Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-07-09
Important Legal Decisions.
[From the Mining and Scientific Press.
Continued from last week.

The case showing that the lines orig
ipally located as the side lines of the
claim are parallel and it appearing
from the findings that the apex of the
vein or lode in question crosses those
lines, they become in law the real end
lines of the claim, under the well-settled
doctrine upon that subject. Flagstaff M.
Co. v. Tablet, SO U. S. 1853; Argentine
M. Co. V. Terrible M. Co, 122 u. S. 478;
Del Monte M. & M. Co. V. Last Chance
M. Co., III U. S. 55; Tyler M. Co. V.
Last Chance M. Co. II Fed. 849; Tyler
V. Sweeney, 70 Fed. 277; Last Chance
M. Co. V. Tyler Min. Co., 157 U. S. 683;
Empire M. & M. Co. V. Tombstone M.
& M. Co., 100 Fed. 910; Cosmopolitan
M. Co. v. Foote, 1O1 Fed. 518; Bunker
Hill & Sullivan M. & C. Co., V. Empire
State-Idaho M. & Co., 100 Fed. 538a.
1t is further and streneously urged on
behalf of the appellants, that the ap-
pellee, in following the vein under
ground between vertical planes drawn
downward through it's adjudicated end
lines, does so more upon its strike than
upon it's dip; and this, it is insisted, is
not permissible under the law. In re-
spect to this matter the master made no
findings, holding it immaterial, as did
the court below, and confring his find
ings in that regard to the fact that the
course of the vein was downward be-
tween the end line planes fixed by him.
The extralateral right to a vein OF
lode outcropping at the surface, where
it exists, is fixed by the course OF
the vein or lode at the surface, and
not by its course on a level. ''We
do not mean to say that vein must
necessarily crop out upon the surface
in order that locations may be properly
laid upon it, said the supreme court IL
Mining Co. V. Tarbet, SO U. S. 46S. 'I1
it lies entirely beneath the surface, anC
the course of its apex can be ascertaineC
by sinking shafts at different points
such shafts may be adopted as indicat
ing the position and course of the vein
and locations may be properly made OF
the surface above it, so as to secure {
right to the vein beneath. But where
the vein does crop out along the surface
or is so slightly covered by foreign mat
ter that the course of its apex can bC
ascertained by ordinary surface explore
ton, we think that the act of congress
requires that this course should be sub
stantially followed in laying claims ant
locations upon it. Perhaps the law i
not so perfect in this regard as it nigh
be; perhaps the true course of veil
should correspond with it's strike, or tn
line of a level run through it; but thi
can rarely be ascertained until consider
able work has been done, and afte
claims and locations have been fixed
The most practical rule is to regard tn
course of the vein as that which is indi
Gated by the surface outcrop or surfac
explorations and workings. 1t is O
this line that claims will naturally b
laid, whatever be the character of tn
surface, whether level or Inclined"
In the subsequent case of Iron Silve
Mining Co. V. Elgin Mining Co., 118 Z
S. 1876, 206, the same court after quot
} ing section 1922 of the revised statute
: said: ''This section appears sufficient
+ clear on its face. There is no patent c
, latent ambiguity in it. The locator
have the exclusive right of possessio
? and enjoyment of all the surface incluC
ed within the lines of their locations
2 and the location by another sectio
must be distinctly marked on the groun
so that it's boundaries can be readil
traced. Rev. Stat, > Sec. 1924. The
: have also the exclusive right of posse!
t sion and enjoyment of all veins, lode
n and lodges throughout their entii
+ depth, the top or apex of which lies il
;, side of such surface lines eXtende
u downward vertically, although sue
S veins, lodes or lodges may so far depa
S from a perpendicular in their cour:
o downward as to extend outside the We
y tical side lines Of said surface locations
! The surface side lines extended dow
~ ward vertically determine the extent
n the claim, except when in its descel
e the vein passes outside of them, and Il
V outside portions are to lie between We
G tical planes drawn downward throue
the end lines. This means the end lin'
Z of the surface location, for all location
S are measured on the surface.
e ''The difficulty arising from the Sc