The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-09-04
THE ORIGIN OF THE
PRESENT APEX Law
1T HAS CAUSED MUCH LiTtGA.
TON, BUT HAS STOOD THE
TEST FOR AZ YEARS.

eering World of August 25 is a story
| of the origin of the Apex Law" and
covering practically the beginning of
lode mining law in the United States.
1t Is written by Major J, A. Simmons,
n pioneer prospector on the Comstock
In its beginning several years before
the civil war and who was a staunch
friend of Senator William NJ. Stewart,
elected as one of Neyada's first United
States senators. The story Is illustra
ted with a picture of Virginia City, at
the foot of Mt Davidson. There are
also pictures of Senator Stewart, TAX
en- about 1865, and group of three
Judge William II. Clagett well known
here in the early days of the Occur
d'Alene, as the silver tongued orator"
Samuel l.. Clemens MARK Twain,
who began his literary career on the
newspapers of the famous old camp,
and the author of the story, Major
Simmons. Judge Clagett, then young
attorney was prominent in public at
fairs of Nevada, He was member of
the first Nevada state legislature and
aided in the election of Senator Stew
art
In 20 years service in the United
States senate William NJ Stewart
probably did more than any other man
in framing mining legislature. On
the supreme bench by appointment Of
A 4, I Ind I
Field of California, did more than any
other man toward interpreting mining
law
Following is the story of the apex
law:
Mining Begun in 1889.
THE Comstock lode of Nevada was
the origin Of the so-called apex law
with it's extralateral rights, and Will
liam NJ Stewart was the author and
chief factor in creating the statute.
Mount Davidson, prominent ele-
walton on the eastern flank of the ST.
ezra Nevada mountains, forms the foot
wall of the great Comstock lode, which
courses northerly and southerly along
the eastern base of Mount Davidson,
and dips east into the foothills at an
angle of As degrees.
Mining was begun on the lode IN
1859, when claims were staked along
the outcrop and strike Of the lode from
the Mexican mine on the north more
than a mile to Gold Hill, and beyond
lat ty1
great values in silver and gold had
been demonstrated, shafts had been
sunk to considerable depth, many re-
duction 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 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 sit
uation was further complicated by the
location of many claims on the slope
east of the original locations and
shafts were started thereon to inter-
cent the ore bodies on their dip.
Entire Absence OF Mining Laws.
There were 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 min
ers in various districts prevailed and
under this code all boundary lines OF
claims were supposed to extend YER
! tically downward from the surface.
Claimants of precious metal mines on
the public domain had no better title
( than a negative possessory right, pre-
suming on the leniency of generous
government and the precedent Of the
"suuatters" on agricultural lands, for
continued occupation.
"Such were the conditions on the
Comstock lode in the year 1865. The
territory Of Nevada had been admitted
to statehood by proclamation of Presi-
dent Lincoln on October 81, 1864, and
the state legislative assembly had con-
vened and chosen William NJ. Stew
art and James w Nye its first United
States senators.
William M. Stewart.
"Mr. Stewart came from California
to Nevada in the Comstock stampede
of 1853, and located in Virginia City,
in the practice of law. Senator Stew
art was a giant in intellect and stat
ure, a commanding personality Of s
feet inches in height and carried
over 200 pounds avoirdupois. He wore
long full beard of auburn red hue,
that in later years during his long SER
vice in the senate turned white as the
driven snow.
"The forceful, tenacious lawyer in
the habit of doing things. and accom-
plishing his undertakings by force nj
open argument and impelling person
atty, with host Of clients, was now
TO abandon highly lucrative practice
and transfer his activities to the SEN
ate of the United States. Senator
Stewart was impelled by a great am
'bition to write into the statutes law
for the relief of his immediate con-
stituents on the Comstock lode and