The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12
Amy =. claim.

we believe that we may legitimately
conclude from those cases that, in the
facts now before US, the principle is
that the north side line of the Amy
terminates the strike OF the vein. and
that the dip must be controlled by the
planes of the original end lines. The
Amy people may follow their dip north
of their north side line. but only as 1t
lies between the planes OF their end
lines, as below considered. The OBJ
ject of parallelism in the end lines Is
that the locator may have his full
section Of the lode in it's entire depth.
But the termination OF the strike of
the Amy at point on the side line
deprives them of the dip northwest OF
that point, because the dip. in that por-
ton, lies under the apex OF the Nom
Consolidated. The law intends that the
plane of the end line shall operate as a
boundary to the dip. and so operate at
the point where the strike is ended.
II the strike reached the original end
line, as In a regular location, the
bounding plane would there operate
upon the dip. If the strike by reason
of it's going out of a side line, falls
short OF reaching the original end line
plane, that plane must take effect
where the strike in fact ends; that is.
at a point on the side line (point e,
Fig. ID; and. IL it takes effect there, its
parallelism must not be destroyed We
operating at the point where the apex
leaves the north side line, and operat-
ing parallel TO the east end line, and
retaining its parallelism as originally
marked on the ground. 1t is not a
new line or plane. or one judi
by the location lines on the sur
face. There is never any readjustment
according to subsequent Developments
The parallelism OF the end line planes
is fixed by location, and never varies.
The point Of departure OF the strike
from the surface lines fixes the point
where the end line plane is TO perform
It's functions, whether that departure
be at an end line. as contemplated by
the statute. or whether accident has
fixed II at a point on a side line. Com
plications are soluble upon this theory.
The intent of the statute seems to be
secured"
AS noted in the Amy-Siiversmith
case. the difficulties arise in applying
the United States mining statutes 10
accidentally irregular locations, that is
locations where ii is developed in time,
and by explorations. that the apex and
strike pass through the side lines. or a
side line and an end line, (as In the
case at BARI, or enter and pass out of
the same side line. We essayed in that
case a solution of this difficulty. which
could be applied to every irreRularity,
and which would secure absolute uni
formity In all complications. and give
to every mining location. as the statute
intended and declared. the whole vein.
in its whole depth. to the extent OF the
length Of the apex which was located.
We thought that we had accomplished
this result. With due Difference TO those
who have differed from US. we think so
still.
Here the court quotes from Tyler
company VS.. Sweeny.
The opinion here quotes the United
States supreme court in reviewing the
Amy-Sllversmith case.
We understand that the United
States supreme court not only reversed
our judgment. but discarded as unten-
able the principle upon which we pro-
nounced IL. This decision was received
with regret. not only by the bench and
bar in the mining regions. but by both
practical and scientific miners. The re-
greet was greater In that the decision
emanated from. as we have said in the
Amy-Silversmith case. Mr.. Justice
Field. the judicial father OF the mining
law in the United States" Jurist who
has Illuminated this topic OF the law BY
not only his profound learning. but by
his practical experience IN mining af-
fairs.
As an indication OF the reluctance
with which courts inferior TO that OF
the United States supreme court have
accepted the reversal Of the principle
OF the Amy-Sllversmlth case. We notice
the case OF Del Monte VI. CO. vs.. New
York a. L. -. NJ. Co. 6s Fed 2l2. Circuit
Court. District Of Colorado. March u.
1885. In that case the court had before !
IL the conditions Of an apex and strike |
passing through an end line and side |
line.
The court here quotes from Judge |
Hallett's decision: