davidaulloa/AmericanStories huggingface dataset:
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

The location wouldi embrace a full
claim 1900 feet by 900 feet except
ing for the excluded area embraced
within the two t%riangles 8. 5a, 4 and
/, Ia, 8. The lines 4. 5. and /. s are
parallel. While the plat and field
notes, accompanying application for
the patent, are not in the record, it is
probable that they would disclose
hat the surface boundaries Of the
claim as located would include the
two triangular pieces OF ground
above mentioned, and that the same
were excluded from the patent ap-
pEcation because in conflict with
prior existing locations. In every
great mining district locations are
made from time to time in every
direction and a map OF such a dis
trict presents a confusing mass OF
conflicting boundaries. In locating
upon or across portions Of prior ex-
isting claims in order to secure par
allelism OF end lines and thus secur
to himself extralateral rights. Del
Monte Case, III U. S. IS.
While a locator, prior to patent as
we'll as after patent, may have no
greater extent of extralateral rights
than the extent of the vein within
the boundaries Of his surface rights,
e Lindley. See. $40, he may, prior
to patent, have his extralateral rights
determined by planes parallel to
passing through his located
end lines. even though one or both
of such located end lines are upon
the surface ground of contiguous
prior claims owned by other parties.
is the rule of the Del Monte
md other cases. What reason, then,
IAN exist in support OF q proposition
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

us, no reason why such a thing
should be. Certainly the securing OF
a patent to a location ought not to
leave a locator with less rights than
he had before. That the mining laws
are to be literally construed in favor
of the locator is a proposition now too
we'll settled to need a citation OF
authorities. To hold that simply be-
cause the boundaries Of a surface OF
a patented claim are SO irregular in
shape as not to present parallel end
lines due to exclusions of conflicts,
extralateral rights are lost, is to
place upon the statute a construction
contrary to its purpose as that pur-
pose has frequently BEEN enunciated.
Lawson w. S. NJ. Co.. 2O7 y. S. /;
2 Lindley. Sec. 5S4.
Even ii this is a more liberal con-
struction Of the statute than is war
ranted, which we think it is not. new
ertheless, SO far as this particular
case is concerned, it cannot. we think
be said that the patented surface area
OF the West End claim does Q pre-
sent parallel end lines. The end lines
|. 3 and 4, ) are each part OF the or
riginal located end lines. They should,
We think. still be considered end lines
anu lHe tiut SIu INKS u Tic pdlCiitcu
claim. To so hold requires that the
line 3, 4 be regarded as a side line
rather than as a part of a so-called
broken end line. We think it should
be so regarded. Side lines are not
required to be parallel. No RUE can
we'll be applied governing courses
and distances OF side lines other than
that they shall not be so laid as to
increase the statutory width or
length of a claim. The line |, s is
conceded to be an end line. But if
the line A.. 5 is not also an end line
but rather a part of i broken end
line, is drawing a rather fine dis
tinction to say that the lines 3. 4 and
4 ) are parts Of a broken end line
and that the lines !, 8 and s.. l are
not. The difference is only in the
degree OF the angle and the length Of
the lines-a difference which has no
reasonable basis upon which to sup
port a distinction.
We think the ruling that the line
4, ) is the westerly end line Of the
West End claim finds support in
both reason and authority. Walrath
v. Champion NJ. Co., III i. S. 2o3.
We come now to a consideration
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

NIT or crest OF the anticlinal fold
does not present a terminal edge as
is the case OF the ordinary form Of a
assure vein, in our opinion, would
do violence to the spirit, if not the
very letter, OF the statute. The well
settled policy Of the courts is to ON
strue the statutes literally in the in
terest OF the miner. 1t has been de-
termined hat if the locator by in
advertence places his location cross
wise instead of lengthWiSe OF his vein
he does not lose his extralateral
rights but his side lines will be re-
garded as end lines and vice versa.
Sc too, If his vein crosses an end and
a side line, he will be given a new
side line Tor purposes Of determining
the extent Of his eXtralateral rights.
SO too, in the matter OF discovery.
the first essential to a valid location.
the extreme liberality OF the courts
has been manifested in hundreds OF
cases.
II a locator finds his surface
boundaries embrace the apices OF two
or more valuable veins, he is simply
fortunate the same as the locator
whose single ledge is more valuable
than the one of his neighbor. The
statute makes no distinction between
rights of locators based upon the
value OF the discoveries. Such dis
tinctions are o within the policy OF
the statute.
The only difference between a vein
in the form of a single anticlinal fold
!, and the ordinary assure vein is that
the former has a crest. the limbs OF
which dip in opposite directions,
while the latter has a terminal edge
and a dip i'll but one direction. But
this distinction presents no differ
ence such as would violate the pur-
pose OF the statute if the crest OF the
! former. like the terminal edge OF the
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

