The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-15

ing previously occupied and improved
the same according to the local custom
or rules of miners in the dlstrlct; Where
the same is located and having eA-
pended in actual labor and improve
ments thereon an amount OF not less
that 81, 900, and in regard to whose pos
session there is no controversy or op-
posing claim, it shall and may be law
ful for said claimant or association OF
claimants to file in the local land Office
diagram of the same so extended
literally or otherwise, as to conform TO
the local laws, customs and rules OF
miners, and to enter such tract and re-
ceive a patent therefor granting such
mine, together with the right TO follow
such vein or lode, with its dips, angles
and variations, to any depth, although
it may enter the lands adjoining, which
lands adjoining, shall be sold subject
to this condition"
Section of the same act prescribes
the steps to be taken to secure a patent
after such location is made. The last
sentence of that section, reads.
But said plat, survey or description
shall in no case cover more than one
vein or lode: and no patent shall issue
for more than one vein or lode, which
shall be expressed in the patent is
sued.''
Under the law of 1885, a patent grants
no title to the surface shown in the
diagram or plat necessary to be filed
to obtain a patent to the lode, but only
the right to use the surface specified
for the convenient working of the lode.
but by the express terms of the law of
1872 (Revised Statutes United States,
1920 the grantee gets title 70 the sur
face within the boundaries Of his To-
cation. and to "all veins, lodes and
lodges, the top or apex of which lies
inside" of his surface lines.
EXTRA TERRITORIAL RIGHTS.
In determining what, if any, extra
territorial rights the owner of a claim
possesses. whether the claim was To-
Gated under the law of 1866 or that of
1872, it is essential to determine which
are the endlines. When the form of the
location is a parallelogram, laid sub
stantially as contemplated by the
statute of 1872, the solution of the ques
ton is easy, except in cases such as
the Amy-Silversmith t152 United States
222), where the apex of the vein crosses
the lines intended by the locator for the
side-iines of his claim All parties in
this case agree that a claim can have
but one set of end-lines, which must
govern extra-territorial rights upon
every vein having an apex within it.
The counsel who closed the case for
the Marion insisted that the end-lines.
for the purpose of determining the
rights in question, must be lines of the
surface location, and in this contention
he is sustained by the supreme court
of the United States:
They (the locators) have also the
exclusive right of possession and en-
joyment of all veins, lodes and lodges
throughout their entire depth, the top
or apex of which lies inside of such
surface lines extended downward YER
tically, although such veins. lodes or
Lodges may so far depart from a per
pendicular in their course downward
as to extend outside the vertical side
lines of said surface locations The
surface side-lines extended downward
vertically determine the extent of the
claim, except when in its descent, the
vein passes outside of them, and the
outside portions are to lie between YER
teal planes drawn downward through
the end-lines. This means the end-lines
of the surface location, for all locations
are measured on the surface.
But whatever Inconvenience or
hardship may thus happen, it is better
that the boundary planes should be
definitely determined by the lines of
the surface location, than that they
should be subject to perpetual read
Justment according to subterranean
developments made by mine workings.
Such readjustment at every discovery
of a change in the course of vein
would create great uncertainty in titles
to mining claims. The rule, whatever
hardship it may work in particular
cases. should be settled, and thus pre-
vent, as far as practicable, such I'M
certainty.
The provision of the statute. that
the locator is entitled throughout their
entire depth, to all veins, lodes or
lodges the top or apex of which lies in
side of the surface lines of his location.
tends strongly to show that the end
lines marked on the ground must con-
troll 1t often happens that the top or
apex OF more than one vein lies within
such surface lines, and the veins may
nave different courses and dips, vet his
right to follow them outside of the
side-lines of the location, must be
bounded by planes drawn vertically
through the same end-lines. The planes
OF the end-lineS cannot be drawn at a
right angle to the courses of all the
veins, if they are not Identical"
See also Iron county VS.. Elgin county,
lis United States, 1876, 2O6 and 2O7 Ar
gentine VS.. the Terrible, 122 United
States, AIS. King VS.. Amy ilversmith.
l52 United States, 222.
We seek first then, regardless of the
position or course of any vein through
the Marion claim, to discover if it is
possible to determine its end-lines from
an inspection of the surface location.
The form of the Marion claim in this
case has been fruitful theme of dis
cussion. 1t is a twelye-sided figure. re-
sembling a boot; the top extending
northwesterly the heel southerly and
the toe northeasterly. 1t is evident
that one of the end-lines is the TOP of
the boot, or what has been referred to
IN the evidence as the northwestern
end-line, extending from post to post
D; but whether the other is at the end
of the tee (post 9 to post 100. or at the
end of the heel (post to post y. is bv
no means clear from the shape of the
figure.
END-LINES DEFINED.
1t is argued that the ends of a loca-
ton are those lines which are farthest
apart. and consequently the line from
post to post 10 is the other end-line.
but this method of ascertaining end
lines was disapproved by the supreme
court of the United States in the Elgin
case t1JS United States, 1860. and it
hardly seems more tenable in this case
If the figure of the Marion claim were
the outline of the ground plan CT a
building, the portion included in the
toe of the boot would be called a
wing or an addition" and the end
of an addition is not the end of the
main structure
If we try another test: A straight
line extended from the point between
posts and and a little below post 5.
where the outcrop of the lode enters
the Marion claim in the direction al
legged by the Marion. to-wit: south 40
degrees east. to be the true surface of
the vein, and borrowing one of the
Geyser theories for the moment To aid