Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

reaches the surface. x * x II
may not be the highest point OF d
vein, as such highest point may be
found in a swell OF the vein" Shamel-
Mining. Mineral & Geological Law,
1913. l07.
The top or apex of a vein Or lode
is the highest point thereof and may
be at the surface OF the ground or at
any point below the surface; the end
or edge of q vein nearest the sur
face" Mines and Minerals. p Cys.,
537.
The end or edge OF a vein nearest
the surface" Raymond-Glossary OF
Mining and Metallurgical Terms.
Trans. Am. Onst. NJ. E, Vol. TX, p.
lO2.
1t is quite manifest, we think, that
all the definitions quoted are consid-
ering the ordinary form OF vein.
Definitions given by text writer's are
usual" based on court decisions, and
like such decisions are TO be consid-
cred with reference to the facts upon
which they are based.
From section 800 OF L.indley on
Mines. We quote:
"Webster defines an apex to be
the top, point, or summit OF any
thing
"Compilers OF dictionaries which
have made their appearance since the
act under consideration was passed
have not been particularly lutjd i'll
their definitions For instance:
"Standard Dictionary:
"'ll) The pointed or angular end.
or HIGHEST point. as OF a Dyranii'
>pire. or mountain; extreme point;
tip; top.
- The vertcx OF a plane OF solid
angle.
The highest point OF a stratum:
a. 4 coal seam
"Crntury Dictionary:
"'Cll The tip, point. or summit
OF anything. In geometery, the an
gular point OF i cone or comic sec
ton. The angular point OF atrlangle
opposite the base.
"'(2) In geology, the top OF al
anticl;nal iold OF strata. This term,
as used IN United States Revised Stat
utes. has been the occasion OF much
Irrigation. 1t is supposed to mean
something nearly equivalent to out
crop; but precisely i'll what it differs
from ourcrop has not been, neither
does it seem capable OF beng, dis
tlllCtlN MADE OUT.
"Evidently the courts even now car
receive but little assistance from the
photographers"
1t appears. however. that the Cen
fury Dictionary, in an effort to give
i comprehensive definition, regards
the top Of an anticinal 1OlG OF strata
as all apex.
Counsel for appellant. in their brici,
say:
~"Probablr the most interesting and
instructive OF all the adjudicated cases
IS the. pioneer case OF DuY.an vs..
decision OF the Supreme Court q!
main. the opinion given by the trial
scutation Of the law, and while an an
~ticl:nal roll was not there involved,
several expressions Of the court are
we'll worth quoting in support OF our
contention that a terminal end or
edge OF a vein j. an essential element
OF apex definition
1.-The definition OF the top or apeN
OF 4 vein usually given IS the end OF
edge OF a Vein nearest the SURFACE
* Justice Goddard. a Jur
ist OF experience in mining law. in Iii,
charge to the jury in the case OF Iron
Silver Vs. Louisville, defines top" or
apex" as the highest or terminal
point oi a vein where ii approaches
nearest the surface OF the earth and
where ii IS broken on its edge. so as
to appear to be the beginning or end
OF the vein
Some expressions OF the court used
just nrior to the language last quoted
are instructive:
The definition 81 the top or apex
OF a vein usually given Is: The end
or edge OF ! Vein nearest the sur
lace: and to this definition the de
PENDANTS insist We must adhere with
absolute literal and exclusive strict
ness, St. that wherever under any cir
cumstanccs. ar edge OF a vein can be
found at any surface, regardless OF
all other circumstances that i to be
considered as the top OF apex OF the
| VEN. The definition
| given is no doubt correct under most
| circumstances. but like MANY other
! definitions, is found &c lack fullness
and accuracy in special cases: and
do not think important questions OF
law are TO be determined by a slavIsh
| adherence to this letter OF an arb
trarv definition. 1t is indeed difficult
70 see how any serious question could
have arisen as TO the practical mean
ing q the terms top or apex but
I seems in fact to have become
somewhat clouded. | apprehcnd i
any intelligent person were asked to
point out the top or apex OF a house.
4 spire. a tree, or hill, he would have
no difficulty in doing so, and do not
see why the SAME sense
-hould not be applied to a vein OF
lode
in the Duggan VS.. Davey case, the
question was whether an exposed sid,
OF a vein caused by erosion or some
rther agency, upon which locations
we're made, constituted the apex OF
the vein. The question was substan-
TALLY the same a. that involved il
the Stewart-Ontario case. supra. The
same contention appears TO have been
made in this case based upon the