1t is apparent that no eXtralateral
rights could attach to a horizontal
vein, as represented in sheet "a. be-
cause such vein has no course down
ward as prescribed in the statute.
Such a vein has a top, if not an apex.
In the strict sense OF that word. and
will support a valid location. Why
a synclinal fold should be said to
have two apices and an anticlinal fold
have lone, is not SO easy to find a
reason tor unless We accept as con-
elusive appellants contention that a
terminal edge is essential to a true
definition of the word APEX" as
used in the statute. The words ter
ninal edge" are not used in the
statute, nor have they been Of uni
versal use in defining an apex. The
great majority OF veins have terminal
edges and in all such cases the apex
OF the vein is its terminal edge. II
veins in the form OF a single anti
clinal roll were the rule rather than
the rare exception, we are of the
opinion that d contention that a ter
inlnal edge was essential to an apeN
would be as rare as the character OF
the vein now in question:. 1t has been
repeatedly said by courts and text
writer's that the words top ana
"apeX" were not a part OF the miners
Technology prior to the adoption OF
the federal mining statutes. They
were words used by legislators to
convey the intent Of the trainers OF
the statute. There is no controversy
regarding the general purpose and
intent Of the mining statutes. The
government as a matter OF public
policy was interested in the develop
llent OF the mining resources OF the
nation. It offered to the ~prosDector
and miner the most liberal reward
for his enterprise in discovering and
developing the hidden treasures o.!
the earth. 1t gave him the exclusive
possession of the surface OF every
valid location made placed 10 limit
upon the number of such locations:
gave him all veins, lodes and ledge
throughout their entire depth. the
top or apex of which were within his
surface lines: it eXacted no price for
the land as condition precedent to
mining operations; and placed no re-
5trictions upon him that were not
consistent with the public purpose
such as requiring a minimum OF
labor as an evidence OF
good faith To say that a miner
fortunate enough to- discover a
valuable vein in the form OF a
single anticline shall not have
extralateral rights upon each limb OF
his vein because forsooth. the sum-
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22
OPINION

BY the Court, NORCROSS, c. J.
This case presents two main ques-
tons of law, to-wit:
First. Whether the fact that the
westerly end line Of the surface area
of the West End claim as patented
being not a straight, but a broken
line in and of itself deprives the OWL
er of that claim OF extralateral rights
upon any vein apexing therin.
Second. Whether, within the
meaning of the Act of Congress, the
crest or crown OF a vein which is
found in the form of a single anti
cline may be regarded as the top or
apex OF the vein, and extralateral
rights exist upon such vein IN OPP
posite directions.
The answer to these questions
must be found in an interpretatio,
Of that portion OF the mining act
which contains the grant OF extra
lateral rights and which reads as
follows:
The locators OF all mining loca.
tons x x * shall have the ex.
elusive right OF possession and enjoy.
ment of all the surface included with
in the lines of their locations, and o
all veins, lodes, and Lodges through
out their entire depth, the top o
apex Of which lies inside OF such sur
face lines extended downward vertrc
ally, although such veins. lodes, o
lodges may so far depart from a per
pendicular in their course downward
as to extend outside the vertical sid,
lines OF such surface locations. Blu
their right OF possession to such out
side parts of such veins or ledge
shall be confined to such portion
thereof as lie between vertical plane
drawn downward as above described
through the end lines of their loca
tons, SO continued in their own direc
ton that such planes will intersec
such exterior parts OF such veins o
hedges. And nothing in this section
shall authorize the locator or posses
sor of a vein or lode which extends i
its downward our beyond the Yer
teal lines of his claim to enter upol
the surface OF a claim owned or pos
sessed by another. (Section 1872, l
s. Rev. Stats.)"
The following diagram shows tn
relative position Of the surface bound
aries of the patented West End 10
cation:
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

that because such owner obtained a
patent for his claim he must forfeit
extralateral rights because in his ap-
l~rcation for patent he excludes areas
in conflict. with prior claims, result
ing in patented surface boundaries Of
IRREGULAR shane. there is. it seems to
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

right attaches only to mining claims
possessing straight end lines"
The following diagram represents
a cross section of the vein where the
two limbs have been shown by devel-
opment work to be united at the crest
of the anticlinal fold.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

