The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-07
LATERAL RIGHTS
Attorney Joel b. Vale Gives His
Opinion.
TRIAL SETTLED NOTHING
b Big Mining Case VII Have to Be
Tried Again-The Discoverer Should
Have q Right to His Vein as
Far as He Follows It..

oAttn tAt "a
lawyer for Heinz in the recent mining
suit between the Butte q Boston and
NJ. o. p. companies returned recently
to his home in Denver. In an interview
in the Denver Republican Mr.. Vale
said in regard to the question Of extra
lateral rights:
las the jury failed to agree the trial
settled nothing. and the case will have
10 be gone over again. While there is
no doubt that the question OF extra
lateral rights is of the utmost import
ance. I do not think that the fact that
II sometimes gives rise to expensive lit
igation can be fairly used as an argu-
ment against the present law. or in
favor OF the proposition TO limit the
ownership OF veins by vertical side
lines II was the original intent Of the
law to give the discoverer the right to
his vein so far as he could follow IL. and
] think this Is the correct principle.
Bearing this in mind. il will be readily
seer that there would be many chances
OF injustice IL the claimant should be
confined within vertical side lines. For
instance. a claim owner might find a
vein which on its dip would pass Of
the side lines. causing him to lose his
rights. while, on the other hand. an
outside claim might develop a vein of
which the apex was i'm a contiguous
claim, and thus obtain ownership OF a
vein of which he was in no sense the
d~iscoverer.
The substance of the grant made by
the government to the locator of a lode
claim is the mineral deposit beneath
the surface. Prior To the extraction of
tho npAC thu axfAnf Of shA lA.nas 40 Aa
conveyed can be measured or defined
only by surface survey lines. through
which imaginary planes are drawn.
Such survey lines do not invade the
right OF exclusive possession and en-
joyment OF the surface granted by
statute to the senior proprietor. Such
lines occupy the actual surface space
Of length or breadth. They are, how
ever. the only practicable means of
marking the section of the lode claimed
by the junior locator They mark the
exterior boundaries within which the
rights of the Junior locator are con-
fined. The extent of his rights within
these exterior boundaries Is readily
ascertained by excluding from the
whole that which has already been
granted or reserved to others. BY this
process no right Of the senior locator is
By no other process can the
Junior locator obtain what the law
offers him. Therefore. the lines of a
Junior lode location may be laid upon
or across the surface OF a valid senior
location for the purpose OF defining for,
or securing Ia. such junior location
underground or extra lateral rights not
I'm conflict with any rights OF the senior
location.
The term is not applied TO the sur
face boundaries OF portions of a claim
which may be patented to different
IAEfiaC Tha an1 llnna tpnptAnnl BA.
the statute are voluntarily end lines.
liked by the locator OF the claim. They
are not h lines Ike by an adverse
claimant to mark a different and con-
fiicting claim. II will therefore be seen
that while at the surface C has the
right to but a small portion Of the vein.
as the end lines of the conflicting
claims diverge. c upon gaining depth
Is constantly increasing the length of
vein upon which he has the right to
work until when the points are reached
at which the planes of the conflicting
end ines intersect. he gets the full 1900
feet along the course of the vein.
In such a case as the imaginary one
cited, of which there are numerous
instances in actual operations. II the
law confined the claimant to the interior
OF vertical extensions of the side lines,
there would be little object In taking up
the end lines of A. and b.. as there
would be not enough to warrant the
expense OF opening the property, unless
the vein should be very rich. while an
outside locator on the dip of the vein
could take advantage of his knowledge
of the situation n secure rights to a
vein passing through his property. in
deed. but which he had never discover
ed at all, and this o conflict with
the intent of the law which was to
reward the ~discoverer: n as dlscov-
cries are almost invariably made upon
the apex. 1t does his by giving to the
owner OF the apex the ownership Of
the vein to any depth.
Mining litigation as to extra lateral
rights often arises from the contention
that the owner OF everything surface
who is not the d~iscoverer and owns no
portion of the apex of a VEINS better
entitled to the ores than he who dis
covered the vein and does own lie