vein into tho
Consolidated claim. Mistakes In drawing
he lines OF q location can only be ns0ideI,
IS said in the case cited, by IostpOuiu2 tno
marking OF the boundaries until sufficient
explorations H.e made g. ascertain. as near
u possible, the cou 50 mad direction of the
Vein. Even then," tue court adueI, with
vi the care possible the end lines marked
"a she surface will often va Z eatly ON
light angle 10 the trus courss OF the vein.
mt whAtsy5s inconvenience or hardship |
nay thus happen. It Is batter tuat the |
boundary planes should be definitely de- !
eTmined BY the lines OF TIE So face Local |
ion than that they should be subjected 20 |
erpetual rem Justneut according TO cub /
erranean Developments subsequently, made /
y mine workers. SaGh roauJastments 81
We , discovery of a change IA tne course OF
he vein would create or ~ uncertainty IN 1
tiles TO mining claims"
Applying TINS doctrine TO the case before /
:. 40 follows that the voiu Ia controversy. L
be apex of which WAS within the surface
mes of the Amy claim. did not car the
we . right beyond ths vertical plane
Fawu down through tLe uosth side line OF i
bat claim. Tie Amy claim Ea1 no late al /
ight by vigtue OF she extension Of the vein /
Trough what was called tns north side OF /
Ia claim. us that side liuo 80 called was, IN |
act, one OF lla oud lines.
Iho joe. mcnt Of thu supreme court Of /
. ontana should therefore be reversed. and |
u-gment entered IA favor OF the piaiutiu, |
or decree Of partition Of tie Non-Cou- |
oiiuateu claim etwecn the taftiea 10 the |
nit who are owners as tenants 10 common,
nov q 81 such partition can be made with /
.ue regard 60 the respective rights OF the /
'Wners, and u 70 cannot 10 thus udvauta- /
Ieously made. that the premises be sold 1
nd tae proceeds civlosI according 20 their 1
espective rights and IA ther thai the re-
psctive PARTIES lender an account OF the /
rocseds received By them, respectively. 1
rom sac Nou-Cousolidatsd claim. and that 4
uch proceeds be DIVIDED between thorn ac-
ordiug 10 their respective rights Aud Il
; 80 olde ed.