Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-23

Ihere ulOn seem 10 De any tHlnS loT
spectacle. law-abding citizens to do but
stand aside and let EN- shoot it out II
either had been a professional claim jump
er. or bad man. or one had been ten
derfoot. it would have been different.
But with Jack Walker and Ben Jones
claiming the same ground we had call
to interfere. 1t would not have been neigh
borly and maybe not quite safe. They were
both square men and good miners. who
knew their rights and how to stand UP for
EN- We were sorry enough. for good
men were none too thick in MeTcar. but II
was their party and we were not invited
The trouble came about in this way.
Their claims Joined the sides. Walk
er's located back in the seventies. but
he followed the placer boom into Idaho,
and only did his assessment work until
shortly after Ben Jones located the ground
to the west when he came back and went
to work in good earnest. He struck
splendid lead. and after doing the neces-
sary development applied for a patent.
The official survey showed his claim bore
more to the west than anybody supposed,
and at the south end extended some sixty
feet on the ground Jones working
and took in his shaft. Now, the shaft
down 2oa feet or more, and had cos lot
of good money and hard work, and in
ore besides. but that wasn't by any means
the worst. The apex of Jones vein was in
this little triangular piece of ground. and
it was a strong vein and the only one he
had yet found.
The apex of the vein is the point where
1t comes nearest the surface. When ii is
found on ones claim the may follow
the vein on its dip (Which is its direction
into the EARTH between his end lines, to
the lower regions, if he wants to, and all
the ore in it belongs to him. This may not
strike you as quite fair. but it is mining
law, nevertheless. as held by the courts and
miners often find their best workings under
nf thar hhpr-
To understand this trouble you ought to
know how mining locations are nlide.
claim may be loo feet long by 800 on each
side of the discovery. When it is located
stakes or monuments are put UP at the
point of discovery and at each corner
Showing its dimensions and direction. and
a description of it, giving date of location
ana name of locator, is recorded with tho
district recorder. and it cannot thereafter
be changed, and all subsequent locations
are made with reference to IT.
When you remember that miners are not
surveyors and measurements made by
stepping the ground. and the side of a
mountain Is not as level as a floor, and
that courses are run by looking at the sun
o. north star, you will conclude that ac-
curacy isnext to impossible until an actual
survey is made Jones searched the rec
ords before he located, and tied to the
older claim. taking Walkers west line for
his east He found Walkers northwest
corner stake all right and stepped 1,50O feet
In southwesterly directon-that being
claim to run-but failed to find the south
west corner stake So he went over to the
southeast one, which was still standing
and stepped GOO feet westward at right
angles to the other line, as nearly as he
could guess 1t. to where he Intercepted the
other line. He called that point Walkers
southwest corner and his northeast and
put up a monument. You see how easy it
Is to make a mistake of a few feet. and
you Will also see, if you are as bright as
you look that it wouldn't be difficult some
pleasant evening after Jones had struck
II in his shaft for Walker to move his
southeast stake a little to the west and
thus float his claim in that direction
The whole thing depended on that stake
alkerS was the prior location and If the
stake hadn't been moved. the ground was
his. and If 1t had been, it was mighty
hard thing to prove. That swinging stakes
and floating a claim Is killing business
If you are caught. was before courts
and lawyers got SO thick, but it is some
times done, nevertheless. Jones knew the
law. and of course. knew the vein went
into his ground and through the side line,
and that Walker could follow it If he got
the apex. and take all of his ore
He had staked the ground himself. and
been honest and careful about it, and had
spent all his money and two years of aw-
fully hard work in the shaft. He was alb
solutely certain Walker had floated his
claim and intended to steal the ground
and he didn't propose to let It go that way
yers. surveyors and experts, and he didn't
have any money to throw away Resides
courts were slow, and he would be crjoined
from taking out ore until the case was de-
oided. and then the chances were about
even 1t would be decided wrong ANYWAY
The ground was his! He had located and
developed 1t, and wasn't going to be beat
out of 1t So the night after the survey he