The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-26
DECISION WILL Be
VERY FAR REACHING
Utah Supreme Court Finding In
Grand Central Case
Wins Applause.
WILL BE AUTHORITY FOR
SOME YEARS TO COME
Opinion Eminently Constructive
and Greatly Assists SOlu-
tiOn NeXed Questions.

| In deciding the case of the Grand Cen
| trail against the Mammoth Mining COM
pany, tho Supreme court Of Utah has
given US a valuable treatise on the law of
mines, says the Mining and Scientific
Press. Not since Justice Field wrote the
decision in the Eureka Richmond case
have we had anything comparable TO 1t.
especially In clesrnetss of statement. In
fulneSs and breadth Of treatment and In
the vigorous way each Issue is exhaust
lively discussed and conclusively decided.
1t lis a decision that Will be welcomed
by tho mining community generally, and
that anyone with fair knowledge OF
mines can read and understand plain
and simple is the language. The Grand
Central won every point by mastery
defense-Cleverly conceived and ably sus
tnned. Best OF all, no one. unless blind
ed by interest, can read this decision and
not feel that the rightful owner OF tho
ore won
Mining Law Came to Stay.
1t is the custom to disparage the United
States mining law unfortunately. IT has
come to stay. and It will be well TO real
possible to amend the law in certain par
ticulars. but experience demonstrates that
every attempt TO substitute any other is
doomed TO failure, without assigning any
reason, the general run OF people Inter
ested I'm mines have again and again
shown that they desire no change In the
law however manifest 1t may be to care
ful students of the problem that the
law is radically defective In any event
an amended law could only be applied In
now mining districts.
1t Is a matter of congratulation that the
courts, especially during the last few
years. have displayed a steadfast intent
to conStrue and build up the law, by
series OF able decisions, which in time
Will define the rights OF the miner under
circumstances commonly arising. This
constructive policy is illuminated by Il
number OF decisions on apex rights, lead
ing up to the several DEGREES of the Court
OF Appeals in the St Louis-Montana case,
and also the late decision in the Stem
winder-Bunker Hill suits, adJudicatlnS In
holding the principle that the position of
the wall of a lode is a commercial one;
as was also decided In the case under re
view.
Utah Court Got at Facts.
The Supreme court OF Utah does not lay
bare the imperfcctions of the mining law,
but goes to work tc ascertain the facts,
to Interpret the law, and to determine
the rights OF the parties hereunder; In
short, the court takes the law as II exists,
and in settling the property rights of the
litlgauts, leaves us with a better and
broader understanding Of the meaning OF
the act of 1872 This decision is pre-emi-
nently constructive; we have had dcci-
sons which complicated, without Intend
Ing to do so. the Interpretation OF the act;
this one simpllties It 1T Is certain TO be
quoted at great length In the Judicatlon
of many issCes arising under the mining
law; particularly questions relating TO
discovery" and apex" and to the right
to follow n vein on the dip questions In
yolying the determination OF what con-
stitutes a vein or lode" and what are
It's boundaries.
Will Be Very Far-Reaching.
So far-reaching may 1t prove. I'm appli-
cation to legal conflicts constantly aris-
ing that many an attorney, wrestling with
knotty problems of this kind, In the wide
ly scattered mining camps of the West.
MAY truly say TO the Grand Central. In
the words of Rosalind to Orlando, Sir
YOU have wrestled well, and oyeTthrown