The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-02-02
Judge Beatty's Important De-
cision in the North Star
Case.
MR.. LINDLEY GAINS A POINT.
Defendant May Back Up It's Claim of
Extra Lateral Rights With
Its Patent.

DtdCSo OiStiiCe y uuSe beatty OF iudQO yes
terday, sitting as Judge of the United
States Circuit Court at San Francisco. 1t
was in the case of the Carson City Gold
and Silver Mining Company against the
North Star Mining Company. The suit is
for 1926, 600 for ore taken out by the North
Star people from beneath the surface area
OF the property of the Carson City COM
pany during the three years preceding
September, 1894.
Both companies own adjoining prop
critics in the Grass Valley district, Nevada
County. Evidently the Carson City COM
pany has proceeded on the theory that its
property rights extended downward IN a
perpendicular line regardless of the natu-
raj course OF veins. 1t seems, however,
Tor extra lateral rights, which permit
m1ne-owners to follow from the apex the
natural course of their ore-bearing veins
even though it may incline beyond the
perpendicular of the boundary line of an
others property.
In this case the question OF extra lateral
rights, however, was somewhat obscured
by the question of whether the owner of
the extra lateral rights should be per-
.mitted to introduce his mineral land
patent as evidence of those rights.
When the suit came up before Judge
Beatty for hearing last Wednesday At
torneys Ellis and Dickson Of Salt Lake
City, on behalf of the Carson City Com
pany. objected to the admission of evil
dence offered by the North Star Company
to. show that it had simply followed the
natural course of its vein.
The inclined shaft of the North Star
mine extended downward to the 2400-foot
level and from there quite number of
minor shafts. and drifts were tunneled.
The North Star people represented that in
sinking their shaft they were doing no
more than taking advantage of their ex-
ira lateral rights by following their vein.
The shaft developed into a veritable net
work of borrowings beneath the surface
area of the old Irish American mine,
which had become the property OF the
plaintiff.
The evidence was in the nature of q
series of elaborate models, charts and
diagrams made from surveys of Charles
E. Uren. Judge Beatty yesterday over
| ruled the objection of the attorneys for
the plaintiff, and allowed the evidence to
be introduced. 1t was great victory for
Curtis IL. Lindley of this City, tie princi-
pal attorney for the North Star mine, and
| it may Indicate that the suit will termi-
nate favorably TO his corporate client.
| But apart from the question of lateral
rights which is yet to be definitely deter
mined the value of patent as conclusive
to the host of miners and other land
| owners. Judge Beatty settled this point
| yesterday. He remarked in commencing
his oral opinion that the principle in
volyed was novel one and he had no
direct guiding precedent to follow.
The North Star mines title was based on
patent--a consolidation patent-applied
for in 1869 under the law of 1866 but not
issued until the act of 1872 was passed.
This patent covered 3140 feet of the North
Star lode, with surface ground of irregular
form, covering an area of about sixty-tive
acres. As the law of 1866 permitted the
holding OF an original claim on lode to
the extent of only 5000 feet it was manifest
that the company had secured title to
numerous claims by purchase and had in
cluded them all in the one application,
and the patent was issued for the entire
property without specifying the COM
ponent parts. In deciding the patent to
be conclusive evidence Of the facts in
volved Judge Beatty said:
In view of the numerous adjudications as to
the 1nvulnerable character of a patent, l will
avoid the appearance OF egotism by any
lengthy discussion of the subject. 1t is wen
settled, however, tina by any collateral attack
there are very few open avenues for successful
assault upon patent 1t is itself an open and
indisputable declaration of the existence of all
those facts and of the performance of all those
acts which the law declares are the conditions
of its existence. There may have been no dis
eovery OF LEDGE the locator may not have
been a citizen, he may have neglected to per-
form any OF the vital acts which constitute his
right to a patent, but it declares to the con-
trary, and we cannot contradict it.
When the Supreme Court in Smelling Com
pany vs. Kemp. 1O4 Q. s., refused the inspec-
ton OF the land office record. upon which the
patent was issued, which was offered for the
purpose of collaterally attacking the patent,
1t in effect held that the patent was the evil
dence that its holder had regularly and fully
performed every act which the law demanded
1t seems the established doctrine of that
court that collateral attack on a patent can
void, or when the Land Department has in
some way exceeded its jurisdiction. But it
must be far exceeding its authority or jnris-
diction upon some ground as q matter of law
as distinguished from errors committed in its
conclusion of facts.
AS to the validity of the patent Judge
Beatty next proceeded to show by refer
ence to the Supreme Court decision that
though the law of 1866 limited the dis
lance along. a ledge that can be included in
any one claim to 5000 feet, neither it nor
the law OF 1872 put any limitation upon
the number OF claims or length of lode that
could be included within any one patent.
in short, there was nothing to prevent an
owner from patenting all his purchased
locations under one patent along with or
separate from his original claim.
SO far as the question of lateral rights
the possible final outcome of the case. All
the claims composing the North Star pat
ent were located anterior to the act of
1872. AS already stated the proceed ings
for the patent were commenced under the
act of 1866 and the patent was issued after
the enactment of the law OF 1872. Section
2 of the act of 1866 provides:
That whenever any person, or association OF
persons, claim vein or lode OF quartz =
it shall be lawful for said claimant or associa-
ton OF claimants to file in the local land office
diagram OF the same. so extended laterally
and otherwise as to conform to the local laws.
customs and rules of mines, apd to enter such
tract and receive patent therefor granting
such mine, together with the right 10 follow
such vein or lode, with it's dips, angles and
variations, 10 any depth
On this as a basis Judge Beatty made a
declaration respecting extra lateral rights,
for which the following partial condensa.
ton may serve as a syllabus:
1t is evident that what the statute granted
was the ledge. There was no direct grant of
any surface ground. but only of such az the
rules OF mines allowed. 1t was not required
that either the boundaries of the claim or the
course of the ledge should be marked out
1t is well esta blished that the miner could
follow his ledge along its course wherever it
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