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

!. ................ ........S $50 90
to follow the dip outside of the latter.
We think that the intent of both
statutes is, that mining locations on
lodes or veins shall be made thereon
lengthwise, in the general direction of
such veins or lodes on the surface of
the earth where they are discoverable;
and that the end-lines are to cross the
lode and extend perpendicularly down
wards, and to be continued in their
own direction either way horizontally;
and that the right to follow the dip
outside of the side-lines is based on
the hypothesis that the direction of
these lines correspond SUES TALLY
with the course of the lode or vein at
its apex on or near the surface. 1t
was not the intent of the law to allow
a person to make his location cross
| wise of a vein so that the side-lines
shall cross it, and thereby give him the
right to follow the strike of the vein
outside of his side-lines. That would
subvert the whole system sought to be
established by the law. If he does To-
cate his claim in that way, his rights
must be subordinated to the rights of
those who have properly located on the
lode. Their right to follow the dip
outside of their side-lines cannot be in
terfered with by him. His right to the
lode only extends to SO much of the
lode as his claim covers If he has
located crosswise of the lode, and his
claim is only one hundred feet wide,
that one hundred feet is all he has a
right to. This we consider to be the
law as to locations on lodes or veins.''
Flagstaff VS.. Tarbet, 9S United States,
467.
And again in the same case, con-
STRUNG necessarily the law of 1866, the
court said:
las the law stands, we think the
right to follow the dip of the vein is
bounded by the end-lines of the claim
properly so-called; which lines are
those which are crosswise of the gen
eral course of the vein on the surface"
Flagstaff VS.. Tarbet, SO United States,
467.
One sentence above quoted, compar-
ing the acts of 1866 and 1872, is especi-
ally Significant:
The law of 1872 is more explicit in
its terms, but the intent is undoubtedly
the same, as it respects end and side
lines and the right to follow the dip
outside of the latter"
If that be true, both the old and the
new acts require parallelism of end
lines, the new one rigidly that being.
essential Gas stated in the Eleiin casai
the old one substantially. But under
the old law, the requirement being
| more flexible, would permit of such
slight deviations from parallel as did
not in effect destroy it.
END LINES SHOULD BE PAR
ALLEL.
Though the views already expressed
may render it unnecessary, yet be-
cause of the exhaustive discussion
given to it, another proposition de-
| serves notice, and that is that even if
the end-lines are not parallel, if the
vertical planes drawn through them
converge in the direction of the dip of
the vein in question, so that the claim
ant would take less than he would
have done had his end lines been lar
allel, he may still follow his vein on
the dip within such converging planes,
notwithstanding the non-parallelism of
his end-lines. This view is urged very
strongly by the Marion in this case,
and there is much to be said in it's
favor. But when the law givers
framed the statute, they placed in it
this provision, that end-lines should
be parallel. They deemed it of great
Importance. They planted in the law
of mining titles land mark ito stand
four-Square whatever wind might
blow" and when we consider that the
end-lines of a claim once established,
must govern the rights on all veins
thereafter discovered, veins as well as
upon the first one, the necessity of in
sisting, as the supreme court says we
must, upon the rule requiring parallel
ism, is evident. For instance in this
case Suppose the easterly end-line
were established to be the one from
post to post 10, and it is determined
that the bounding planes of the extra
territorial right converge in the direc-
ton of the dip, and the Marion is en-
titled to the right claimed; and there
after another valuable vein is dis
covered dipping southerly. 1t may be
said, that geologically this is very un-
likely, but it is not impossible The
end-lines having been established as
claimed, the owner of the claim could
then follow the new vein uDon ifr aiD
southerly, between the same boundary
planes, which widely diverge in that
direction, and thus, as to that SUP
posed vein, the purpose of the statute
is rendered nugatory. On the other
hand, it may with much force be ar
gued that the right might be given on
the vein between the boundary planes
on the side where they converge. and
denied on the vein extending beyond
the other side where they diverge, and
still keep within the spirit of the
statute, but such speculations reveal
the danger that lies in going outside
of the plain provisions of the statute
and remind as that the hardship of
the law requiring change must be
remedied by congress and not by the
courts.
An examination of section 1920 and
1922 of the revised statutes of the
United States discloses that the con-
ditions which must exist to create an
extra territorial right, are susceptible
of division into two kinds; those
fixed by nature, and those determined
by the locator. The locator in a given
case must make his claim of length
and breadth to conform to the statute,
and under the law of 1872 it must have
parallel end-lines. Within the claim
thus laid out, it must appear that ma
ture has furnished the other necessary
conditions, namely, first, the lode it
self; second, the apex, with the lode
extending from it in a downward
course; third, the outside part of the
lode lying between the vertical planes
drawn through the end-lines.
1t seems reasonable to hold the To-
Gator to greater strictness in comply
ing with the conditions of the statute
as TO the form of his claim, which de-
pend wholly upon himself, than as to
those dependent upon natural condi-
tions, and which, with the greatest care
On his part, it is frequently found i'm
possible to ascertain accurately before
lis title to the claim is perfected.
THE MARIoN's MISFORTUNE.
The locator. and not the present