Curtis II. Lindley, William E. Col
by, Hugh H. Brown, J. H. Evans,
Attorneys for Appellant.
Peck, Bunker & Cole; Dickson, Ellis,
Ellis & Schulder; Cheney. Downer,
Price & Hawkins; Horatio Alling,
II. II. Atkinson.
Attorneys for Respondent.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22
NO. 2.195
IN THE SUPREME COURT OF
THE STATE OF NEVADA

JIM BUTLER TONOPAH MIN
ING COMPANY, a corporation,
Appellant.
VS..
WEST END CONSOLIDATED
MINING COMPANY, a corpora
ton,
Respondent.
, 1916-11-25

owe their lives to precautions taken by the
Germans and the skill with which their
operations were carried out. In respect to
two of the remaining steamers in question
the German Government states that they
were not sunk by German forces and main
tanned that the Antwerpen, the third steam
er was destroyed in full accordance with
the rules OF International Law. The Ant
werpen was built at Newport News for the
Sta ndard Oil @, mpany and was on her
maiden trip to London when she was sunk.
She was a vessel If II 800 tons.
The Arvada enterprise., 1916-12-28
NO LONG WATTS
WHEN AMERICAN
QUARTET PLAYS

The American Quartet, which
Is to give u concert here on the
Iyrcum course, is noted for It's
snap aud versatility. The pro.
gram lasts about an hour and
half aud there Is never n lcl.up.
No lIr"sumc waits mar the en-
lcrialumcnl, aud there Is enough
variety aud sufficient musical
talent 10 satisfy the most critical
IN the series Of sketches to be
given by Clayton Conrad, ear
lOuuIsi, are several comic num-
brrs, such as "Thc American Game
Of Bawl " and Things Left Tn
done. 90 Ills flute limitations also
ara great hit.
The other members Of the quar-
iri Nossrs. l.. T.. Gilbert, T.. T..
Fairrhild and j. VI, Sawyer, pos.
srss musual talent, fundamentally
and yoraIly.
This splendid lroup Of entertain.
ob wit b" at the Presbyterian
church ucAt Thursday night, Jan
nary tn.
The Arvada enterprise., 1916-12-28
M. E. Church Notes.
Sunday Dec. 3lSt.


10 a. m. Sunday School, This
is the last Sunday in the old year
lets us get a good start for the
New Year. Keep up the same
beautiful spirit and zeal so album
dant in the fine entertainment
last Saturday evening. Let's
have 200: Parents bring your
children.
II a. m. A New Years Sermon
This is good time for New reso-
lutons, as we are about to turn
over Il new leaf in The Lifes re-
cord We Are Making The hope
of this sermon is to help every
body make 1917 the best year of
your life. Its glad cry will be
"A Happy New Year TO All. y
6:2O Epworth League. Subject
Beginning All Over A.. ain.
Phs. 3 l2-l5,
1880 p. m. sermon by the pas.
tor on Jesus and the Magi"; or
How to find Christ, and what to
bring him. =" Read the Bible and
Ben Hur on The Journey of the
three Wise Men," Bring your
| friends and hear the sermon.
With this sermon The Metho-
dist revival begins. Many people
have promised God to give Janu-
lry in an earnest effort to save
souls. We invite and urge every
believer in God to Join us in
these special efforts. God bless
all Of the churches! God help
every lover of Jesus Christ to so
work in this revival that you viii
win some soul or souls for Christ.
Pray much! May the blessed
Holy Spirit help you to help some
body. All glory be to Jesus,
whose we are, and for whom we
i've and work.
| These are the sermons for the
week.
Monday night. The prodigal
Son"
| Tuesday night. AN Earth
quake, and what it did"
| Wednesday night, THE Mira
Gle of Christ ianity."
Thursday night. The Great
est Problem ever Propounded. "
Friday night. "A Door, and
What's Inside. "
No announcement yet for Sat
urday night. Everyone of these
sermons will be illustrated by
some incident in the PASTOR own
life, or in some life that he has
known. Everybody is invited and
urged to attend these revival
meetings.
The Arvada enterprise., 1916-12-28
+ Word to Our Readers.

