El Paso herald. (El Paso, Tex.) 1901-1931, 1913-08-30
MINING NEWS
COMSTOCK LODE is
APEX LAW ORIGIN
Law of ExtraIateraI Rights Is Often
Criticised But 1t Saved n Great
Mine Years Ago.
The Comstock Lode of Nevada

The COmstock Lode Of Nevada was
the origin Of the socaIled apex law
with its eXtralateral rights, and VIII
liam NJ Stewart was the author and
chief factor in creating the statute,
according to J. A. Simmons, a pioneer
miner. in an article in the Mining
World
Mining was begun on the Lode in
1859 when claims were stal1ed along
the Outcrop and strike Of the lode from
the Mexican mine on the north and
more than a mile to Gold Hill and be-
yOnd to the south. Six years later, in
1850. great values in silver and gold
had been demonstrated, shafts had
been sunk to considerable depth, many
reduction plants were in operation and
a large output OF precious metals was
being made Virginia City, everything
the lode and spreading out over the
foothills to the east, was an active,
busting early day mining camp.
Depth acquired by a long line Of
shafts disclosed the great dip of the
COmstOck Lode to the east which
would soon carry the vein with its
values outside of the eastern vertical
side lines of the original lOcatorS. The
the location of many claims on the
slope east Of the original location, ana
shafts were started thereon to inter-
cept the ore bodies on their dip.
There We're no statute laws what
ever at that time relating to location
and appropriation of claims on the
mineral lands. However, the code of
rules and regulations adopted by
vailed. and under this code all bound
airy lines of claims were supposed to
extend vertically downward from the
surface Claimants of precious metal
mines on the public domain had no
better title than negative possessOry
right. preSuming on the leniency of a
generous government and the prece-
dent Of "squatters" on agricultural
lands, for continued occupation.
Such were the conditions on the
ComstOck Lode in the year 1865. The
territory of Nevada had been ad-
mitted to statehood by proclamation of
president Lincoln on Oct. 81, 1854, and
the state legislative ASSEMBLY had
convened and chosen William NJ
Stewart and James w. Nye its first
United States senators.
Soon after his admission to the
senate he was made chairman of the
committee on mines and mining, and
became member of the committee
on territories and judiciary Later
he was also promoted to the chair
manship Of both of these last named
committees. It soon became evident
that the great and growing mining in
dustry had powerful champion in
the halls of congress.
Senator Stewards mfnina, hill beoa~,,
law and went into effect july 81
1866 The law recognized the loci
customs and codes of usage in noiniT'o-
IStllSIs, anu pOSSeSsOry rights ac
CURED hereunder; granted to locators
OF mineral claims the right 70 80
timber on the public domain for -
nestle and mining purposes; after de-
filming. lodes or veins as permaDe3t
rock in place. etc. the following Sig
n1ficant words were added. saT T1l2 -
with the right to follow sucb So Us gCn 81.
lode. with its dips. angles, and vari9-
tons, to any depth, although If ~
enter the land adjoining -i''''
+ta o Us vs. inc vital saving clause to
the original IocatOrs of the COmstoc11
enacted into law iii'' OSA
otWlthstanding the severe criticism
to which the law of extralaterai rights
mas mas oeen SUBJECTED of late years. at
lAe time oL us enactment A years