Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1895-12-20
THE LAST CHANCE AGAIN
Suit Decided in Its Favor in the
Federal Court.
END OF A LONG LITIGATION
All the Ground In Controversy Has Been
Given to the Defendant
Company.

Boise, Dec. 14.-In the United States
circuit court Judge Beatty handed down
o decision in the celebrated mining case
of the Tyler VS.. the Last Chance. His
decision is in favor of the Last Chance,
giving that company the ground in con-
troversy. The decision turns upon the
question of priority which had already
been decided by higher courts in favor
of defendant. The vital part of the
decision Is as follows:
THE supreme court when considering
this case. 157 United States Ante, after
deciding only that issue which fixed the
priority Of location in the Last Chance,
reversed and remanded it to this court
for new trial. The Last Chance claim
Is prior. and it Is so located that the
courts all say its owner Is entitled to
follow the ledge on its downward course
between the vertical planes of what
were located as it's side lines.
THE defendant Last Chance COM
pany is therefore entitled to judgment
against the plaintiff for the possession
| of the premises in dispute which lie
between those planes which descend
vertically from those two lines of the
Last Chance which were located as its
side lines and it is ordered accordingly"
POINT OF INTEREST.
The larger part of the decision is
taken up with discussion of a point
similar to that which entered into the
Amy-Silversmith case. In the latter
case, the supreme court decided that a
claim in which the vein crossed both
side lines had no extra-lateral rights
| This poipt wa raioad Inv ca,,pcaI fn,. tl,a
Last Chance in the case just decided
The vein in the Tyler intersects one
end line and one side line of the original
location and counsel for the Last Chance
maintained that as 1t is claim that
had no extra-lateral rights when the
vein crossed both side lines, the same
reasoning would exclude it from such
rights If the vein intersected on the enc
line and one side line as in the case OF
the Tyler. On this point Judge Beatty
holds against the contention of the Las
Chance company. He says:
1T Is manifest that this rule can no
be followed when the apex of a ledge
before reaching the other end line pass
es out of the side line for it would Civ,
the locator more of the ledge under
ground than he has of the apex.
would give him portion of ledge o.
which he does not hold the apex tt
hold that his ledge shall be cut off by
the vertical plane and side line, is cut
ting off the right to follow it down
which the laws have given him.
Instead of this, to establish at tn
point where the apex crosses the sid
line, vertical plane parallel to tn
plane of the side line cut by the ape,
| and allow 1t to follow the ledge on IL
dip between the two planes. is not
violation of any provision of the statut
and gives the miner only those right
which the statute intends he shout,
have. The courts by the cases aboy
cited have so held and it is now he'll,
that plaintiff can so follow its ledge a.
far as not in conflict with some prio
right"
Applying this rule to the Republica,
Fraction. small wedge-shaped piec
or ground lying between the Las
Chance and the Tyler, and belongin,
to the Last Chance people, Judge Beat
ty decides that the Tyler company cal
follow the ledge through that territory
This is by the Tyler peoples priorit,
of location over the Republican Frac
ton.
Judge Beatty's decision PRACTICAL,
brings to an end one of the most fam
Gus cases Of mining litigation that ha
ever arisen in the west. The case ha
twice been to the court of appeals AM
once to the United States supreme court