Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-07-09
Important Legal Decisions

A1AaPS9 essIAt s~CSuA OSSAoASAho'
Continued from first page.
claims where the course of the vein is
so variant from a straight line that the
end lines of the surface location are not
parallel, or, if so, are not at a right
angle to the course of the vein. This
difficulty must often occur where the
! lines of the surface location are made to
control the direction of the vertical
planes. The remedy must be found,
until the statute is changed, in carefully
making the location, and in postponing
the marking of its boundaries until eX-
plorations can be made to ascertain as
near as possible the course and direction
of the vein. In Colorado the statute
allows for this sixty days after the dis
covery of the lode. Then the location
must be distinctly marked on the
ground, and thirty days thereafter are
given for the preparation of the proper
certificate to be recorded Erhard v.
Boaro, 113 U. S., 527, 539. Even then,
with all the care possible, the end lines
marked on the surface will often vary
greatly from right angle to the true
course of the vein. But whatever in
convenience or hardship may thus hap
pen, it is better that the boundary planes
should be definately determined by the
lines of the surface location, than that
they should be subject to perpetual re-
adjustment according to subterranean
developments made by mine workings.
Such REIMBURSEMENT at every discovery
of change in the course of the vein
would create great uncertainty in titles
to mining claims. This rule, whatever
hardship it may work in particular cases
should be settled, and thus prevent, as
far as practicable, such uncertainty.
''The provision of the statute that the
locator is entitled throughout their en-
tire depth to all the veins, lodes, or
lodges, the top or apex of which lies
inside Of the surface lines of his loca-
ton, tends strongly to show that the
end lines marked on the ground must
control. 1t often happens that the top
or apex of more than one vein lies with
in such surface lines, and the veins may
have different courses and dips, vet his
right to follow them outside of the side
lines of the location must be bound bv
planes drawn vertically through the
same end lines. The planes of the end
lines cannot be drawn at a right angle
to the courses of all the veins if thew
are not identical.
While the statute requires parallelisro
Of the end lines, and the courts have
held that they may not be laid SO diver
gent rs TO include more in length upon
the dip Of the vein than is allowed in
length upon the surface, neither TIE
statute Or any decision to which our at
tention has been called, defines anv par
tlcular angle at which the end lines shall
cross the general course CT the vein in
order that the extralateral right qiven
by the statute may exist. And as said
by the supreme court in the case last
cited, where more than one vein apexes
within the surface lines, it would be
physical impossibility for the end lines
to be drawn at right angle to the
course of all such veins. And that the
extralateral right conferred by the stat
ute may and does exist without regard
to the angle at which the end lines cross
the general course of the vein has been
held both by the supreme court and nv
this court. Last Chance M. Co. v. TYLER
NJ. Co., 157 U. s., 6s3; Empire State
Idaho M. & D. Co. V. Bunker Hill q
Sullivan M. & c. Co., ia Fed. AIT. in
which last-named case the court award
ed the appellant Empire State-Idaho M
q. D. Co. the right to follow the vein
outcropping within the surface boundar-
les OF its San Carlos loctaion between
planes drawn down through it's end lines.
at almost if not quite as much an anola
to the general course of the outcron IF
the vein within its surface boundaries
as is the angle at which the appellee
herein was permitted by the court below
to pursue the segment of the vein here
in question.
The judgment is affirmed.
(Endorsed) Opinion. Filed Nav 81.