The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1912-08-01
THE LAW OF APEX.

The suit that is in progress Carson City, involving
questions of apex rights the National mining district
hem Humboldt county, which is attracting the attention
of mining engineers and biologists throughout the
try and which will have strong bearing upon the value of
mining ground and upon the mining industry long the
present laws governing the extraaera rights of mining prop
erty remain in force and effect Among the witnesses heard
support of the conflicting sides who regarded
the foremost experts in geology and construction
formation in the country and their opinions widely d.
vergen those of the renowned aensts who have e
fed or given expert opinions in famous murder trials
The entire apex matter resolves itself into question of
the opinion of experts who farther into the
ground than the veest yro Of ayman and who in the alb
sufficient development in the ground to positively dem
the presence Of adequately defined walls to determine
the limits of ven must of necessity resort expression
of opinion that not instances have foundation
other than guesswork The determining OF an apex and OF
the continuity of vein from it's apex not logically take
into account any extended displacement through fault action
lin point of fact the least displacement of this character has
lat times been held destroy the continuity of and to
nuy any claim for apex rights below beyond the point
o displacement Thus in the absence of thorough and
nuos opening of the ven such to afford nconestibe
proof that there is break fault throw to interrupt its
nuty the determination of the right to such vein is
largely and times in degree dangerous to justice left
within the discretion Of the courts which must be guided by
opinions of who be supposed to have qualified ex
lperts on geological construction.
lover apex rights and there little likelihood that any serious
difficulties litigation will arise in the future impede the
progress of development involve the mining companies in
Iexpense loss of production This has been largely arb
uabe to the fact that of the companies owning ground
the inside of proved of the district early realized
the wisdom of avoiding friction through this cause and
entered into permanent sde ne agreements by the terms
of which each bound pepetuy to recognize the VERT
ca boundaries of it's neighbours territory the Legal bou
diary Where there papabe evidence that the apex of
known vein covered the company owning the ground
would exact in it's agreement share of the production that
might be made in its neighbours ground under the apex and
this readily acceded to and regarded emneny fair
and equitable.
In most instances the mining claims of the inside district
located in such render remote the possb
y of dispute rights and many high authorities have
declared it to be almost impossible to establish claim apex
under the conditions prevailing here where the vein oma
ton greatly broken and auted and where chiefly
pockets chmneys lenses which seldom followed for
any great distance continuously in depth In the Tonopah
district while the veins uniform in construction there
is still large amount of fault displacement and there sim
liar condition prevails As to the wisdom fairness of the
apex law it exists mining divided but it is
question which opinion is naturally affected by in
terest and its final solution is apparently distant and involves
great dificulty-Goldfed News-Tribune