Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-04-30


and continuity OF the halo quartz
where the Siebert Faults influence
was not great; and what the extent
Of the halo quartz was before il was
sheared and crushed by the fault
II the halo is TO be included In
the vein, and geologically it should
be. this vein reaches now and did
reach all the surfaces TO which the
APPEAL facts are referabIe. Ii has,
therefore, along its crest and extend
ing above the anticlinal axis OF the
united main quartz bodies. a condi-
tion Of things that way well serve
as a terminal edge under the many
peculiar circumstances and facts OF
the case. And let il be kept in mind
here that this sort of geological ter
minal edge need be applied TO only
30 feet OF the vein ia the West End
Claim, for that is all there is of a
united vein west of the toe, or al
the very most only to the $50 feet
OF il extending west from the east
erly end-line of the West End Claim;
as against the remainder OF its length
in that claim. said in the answer tc
be HIS feet. and in all Ii need De
applied to only 500 feet Of crest line
in a total length OF 1000 feet. or more
strictly speaking. TO only 4S0 feet Of
crest line. for the remaining crest
line or anticlinal axis seems to be
assumed by both sides. which tde
halo may as safely be assumed to
accompany. both assumptions oper-
ating together. the habit of the vein
in the assumed territory being rea-
sonably inferable from its habit in
known territory and under known
conditions.
Two more questions of fact should
be disposed of
II is very strongly urged on behalf
Of the plaintiff company that this
vein has rolling habit Section G
is offered as rather conclusive on
this point This section is open to
criticism. not as TO its correctness,
but as to its location. 1t is taken
across that part of the vein where
the dip is the slightest, or very near
ly the slightest, and where the north
slope is largely absent. for which
reason it is hardly a fair illustra-
ton Of the habit of the whole vein,
as it gives less prominence to the
great ridge the vein itself exempli-
fies than il should The vein is
very irregular in size and very much
distorted and broken, but ii is al
most free of rolls. having only two
( worthy of notice, one easily account.
ed for as a phenomenon Of junction
with the Fraction Vein and the other
as a result of number of small
faults lying close together.
Z Much time and attention was giver
to the question of strike. As a mat
ter of common sense rather thar
technical mathematics the strike o.
the vein as a whole is easterly anC
westerly, and the strike of its tive
slopes, assumed for the purpose tC
be separate veins. is as claimed b.
the West End Its so-called mathe
NAUTICAL strike is rather uncertain
depending on how far into the Gail
foTnia the selected northerly point
taken and If the vein may be az
sumed to be extending westerly il
that claim or in the Extension ground
which some of the witnesses strong
ly limited, even the mathematical
strike may be swung well into al
easterly and westerly approach t
parallelism with the general strik
claimed by the West End people
(Juessen, 203; Chandler, 25S, 259
Searls, 9S3.)
Now the questions of law Can
vein have extralateral rights in tw
opposite directions? Or to express
more carefully, can extralatera
rights extend downward from a
anticlinal axis or common apex of
vein in a given claim beyond bot
side-lines OF the claim? The answe
depends upon the peculiar facts O
the case: and in this instance, be
cause of those peculiar facts, n
vein, though one, being practicall
more two than one. they can; or b
Treating it as one vein for both thee
sretieal and practical purposes, a con
dition exists along its crest or axi
which gives to the vein. considere
broadly and as whole, a termina
edge at the summit or highest poin
or line of highest points where tn
vein reaches most closely to the SUI
face, making that line of highes
point true apex for the whole weir
from which apex the vein can b
followed downward both northeil
and southerly.
Can a secondary vein have
southerly extending extralatera
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