Amador ledger., 1900-12-28

r1aDle ana memorable policy to limit the
location along the course of the vein to
the quantity located, and to the line of
the surface location, and to permit an
extension of right only on the dip.
Bearing, then, in mind that the argu-
ment was to show that under the law OF
1866 the locator could not, for the pur-
pose of securing his length of lode, pass
the lines OF his surface location, we NAV
be instructed by the decision. 1t is first
said the locations under the law of 1866
are not invalid because the end lines
are not parallel. The law did not re-
quire such parallelism, and the require
ment in the law of 1872 was merely
directory and no consequence attached
to deviation from the direction. ''Its
object is to secure parallel end lines
drawn vertically down, and that was
effected in these cases by taking the ex-
treme points of the respective locations
as the length of the lode."
The locator was limited to his num-
Der OF feet on the lode throughout its
entire depth, and the Court realized
that the only possible mode of so limit
iting the right was by parallel end lines.
The miners seem TO have regarded a
lode as something like plank. All a
locator had to do was to measure off his
distance upon it, and then make a
square cut'' at the end. Judge Fields
idea that the planes of the end "cuts"
must be parallel in order to limit the To-
Gator at all depths to his mum Der of feet
claimed upon the surface is further
shown. He says: at is true hat end
lines are not in terms named in the
rules of the miners, but they are neces-
sarily implied, and no reasonable con-
struction can be given to them without
such implication. What the miners
meant by allowing certain number of
feet on ledge was that each locator
might follow his vein for that distance
on the course of the ledge, and to any
depth within that distance. So much
OF the ledge he was permitted to hold as
lay within vertical planes drawn down
through the end lines OF his location,
and could be measured anywhere by the
feet on the surface. II this were not SO,
he might by the bend of his vein hold
under the surface along the course of
the ledge double and treble the amount
he coulI take on the surface. Indeed,
instead of being limited by the number
of feet prescribed by the, rules, he might
in some cases GUST all his neighbors and
take the whole ledge. No construction
is permissible which would substan-
TALLY defeat the limitation of quantity
on ledge, which was the most important
provision in the whole system of rules.
"Similar rules have been adopted in
numerous mining districts, and the con-
struction thus given has been uniformly
and everywhere followed. We are con-
fident that no other construction has
ever been adopted in any mining district
in California or Nevada. And the con-
structior is one which the law would
require in the absence of any construc-
ton by miners. If, tor instance, the
State were today to deed a block in the
city OF San Francisco to twenty persons,
each to take twenty feet front, in GER
tain specified succession, each would
have assigned to him by the law Sec
ton parallel with that of his neighbor
of twenty feet in width, cut through the
block. No other mode of division would
carry out the grant.
"The act of 1866 in no respect en-
larges the right of the claimant beyond
that which the rules of the mining dis
trict gave him. The patent which the
act allows him to obtain does not author
ize him to go outside of the end lines of
his claim drawn down vertically through
the ledge or lode. 1t only authorizes
him to follow his vein with its dips,
angles and variations, to any depth,
although it may enter land adjoining
that is, land lying beyond the area in
Guided within his surface lines. 1t is
land lying on the side of the claim, not
on the ends of it, which may be entered.
The land on the ends is reserved for
other claimants to explore. 1t is true,
as stated by the defendant, that the sur
face land taken up in connection with
linear location on the ledge or lode is,
under the act of 1866, intended solely
for the convenient working of the mine,
and does not measure the miners right,
either to the linear feet upon its course,
or to follow the dips, angles and varia-
tions of the vein, or control the direc-
ton he shall take. But the line of To-
cation taken does measure the extent of
the miners right. That must be along
the general course, or strike, as it is
termed, of the ledge or lode. Lines
drawn vertically down through the
the ledge or lode, at right angles with a
line representing this general course at
the ends of the claimants line of loca.
ton, will carve out, so to speak, Sec
ton of the ledge or lode, within which
he is permitted to work, and out of
which he cannot pass"
Judpa Field here WAC pndaa uorino to