Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-03

it's dip, even into the ground or claim
of an adjacent or adjoining owner, con-
templates hat the same must be so done
upon what falls within the definition of
a lode as heretofore given: such right to
follow the same into the ground of an
adjoining owner Is strictly to be limited
to a lode as hereinbefore defined, and it
does not contemplate or embrace slight
ly mineralized country rock, extending
over a large area or tract Of country,
without definite boundaries. And even If
you hou be satisfied, from the evidence,
hat large quantities of such mineralized
country rock, embracing the ground in
dispute exists, this mineralized section
of country rock cannot be assumed to be,
or classified as a lode, because there is no
evidence to show that it possesses the
very ESSENTIAL qualities Of a lode, to-Wit,
we'll deined boundaries; and it is difficult
to see how, and it does not appear that
it has any dip, and hence cannot be fol-
lowed on a dip, and therefore necessarily
limits the right of the parties finding
the same within their ground to the ex-
traction thereof within the exterior boun-
DIARIES of the claim on lines drawn down.
ward vertically n does not authorize or
permit the following or extraction there
of beyond the exterior boundaries or linn
it's of the claim into the ground or claim
of al adjacent or adjoining locator or
owner"
The Instructions quote the law of 1872,
giving extralateral right to the locator
Of a mining claim. Judge Knowles a
the following definitions of apex"
strike" and dip"
THE top or apex of a lode or vein
is the highest portion thereof, or that
portion that comes nearest the surface.
1.-The strike of a lode or vein is it's
horizontal direction across or through
the country. The dip is it's downward
or descending course into the earth.
1.-THE miner follows the dip of the
vein when he works downward, leaving
The top or apex further above him at
each descent.
HE follows the strike when he works
lengthwise Of the lode"
The court added that the apex of the
lode did not necessarily need to be near
the surface, n that neither the depth
at which it was found nor the material
covering it had anything to do with
the fact that it was an apex if in fact
it were the top of the vein. The court
went on:
1T is not necessary hat the top, or
apex, of a vein shall continue in a hori-
zontal plane, or that it should conform
to the lay or contour of the surface of
the ground, or that it should or must be
equally near to the surface at all or any
points. 1t may extend from the top to
the bottom Of a hill along the strike Of
a vein, or 1T may be at the SURFACE OF the
ground at one point, and very much be-
meath the surface at other points.
I'm the present case the apex of the
! vein in question may be at or near the
surface Of the ground in the vicinity Of
the southern extension of the east end
line of the Rarus claim, and by reason
of the vein having been sheared off or
interrupted by a fault, the apex may
| descend into the earth. following the
westerly strike of the vein beneath the
line of what is called the east fault; and
in such case the line Of the east fault
may determine the apex of the vein, If
| you shall believe, from the evidence, nal
the said vein is terminated by it, equal
ly well as If the apex had actually come
up to the surface.
TT does not affect the character of
an apex, as such, that large masses of
| earth or rock may have accumulated or
been heaped upon it by wash or drift, or
| through the action Of faults or otherwise.
The surface of the ground as 1t
exists at the present. need not necessari-
ly have anything to do with the fixing Of
| the location OF the apex: but the apex
must be found to be where it actually
! at which it may be found beneath the
surface. or OF the character or quantity
Of the material which overlies it.
> IF you find from the evidence that
the Windlass vein has been interrupted,
or cut off where it comes up to the east
fault, as claimed by the plaintiffs wit
nesses. and that the eastern end a
been separated by the faults from the
western end, the same now being called
the narth connecting vein. then you