The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1895-12-19
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 10 the Defendant
Company.

Boise, Dec. 14.-In the United States
circuit court Judge Beatty handed down
a 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:
1.-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 1t 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 its 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 1t 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 point was raised by counsel for the
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 ii is a 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 end
line and one side line as in the case of
the Tyler. On this point Judge Beatty
holds against the contention of the Last
Chance company. He says
1t is manifest that this rule can not
be followed when the apex of a ledge.
before reaching the other end line pass
es out OF the side line. for it would give
the locator more of the ledge under
ground than he has of the apex. 1t
would give him a portion of ledge of
which he does not hold the apex. To
mold that his ledge shall be cut off by
me 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 the
point where the apex crosses the side
line, a vertical plane parallel to the
plane of the side line cut by the apex
ana allow Ii to follow the ledge on its
Zip between the two planes. is not a
violation of any provision of the statute
ana gives the miner only those rights
which the statute intends he should
nave. The courts by the cases above
cited have so held and it is now held
that plaintiff can so follow its ledge as
far as not in conflict with some prior
right"
Applying this rule to the Republican
Fraction, small wedge-shaped piece
OF ground lying between the Last
chance and the Tyler. and belonging
TO the Last Chance people, Judge Beat
W decides that the Tyler company can
follow the ledge through that territory.
RMS Is by the Tyler peoples priority
81 location over the Republican Frac-
don.
Judge Beattys decision practically
brings to an end one of the most fam
GUS cases of mining litigation that has
ever arisen in the west. The case has
twice been to the court of appeals and
once to the United States supreme court