The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-01-08
An IMPORTANT DECISION.
Rights Of Tunnels and Locations
on Cross Mineral Veins.
COLORADO RULING REVERSED.

Review Of Contentions and Findings
I'm the Calhoun-Ajax Case, With
an Interesting Criticism Of the
ouestions Involved Differences
Between state Railways Now 10
he Settled By the Federal Court.
| An exceedingly important decision in the
calhoun-AJax case. involving the ques-
| ton of the rights OF tunnels and OF loca-
/ tions on cross veins. has been rendered
| by the supreme court of Colorado, ana as
| 1t Is matter OF interest to every lode
| miner in the land, the observation-disclosures
| presents a review Of the contentious and
the findings. together with legal criti-
cism of the subject.
Essential Facts Of the Case.
According to the decision the essential
| facts seem to be:
| crossing obqueiy several locations belonging 70
the AJAX and Of . tunnel location. also crossing
| q The Ajax was ownsr Of several lode locations,
Al originally made, and subsequently, perfected 10y
tho lode or the ss't ss,nnsi i' q the Calhoun
| 5 In the court below the Ajax had sought to
from beneath the surface Of the Ajax locations. and
also to have the Calhoun snjoined from any fur
ther such sxsaction q oss and from extending it,
The Calhoun had pleaded IS defense IN that
tSs as q 4. located ' . :sa
which crossed obliQuey. in tn strike the locations
q the Ajax. and was. a: REGARDED the ic9es Of
possessed the right. b reason Of il. tunnel ioca.
tion to continue its tunnel under the surface Of
Is might e sss 20 a h 5 Is
we'll g 2 cut ana work; BY means q said tunnel.
ownership q the surface By the Ajax. through IL
t. The court below gave Judgment on all points
in favor Of the Ajax. granting damages for the
extracted and Injunction restraining the Calhoun
from prosecuting work upon or extending It's tun.
mel underneath" the locations Of the Ajax. and
from further taking out, extracting removing
by means of said tunnel or otherwise from within
the aide lines. q the said locations. extended
g. From this Judgment the Calhoun appealed;
and By stipulation Of the PARTIES the following four
questions were submitted for the decision OF the
"a whether. under the circumstances. the Cal.
the ground covered By the Ajax locations
(bl Whether the Calhoun had acquired. by virtue
od. net me on 70
% whether the Calhoun was entitled 70 ore con-
tanned In Its cross lode and lying beneath the
face included within the Ajax locations
td) Whether the Calhoun might In the Trial Of
on certain q liz locations q ths Ass there had
been prior to the location Of the Calhoun's tunnel
that the Ajax title to said claim was. at the date
Of the tunnel location. not valid.
The. decision Of the appellate court con-
firmed at all points the judgment Of the
on the four question above stated. The
treatment Of the fourth question by the
court was obviously in the line OF many
nAcS1n nf0 All ~ ~ ND rVtfn
At the date Of the tunnel location the
Ajax locations. now alleged to have Lack
ed the necessary discovery Of mineral In
sary steps OF survey, advertisement. pay
ment, ,etc, and had been practically per-
fsitsa By na taoafn the
the time Of the trial this step also had
been completed, and Il was very properly
AS 81. thus evidenced was not psrmssi-
The three remaining questions the court
reduced to two, as follows:
(a Is the Calhoun entitled to the ore In its cross
lode which lies under the Ajax systemf
b Is the Calhoun entitled to blind vein. cut By
tunnel. under the said surfacef
Question A Considered.
These questions may be considered in
their order:
Ia, The claim Of the Calhoun in this respect was
based upon section 1885 OF the Revised Statutes,
which reads as follows:
'sec. 1886 When two or more veins interscct each
other priority Of title shall govern, and such prior
tained within the space Of Intersection; but the
subsequent location shall have the right Of way
through the space Of intersection for the purposes
Of the convenient working Of tho mine And when
two or more veins unite. the Oldest or prior loca-
ton shall take the vein below the point of union.
including all the space of intersection.
The construction of this provision both
by courts and by writers on the subject,
has been, in some instances, almost ludi-
nser ana ADAMS ssys that
are of course those which intersect on the
strike" thus missing altogether the true
discuss as the main question involved, the
proper definition of ''the space OF inter-
section''-a matter SO simple and obvious
really important point Is that section 1886
refers, not at all to intersections on the
strike, but only to Intersections on the
involve the otherwise equally valid apex
rights of two parties In other words, IL
two locators,. occupying equally, valid loca-
lodes to cross or unite, at a point to which
each has arrived by the legitimate pursu-
ance of his lode from the apex within his
claim. this section prescribes that priority
of location shall determine their relative
rights Before the enactment of this sec
ton, such conflict was liable to be de-.
is to say, by the opinions of experts as to
which Of the two lodes thus crossing or
uniting was the more important geologic
ally, which was the earlier and which the
later, In formation, or which was the
main lode" and which mere branch"
or spur" 1t was the purpose of section
1886 to substitute for such scientific SUBJ
tleties a simple test, easily applied-name-
ly, that of priority of location. This was
a reasonable and adequate purpose: and
that 1t concerned exclusively the intersec-
ton or union Of lodes on the dip, not on
the strike, is clear enough from the fact
that intersections on the strike were al
ready provided for In section 1922, which
gives to each prior locator the right to
lodes apexing within his location. A lode
interesting his lode on the strike would
necessarily have part Of its apex in his
ground and this condition of affairs would
be covered by section 1922
In the majority of instances, both of
intersection and of union. the planes of
the two veins are relatively oblique; that
is, the intersection is on both dip and
strike. But the principle above. laid down