The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-08-03

claim not exceed 1900 feet length along the lode with
maximum width 300 feet each side of the middle the vein
at the surface apparent that the claim is not paaogram
also apparent that difficult tell which its end lines goes
without saying Pay testified he considered the lines between
and and those between and plaintiffs exhibit g. the end
lines of the caimhe north and south end lines respectively
These lines at ALL only by courtesy be called parallel
Between stakes and distance Of 100 feet and between
stakes and 800 feet stake foots
$50 feet from to is GOO from the place of
beginning $40 feet The Beehive designated exhibit
takes large portion of the Lemon mne the property of the
nteeno and the title which not involved in this action 1t
exceeds the limit allowed by 1920 u Revised Statutes but
vastly exceeds the width limit allowed the rules and regulations
of the miners of the district adopted for the last time February
3d. 1882 The rules and regulations offered in evidence for
certain purposes and admitted for that purpose Sec OF said
rules allow but 100 feet each side of the vein to each location
1t without hesitation regret the rules etc
admitted would they and have been but little
known and less observed by propecors and oao but
there evidence offered by terenor tending show the
duse into which the rules had fallen and effort prove they
obsolete and discarded the could other alternative
than to admit them evidence for the limited purpose for which
they offered Sec 1924 Revised Statute S. gives the
miners each mining district the right make regulations not
conflict with the laws of the United States State
That defendant entitled all of the ground covered by
the Beehive the Beehive taken strict conformity
with the OF the United States and State laws which is
evident from the testimony of defendant himself we'll from
the exhibits admitted Pardy stated under oath his object
the ground formerly covered by the Grndone claim and
some vacant fractions to the west
The Lemon mine neither is fraction, the Beehves
extraordinary lines overlap the from side line to side
go distance the side line of that claim
That defendant however, entitled mining claim of
dimensions equally clear from the findings and evidence The
the locator up ground than the law allows does
nvadate his entire claim In such the rule be
that the claim only void the In Rose Richmond
Co. 18th New 2 the defendant company contended the Uncle
Sam claim illegal and void for the that its locator took
up 200 feet than the law 1868 allowed The Court
the validity of the Uncle Sam location would be that vodabe
to the the 200 feet That taken to the u
Supreme Cour and affirmed Ia, U. S. 576
To the effect is Thompson Spray IA Pac. 1872
The question up in the comparatively recent of
McEgo Krogh 80 Pac S23 In this last the Granite
King oveapped considerable extent the Live Oak claim and
not only did, but confed with the Marposa grant and
patented agricultural land belonging Turner The lower
rejected land which the Granite King could
have valid claim said and held the location good
triangular piece of land within the limits of the claim and
sustained therein by the Supreme Court Says the Court when
he ocato includes within its boundaries than the law
entitled nevertheless hold the limit which the law
authorizes within the limits laid and only the territory
braced within his boundaries which of these limits
be rejected $685. S26 In this McEgo the end lines
not parallel Judging by the diagram accompanying the opinion
in either the claims the end lines of the Granite King
vegng toward the dip of the ven The lower court appears
for the Granite King the Supreme
Court held ait had the right to fix many
give the ocaors of the Live Oak the territory which
location and within the lateral rights defined
statute" ibid S26.
being able
opinion of this Court the defendant John Pady entitled
for all that portion of the Beehive claim marked and
plaintiffs exhibit up what shown by said exhibit
to be the side line of the Lemon mine and mining claim and
including that certain tunnel and tunnel right known the
tunnel and for Let judgment be entered accordingly
Done in open this Oath day of July, 1908.
PETER BREEN
District Judge Court of the State
Nevada in and for Eureka County