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

va
that the country between them is miner
allied.
II do not remember any evidence that
shows that this a between these
two veins is any more m~ineralized than
the country rock to the north and south
Of these veins. 1t is true. there has
been evidence that there are stringers
running from one vein to the other, but
his of itself would not max two sep
arate veins one vein.
Nov if you should find that the rock
is not mineralized between the two veins
in any other a and to no greater ex-
tent than the ountr rock to the north
or south Of these veins then you ought
not to class them as parts of one and the
same vein.
"A question is presented for the con-
sideration of the jury as to whether
there is a junction of two veins in the
Michael Dewitt ground above the ore in
dispute; one of these veins having it's
apex in the Rarus and Jamestown prem
Uses and the other In the Michael Dewitt.
You nave already been instructed as to
whether there is a lode passing out
from the north side line of the Michael
Dewitt into the Rarus and Johnstown
ground, and as to whether or not a vein
passes up and finds it's apex in the
Michael Dewitt ground, for the most part
beneath the line Of the east faul Or
transverse assure. You are now to con-
slider, not whether there was one vein
but two veins: one. as I have said, hay
ing it's apex in the Rarus and Johnstown
ground and the other having its apex in
the Michael Dewitt ground; If you should
find this state of facts, then the question
would arise as to who vas or is entitled
to the vein after the junction of the same.
1.-The evidence shows that the par
ties who obtained patent for the Rarus
lode made application to the United
States for their patent on the Goth day
of February, 1888; The evidence also
shows that the parties who obtained pat
ent for the Johnstown lode applied to the
United States for a patent for the same
on the 3rd day of March, 1888: it further
appears from the evidence that the par
ties who obtained patent for the Michael
Dewitt lode applied to the United States
for their patent on the 25th day of Oc-
tOber, 1888; it will thus be seen that an
application for a patent was made on
both the Rarus II YOUNGSTOWN lodes be-
fore the application for a patent was
made for the Michael Dewitt lode.
Under the law where two veins unite
the n whose rights are prior takes
the vein downward from the point of
junction.
1.-The rights Of the defendant dating
from the time when the application
/, was made for the Rarus n Johnstown
patents in this case therefore would be
entitled to aid Windlass vein from the
point Of junction downward.
Il him in considering the nature of
the veins or lodes concerning which
there has been evidence introduced in
this case, the jury should take into
consideration the evidence that most of
the ores found in what has been called
the Butte district. but more properly
speaking, the Summit Valley mining
district, are found in assure veins, and
it is in evidence that the liberalization
of the veins or lodes described in this
case has been produced by mineral solu-
tons coming up through crevices or fis-
sures and depositing the ores which have
! been found and mined: n O should
consider, SO far as it has been shown
the evidence, the existence and formation
on copper bearing lodes or veins in this
mining district, including the character
Of gangue or lode filling which is usual
ly or frequently found to exist in such
lOdes or veins"
Judge Knowles said that there had
been some evidence hat the section of
country in which the veins were sit
uated constituted a large ore channel or
zone. He did not recall any evidence as
to the boundaries of such a zone, n all
the definitions OF a lode pointed out that
it must have boundaries. There was some
evidence that all of the country rock in
that locality contained soyne copper
about ole-half Of one per CEN to the ION
He, continues:
"The mining statute of thu United
States. in authorizing the ioestor or
owner OF a lode to follow the same ON