Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1897-06-26

The United States Circuit Court Of
Appeals, sitting in San Francisco. has
affirmed the decision OF the Circuit
Court in the case OF Waterloo Mining
Company VS.. Does Executors. In
this case it was claimed that the COM
pany bad lost the extra lateral right
because the end lines Of its claim were
not made parallel at the time of its
location. 1t was shown that when
patent was applied for, several years
after location, that the Deputy United
States Surveyor Strengthened this line
at the time OF the official survey by
cutting off so much Of the west end OF
the claim as was necessary to make
that end line parallel with the eastern
end line, and the patent had issued to
the applicant in conformity with such
survey. And the court held that as
the patent gives the location parallel
lines and grants the right to follow all
lodes on their dip outside OF the side
lines of the same whose apex is within
the surface lines OF the claim, and
whose strike is cut by the end lines Of
the claim extended perpendiculsrly
downward that the right Of the mine
owner must be determined by the
terms of its patent.
Looking then at the patent we OBJ
serve" says the Court. ''that appel
liant WIS granted extra lateral rights.
II then appellant, in entering the
premises embraced within the lines OF
appellees' claim beneath the surface,
followed down on its dip a lode whose
apex was within its ground and whose
strike was cut By the end lines Of its
claim as patented, it was pursuing a
course to which il had a legal right"
This same question was substan-
tally passed upon by the Supreme
Court of the State of California in the
case of Doe vs.. Sanger, who was the
g~rantor of the Waterloo Company
tS3 Cal. 203), and there Mr.. Justice
Mcfarland held that a substantial
compliance with section 1920 Of the
Revised Statutes OF the United States
requiring the end lines OF each claim
located upon a vein or lode tC
be parallel is all that is required. A
location may be made in such an ir-
regular and many sided shape as to de.
stroy the right to work the vein be-
yond the surface lines; but the objeci
of the statute is sufficiently met Il
sustain that right if the location i:
made lengthwise Of the vein in q
quadrangular shape, though the enc
lines are not exactly parallel; and the
locator has a highland perhaps it i;
his duty-within any reasonable time
to make the end lines parallel; If such
change does not interfere with the
substantial property rights Of any
other person. The purpose OF the
statute is to prevent a party from
claiming more width Of vein outside
his surface lines than within them
"That the intention Of the statute wa
to make the valuable rights of lode
miners to depend upon things more
substantial and important than the
mere trick of a perfectly correct meas
urement of surface ground, Of . math
ematically correct survey" This is al
important point in favor of the miner
as but few locations are properly lait
upon the ground in the first instance
An official survey OF the ground in th,
course Of an application for patentthere
for may be made of strong curativ,
force. The appellant was represented
In the Court of Appeals BY A. Fl
Ricketts, and the appellee by Johr