Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1909-09-28
COMMENT ON APEX LAW.

number of articles appearing IN
periodicals present apex law
Many recommend that action should be
taken in regard American mining
to be held at Goldhed Some advocate tha the law s
repealed that the present law vicious and the cause
portion igaon others claim that the
administering of the law is bad
heartily There is and be no
and should be fairly Justly
and intelgently applied.
Who could have better right in all
who discovered and properly aked the ledge
vein? Certainly none Surely the one VINO mas dSco'ereu
ledge follow said vein dip
vein in its dip to sink on vein
has discovered ledge or vein
has staked the same surely
should have the right deprive
him of the fruits of his labor Our trouble ana usaon uo
defective law but from defective Judgment and app
States law is plain and concise
shall be located until after the
discovery of within the limits of the claim Also
plain mo claim shall extend
800 each side of the middle of the vein at the surface
which properly saked and where
the ledge has acquired
legal right to follow vein on its dip outside OF the Vca sue
which contains ledge or vein
claim staken then the claim
properly sae running parallel with the apex OF ne VEIN OF eus
each side of the middle of the vein or
before described the discoverer has
acquired the right legally and justly to follow the vein or ledge
though outside of the sdenes
his when claim saked where vein or ledge
has been discovered and some time subsequent to the stalking OF the
discovered said claim but said ledge
with said claim but running the
claim from side to side and dipping out OF the endne OF SAID a
stalker said claim has acquired lateral rights
there decisions handed down
from the supreme bench permitting the owner of such claims to
outside of the vertical end line of
about the apex law and no doubt uch decisions are
South Dakota and
the law defining plainly than the United
States law has done in regard to apex lateral rights Ana su laws
by the before mentioned states in conflict with the
the governing in their
specve states The following is an extract OF the law passed by
location or lode claim shall be
construed to include all surface ground within the surface lines
all odes Lodges throughout their entire depth the
which lines extended downward
vertically with all parts OF suc oaes or VEINS as commune 10 up
the sdelnes of the claim but shall not include
ton such lodges beyond the end lines of such
claim or the end lines continued whether by dip or otherwise OF
the sdelnes other than by the dip of the
Following explicit, the
conflicts with the latter
The ocators all mining locations heretofore made which
vein
public
with the laws the United States, with
regulations conflict with the
governing possessory title.
enjoyment all of the included within the
lines
their entire depth, the which
1odes or ,edsos nav CO Gov dnar+ fro ai, ~ that
downward outside
narts Of sucb veins or edges she no onsned - sh io
thereof lie between
through the endines of their locations
direction that such planes will ntersect such exterior
lodges"
The practice stalking regardless making any
discoveries whatever which
should be most severely censured If the
states following such practice would have legal right title
to the ground
degree reasoning anyone decide that claim
stalker had acquired
did not stake and could with better he
legal right to vein ledge which he did stake?
not For illustrations If has staked a ground
claiming that he has discovered lode and that he
aked and claimed 1900 feet the longitudinal the vein
lode 900 side
lode and later is found that
exists has that acquired legal right to that tract
domain which Certainly
holding such tract should he have lateral right such
lowing dips which outside
ta end line which subsequently be discovered said
think not For fuhur illustration will the
lode dppe at d degrees which dip the
through the vertical sideine of the claim
feet and In addition the
vein lode crossing claim within