Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1900-05-05

Important Decision Rendered I'm
United States Court at Carson.

Important Decision Rendered I'm
United States Court at Carson.
A decision rendered by Judge Hawley
in the United States Circuit Court at
Carson last week will be Of great interest
to all mining men at the present time,
when the question Of spexes and
extra lateral rights is productive Of SO
many lawsuits in ell parts Of the mining
country.
The case in question was that OF the
Cosmopolitan Mining Company against
George Foote and others, in which the
defendants were enjoined from taking
out ore from . ledge within the bounda-
ries Of the Cosmopolitan mining claim. in
Storey county. Nevada. In rendering
the decision the Court said:
The defendants contention seems TO
be that because, as they claim, they
have subsequently, discovered the apex
OF . lode running northerly and south
erly at the essterly line Of their surface
location that they have . right to follow
that lode in it's dip beneath the Cosmo-
politan claim. without any regard to the
direction or curse Of the lode located by
Foote. But that right, in law, depends
upon the fact whether what are marked
on the ground rs the eide lines Of the
location are in fact the side lines, and to
determine that question we must look
exclusively to the location and find out
what the defendant Foote located. be.
cause. il he located upon . lode that he
thought had . northerly and southerly
course and made his relocation accord
ingly. and the subsequent developments
proved that the locator was mistaken in
the course Of the lode, he would be
bound by his own mistake and governed
and controlled in his rights by the facts
as they are shown to exist, instead Of
what he thought existed st the time the
location was made.
"But whatever his claim may have
been. whatever bis intentions were, the
fact remains that the relocation was alb
solutely made upon q lode which rum
more east and west than north and
south. and the law steps in and declares
that his legal rights under this location
nus. be determined by calling what he
marked as the side lines the end lines Of
his location. This being true it follows
that be is not entitled TO any extra lat.
eral rights beyond his end line along the
western side line Of the Cosmopolitan.
"These views are conclusive as to the
present controversy between the respect.
i've parties. They apply as well to the
dumping ground claimed by the COM
plainants 10 TO the lode within the sur
face boundaries OF the Cosmopolitan
claim. The owner or owners Of the Bad.
ger claim under the location made by
Mr.. Foote, can only claim 300 feet on
each side OF the middle Of the lode To-
Gated by him. and IS thus limited it
does not reach any part or portion OF the
dumping ground Of the Cosmopolitan
Company. They are, of course, entitled
to all lodes, lodges. veins and deposits
Of mineral bearing rock, earth or ore, the
apex Of which is found within the limits
Of the Badger location as herein defined.
but they are confined in such rights to
she end line drawn down vertically along
the western side line Of the Cosmopcli-
tan; beyond that they have no right to
CO."
The decree Of the Court perpetuslly
e~njoins the defendants from taking out
ore from any ledge within the bounda-
ries Of the Cosmopolitan claim.