The San Francisco call., 1903-01-03

cannot always determine exactly. and, under
II he must hurry to head of other possible To-
Gators, he must often take for granted. The
apices of a narrow lode. especially In certain
conformatons of country, often deviate con-
siderably from a straight line, and it is often
easy at first to mistake their course, which Is
such as to pass beyond the side lines of
claim. We would then not have to look far Tor
complications.
Long extracts are given from an opin-
ion rendered by Chief Justice Beatty of
the Supreme Court of California touching
upon the law of the apex. Then Mr.. Da-
Wis comes to a general review of the mat
ter as practical miner. What he says
is given in part in the following:
COSTS REACH MILLIONS.
the right to follow his lode on the dip outside
vertical planes drawn through the surface
lines of his location must bring in its train
has sunk upon his lode become the de-
fendant at the instance Of some one who has
located upon his dip he ought generally with
out difficulty by means of his underground
workings be able TO prove his title TO his lode.
though the expense is often great on account
OF the necessity Of reopen1ng old works.
Where, however he has opened his mine
through vertical shaft and cross-cut to his
to sxn1d T tsnsands M and thousands of dollars
in work that is utterly useless to him for all
other purposes, simply TO prove the identity Oh
the lode he is working beneath his nelgnDOr
surface with the one he located. He cannot es-
cape the burden of this positive proof. for the
judicial construction that has brought US the
law of the surface has brought with 1t the
English common law accompaniment that each
locator has the prima-facie right TO all Verti-
caly beneath his surface.
Where another is mining upon the dip of his
lode, and he is seeking affirmative relief
against the conscious or unconscious tres
passer, he may not be able in the environment
of his own operations to make the satisfactory
other plans and interests. and do immense
amount of dead work until he sreaks IN
upon the tresDass. On account of peculiar sur
face boundaries he might be compelled, on the
analogy of bill of discovery, to apply to the
court for permission TO enter the works of the
trespasser and, at his own cost, make rum
ousy expensive uDraises to the surface, a per-
mission in many jurisdictions impossible to OBJ
tain in e roVg ention sne of the OF vexaou
delays, delays Which sometimes used by
the scoundrelly corporation trespassing to man.
| ifest its consciousness Of guilt by efforts OF
reorganization and the like, nor to the enor-
nous damage. often caused by the cessation
/ rendered necessary by the expense of the alb
lenormal amount of dead work useful alone for
the purposes of the litigation. The expenses
! rendered necessary by these cases and by tho+e
arising from mistakes in in & the ,d legation T OF {ae
/ ing into millions. Only the wealthy whether
/ corporations or individuals, can Indulge in t-.is
/ luxury.
Mr. Davis refrains from doing more
! than stating the facts as he sees them
to be.
ON MOTHER LODE.
The Sonora Independent says that a
rich strike is reported to have been made
at the App mine in virgin ground. At
the Dutch mine the twenty-stamp mill is
running steadily, day and night. The
mill at the Aazeppa mine is nearly COM
pleted. The Stokes quartz claim, near
Pedro Bar, that was owned by Thomas
( Donahue and P. J. Roquet, has been deed
! &c to w. H. McClintock. William King
has decided to M. ]. Curtin of Sonora the
King placer mine on the Stanislaus Riv-
er at Willow Bar. The shaft of the To-
| Iedo mine has been sunk 300 feet The
main shaft of the Rawhide mine has been
retimbered and unwatered to the 150O-foot
mark
The Densmore mine, near Columbia.
viii soon be running with a full force of
men. Scarcity of water for power pur-
poses caused a temporary suspension.
The Calaveras Citizen says that the
/ Western Mines Company, which recently
acquired the Foote &c Thompson mine at
Rich Gulch, is preparing TO operate on
an extensive scale. The ten-stamp mill
at the Oriole mine will soon be ready to
run.
Electric power is about to be extended
to the old town of Shasta by the Northern
California Electrical Power Company, and
the old Shasta mine, which is five miles
from Keswick, will be operated by cleo
tricity. The management of the mine has
contracted for 100 horsepower, as report
ed by the Redding Free Press. All the
machinery at the mine will be run by
electricity and the camp will be supplied
with electric lights.
The San Bernardino Sun has the follow
ing:
The largest recent mining deal on the coast
lacked a few days and $4,000 Of being con.
| summated during the past two weeks. The
property which figured in the deal was none
Searchlight Nevada in which Messrs Dunr
; & Black of this city are interested. Some
time ago the agent of an Eastern syndicate
paid big price for an option on the mines ant
mills. The purchase price was to be So, OOO, 600
Toward the latter part OF the period covered
by the option the reports from the mine
showed, that two or three more rich strike.
had been made and the owners were ''scare(
to death for fear that the Representative of th
l Eastern syndicate would close down the option
About the time the option expired the syndicat
2 also heard of the new strikes which had beer
made in the Quartet, and the members wer
frantic to secure an extension Of the option
The. owners however, had concluded that tn
mine worth more money than the origina
} amount asked and therefore turned down al
offer OF $4,000 for an extension Of the option
The old Polar Star mine in Nevad;
5 County will be reopened by a new com
pany that will be known as the Pola
Star Mining Company.
The Rising Sun mine in Placer Count,
Elay be operated by electricity. Bids 70
supplying electric power have been ad
vertised for.
D Frank Ballard has bought the Ironsi6e
r mine at Cherry Hill, in Siskiyou County
from E. d. Baker and J. d. Gray.
,