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

lime rock was a lode, and the definition
was given with a view of satisfying these
conditions.
The supreme court Of the United
States has also approved Of the follow
ing as a proper definition of a Lode:
"A lode or vein is a body of mineral,
or mineral-bearing rock, within defined
boundaries in the general mass Of the
mountain. In this definition the elements
are the body of mineral or mineral-bear-
ing rock and the boundaries: with either
of these things we'll established, very
slight evidence nay be accepted as to the
existence of the other. A body OF min
eral or mineral-bearing rock in the gen.
eral mass Of the mountain, so far as it
may continue unbroken and without in
terruption, may be regarded as a lode,
whatever the boundaries may be. In the
existence of such body, and to the extent
of it, boundaries are implied. On the
other hand, with well defined boundaries,
very slight evidence of ore within uch
boundaries will prove the existence of a
lode. Such boundaries constitute a fis-
sure and If in such assure ore is found,
although at considerable intervals and
in small quantities, it is called a lode or
vein.'
You will observe that this definition
Classics as a lode any body of ore with
defined boundaries in the general mass
of the mountain and hence in this case
it is for you to determine as to whether
the body of ore found within the faults,
CIR transverse assures, is a body of ore
embraced within definite boundaries in
the mass Of the mountain.
II think it should ais be said to you,
however, that If these faults or trans
verse assures do not cut off the Wind
lass vein, but that the same is found
within the limits of the fault region,
maintaining it's identity and continuity,
you ought not to find that the fault re-
gion is a separate vein.
1.-THE defendant has requested the court
to give you the following definition Of
a lode as applicable to the facts in this
case:
I'm general, it may be said that a.
lode or vein is a body of mineral or min
eral-bearing rock within defined boun-
diaries in the general mass Of the noun
tain.
"In this definition the elements are
the body Of mineral or mineral bearing
rock and the boundaries; with either
Of these things established, very slight
evidence may be accepted as to the ex-
istence of the other. The boundaries
constitute a ~fssure, n if in such fis-
sure ore is found, although at consider
able intervals and in small quantities,
it is called a lode or a vein. A contin-
uous body of mineral or mineral-bearing
rock extending through loose, dis
jointed rocks, is a lode as fully and GER
tainly as that which is found in more
regular formation
This instruction has been selected
out of part of a charge given by Judge
Hallett in the case of the Iron Silver
Mining company versus Cheesman, tried
in Colorado. I think there should be add
ed others parts of said charge:
For instance: Commencing where the
above and foregoing instruction closes,
the court said:
/! "'But If 1t is not continuous or is not
found in a crevice or opening which is
itself continuous it cannot be called by
that name. In that case it Jack indi-
viduality n extension, which Is an es-
sential duality Of a lode or vein.'
1T will be seen from this that mineral.
or mineral-bearing rock scattered here
will not constitute a lode or vein: the ore
must be continuous, or found in a crevice
which is continuous.
Il will SAL also, that IL ore IL found
in a fssure it is not required to be so
continuous as outside Of a issure.
IN this case the question is: Has the de-
nda tracad a continuous mass of ore
from the Rarus and Johnstown ground
INTO the Windlass vein, or q crev!ce with
ore therein, though not continuous, to
said vein. and is the said mass of ore a
continuance of the ore in said vein, or
the said crevicc a continuance of the said
Windlass vein crcvice?
! There has been evidence pro iuaed IN
the case to the effect that the north vein
Is one that lies upo the foot wall of the
Rarus and JOhnstown lode ans El,t the
Wlhdlass vein is one that lies roon u