Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-04-02
A Miners Opinion.

The following letter was received
this week in regard TO an account OF
a mining decision handed down by
Judge Gilbert OF San Francisco in the
circuit court Of appeals, which was
taken from an exchange and publish.
ed in the ARGUS last Wednesday:
Editor Fergus County ARGUS:
viii you kindly permit me to cor
rect a mistake made in your issue of
the 26th inst, in which you wrongly
interpret the effects of a decision re-
Gently made in a mining suit. From
the ARGUS report | conclude this case
to be the Montana Mining Co. limit
ed, plaintiff, and the st. Louis Min
ing & Milling Co., defendants; Judge
Gilbert of the circuit court of appeals
in San Francisco, handing down the
decision. So far as the ARGUS goes
in giving the opinion of Judge Gil
bert, there is nothing to warrant its
assumption that a miner can follow
his ore beyond the side lines Of his
claim. only where the apex shows
within the boundaries of his claim
and crosses the end lines. The AR.
GUS says: "A miner may follow a
lode down under the side lines of his
| claim providing II has its apex on the
ground and can be traced through the
emu lines of his claim, so long as he
finds ore to work in or wall to trace"
The ARGUS does not use the words
only where" but instead uses the
word providing" which | take to ex-
press the same meaning. with the
same effect, and II such are the AR
GUS contentious, 1t Is wrong. But
until the ambiguousness in the differ
ence between the meaning of the
words lode" and vein is removed
such mistakes will be too common
to justify criticism.
That question, however, has been
decided by the United States supreme
court and until 1t reverses itself will
stand. The title of the case in which
the supreme court rendered its decis-
ion was: Silas F. King, appellant,
and plaintiff In error, versus the Amy
G Silversmith Consolidated Mining
company, Justice Field delivering the
opinion. This case during its pen.
dency was the most noted case in the
country, and by agreement was sub
mitted to the United States supreme
court for decision, which overturned
all former decisions of the then terri.
torial supreme court of Montana. Up
to this time the Montana courts held
that where veins, lodes and lodges
were found to enter the side lines and
cut at the end lines the rights of the
owner to follow its dip ended at a yer.
teal plain drawn downward form the
point OF intersection. extending to the
same plain under the lines under
which the vein dipped. That is to
say, he could follow the vein until 1t
reached a vertical line drawn down
ward from (a) to (b) on a line from
% to (c), but when the dip of the
vein reached that point his rights to
follow terminated.
But the effect of the supreme court
decision Is that from a vertical plain
drawn downward from (a) TO (c) the
owner of the vein would have the
right to follow 1t to China II 1t ex.
tended that far.
Without any intention to criticise
the ARGUS or desire to pose as au.
thority on mining laws | submit this
statement without fear of successful
contradiction that 1t may correct n
probable false impression made by
your deduction from Judge Gilbert's
decision. Respectfully,
BRECK ORNBAUM.
Cave on the Abbey Property.
z.-. l..,.o..J