Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-06-04
Important l-,e-
gal Decisions.

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case of the Big Five Mining company,
which sought to condemn right of way
across the Christmas claim, in Spanish
Bar mining district, Clear Creek coun-
ty. The Supreme Court of Colorado has
denied all right of tunnel owners to
drive through the property of others to
reach their veins beyond, but in the in
stance above mentioned the Big Five
Mining Co. also claims to be a transpor-
tation company, and, therefore, COM
mon carrier, and consequently in a
sense a public utility. In some localities
the mine owner has been enabled to
condemn rights of way from his mine
over the surface of the property of 9th
ers to reach the nearest available means
of transportation, by means of what
has been legally termed Lateral rail
roads," but the law recognizing such
roads requires that they may be subject
to use by others, if required, making
them essentially public in character. 1t
has been held that in the case of mine
owner claiming the privilege to condemn
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purpose of transporting the product of
his own mine only; such use is of pri-
= vate nature and not applicable to the
law of eminent domain. The law has
reference to surface transportation, and
it is presumed that in the decision re-
Gently rendered in favor of the plaintiff
in the above mentioned case the court
considered that the law applied with
4 equal force to tunnels driven for pur-
pose similar to that contemplated in the
] law. -.'
= Another decision Of interest and i'm
I portance was recently made by the Uni
= ted States Supreme Court in affirming
! the decision of the circuit court of ap-
peals, in the case of the st, Louis M.
& NJ Co. of Montana and w. Mayger,
appellants, VS.. The Montana M. Co.
(Limited). In this case the St Louis
: Co. owned patented lode location, adj
Joining a lode claim, also patented,
: owned by the Montana Co. Within the
boundaries of the St. Louis claim was g
lode othec than the discovery vein hav-
ing its apex within the boundaries Of
=, the St. Louis claim, but in its dip pas
- sing out of the side line of the st. Lou
l., is claim into the Nine Hour claim
owned by the Montana Co. A crosscu
was driven 260 feet from the st. Louis
q, vein into the Nine Hour claim to reacl
o the parallel vein referred to- The cross
~. cut run horizontally through barrel
N country rock, and would not intersec
&c any other vein between the two know
lc veins. 1t was not intended by the st
,f Louis Co. to extend the crosscut beyon
10 the vein referred to, and only intende
10 to work this vein through the crosscu
c and workings already made on the dis
v covery vein.
ct The circuit court enjoined the furthe
40 prosecution of the crosscut, and the in
q junction was sustained by the circui
w court of appeals of the ninth circuit
co The st. Louis Co. appealed to the ST.
70 preme Court, which affirmed the dec
=, sion of the circuit court of appeals.
o. delivering the opinion of the court, Jus
o., tice Brewer said the situation and tn
n question could be easily presented b
IL considering the significant lines as line
,ls of right-angled triangle; the vein de
de scending on it's dip being the hypothel
10 use, the tunnel the base line, and tn
at boundary between the two claims til
90 side line of the triangle. The st. Lou
&c Co. being the owner of the vein ma
q pursue and appropriate the vein on i
nd downward course, although it eXtenC
I'M out side the vertical side lines of i
os claim and beneath the surface of tt
,ld adjoining Nine Hour claim, but IL
H. court denies the right to work the We
ID. from the vein lying back of it throue
m the medium of crosscut. 1t must
ice opened by a shaft on the vein from Il
ac- surface, proving the identity and CO
he tinuity of the vein throughout, as bot
in identity and continuity of a vein are i
,te volved in the exercise of the extrala
of eral right. To just what limitations Il
IF owner of a vein must confine himself
tn crosscutting and working the vein, We
ed system or zone, can only be determin
70 in each particular case by geologic
conditions. The law requires that,
of following his vein downward, the ap
Of proprietor must keep within it when
es- has passed beyond the plane of the 81
Continued on Editorial Page.