On January ! ST. the subscrib.
ars Of the Enterprise who are in
arrcars will receive statements
showing the dates OF the ey.
niration or their SUBSCRIPTIONS
The increased cost Of nrint naner
and nil ,rinting materials have
,,,,,l,, :, ,,,,'s.,,... r,.,. ,,.' - t,.;,,
maui u "'''s''" y ,"' Va " D'''R
our subscription list TO as nearly
Il I"S'' III ''"'""I1 '"s'' do poSS'
loIe. IhoSe "h" receive state
mcuta will please remit at their
earliest convenience on we shall
h.ro.ap.,I.d IN discontinue ,h.
,,..'.., ,.I....,r -.
paper an" ',"' '''' '''P' 'Iect'H.
AIRY To collect amounts due to
date. From time to time we
The Arvada enterprise., 1916-12-28
ITEMS LOCAL AND PERSONAL

Senator Wesley StaIey and wife
entertained IN tneir very hoSpIJ-
able manner ur. L. l" Foster
and family y. II. StaIey and
family, Mr.. and Mrs. W, +. Len
mart, Roy StaIey and Mr.. Miller
OF Denver one OIL Bryan SchooI
chumS' at CHRISTMAS dinner
Quite q number of the pool hall
proprietors in Denver were duped
by a Turkey Rattle" syndicate
who D. etended 10 have a contract
with the Swift Packing Co.. to
lurh'Sh the turkeys upon preSen-
tallon oil Ihe tickets. Inc pool
nan men Were TO &ey a percentage
Iof @el''"E 'he NUMBERS on
punch ooaf"' just the Gay be-
anJ .,,I.nt,d ~, ,a,n@,, ,,,h;.L
had l,or c,II,.roi r,,r, .hana',
..,d nail H., .,,,.,,,,.i,,...,., ,,,,;,.,,l,.
c,nta~, vyho, t,a I,..y',, a,,-,
,..osont,J tb,;. ,,,,I., r,,. ,a
The Arvada enterprise., 1916-12-28
Thursday
January 4th, 1917
THE AMERICAN QUARTET.

The American Quartet and Clayton
Conrad will render a program consist.
ing of both vocal and Instrumental mu-
sic, interspcrscd with cartoons, just
such Il program as Lyccum audiences
delight in.
The instrumental music will be pre-
scented by three members of the quartet
on the violin, cello and piano.
The length Of the program will be
about one hour and forty minutes, one.
half hour being devoted to the work of
Mr.. Conrad, the cartoonist.
Clayton Conrad features speech in
drawing his pictures. His experience
in newspaper cartoon and commercial
art work, combined with fine ideas OF
The Arvada enterprise., 1916-12-28

Sunday evening. the choir
under the direction of Mrs. l..
X. Elliott, gave splendid mus.
ical program which was apprec.
lated by the large audience pres
ent. The choir did splendid
chorus work and especially good
was the singing of Holy Night
in the distance. without accomp-
animent. Mrs. Elliott and Mr..
Newcomb. who have delighted
the BAPTIST congregations with
so many beautiful duets, never
were heard TO better advantage
than in Room IN Ny Heart for
ThM' by Wilson. The beauti.
full Jew Christmas solo. THE
Gift by Behrcnd was sung in q
splendid way by "Iss Madgc
Yeager. The pastor gave q
helpful address on the First anC
Second Coming Of Christ" anC
. the service closed with the bene,
diction. Now the Day is Over.
seeing by the choir.
The Arvada enterprise., 1916-12-28
BAPTIST CHURCH,

ilbln school hl biIb u. m.
Morning sermon by the pastor
on "Thc Church Its Character.
idics.
The Young Peoples meeting
win be- lod by Miss Olive Watson
who Is home for the holidays. The
pastor b tall, viii be- on "Thc Bible
and Modern Discoveries. "
N the evening service il is
hoped that Rev ". a. ripkn viii
be- present aud preach.
The Arvada enterprise., 1916-12-28

At the Baptist Church Saturday
evening the Sunday School gave
a splendid program in the form
of white Christmas or gifts
for the King. The church was
artisticaIly decorated. The CEN
ter Of the platform holding the
white Christmas tree covered and
studded with tiny colored lights.
The program unde' the direction
of Mrs. Pariit, Miss Marguerite
Goodman and Mr.. Newcomb con-
sisted Of songs, recitations, solos,
duets. and dialogues, and was APP
preciated by members and
friends of the school who were
present. At the close Of the pro-
gram the white gifts for the King
We're called fov and every class in
the school responded with gifts
in one form or another. Cloth.
ing. food, money, and other
things were brought and laid at
the foot Of the tree, to be diS,rib-
uted later by a committee, INTO
homes where those things would
be lacking, and thus bring the
spirit of Christmas into every
home.
The Arvada enterprise., 1916-12-28

The choir of the Baptist church
was very delightfully."- entertained
by Mrs. l.. K. Elliott. last Friday
evening after the regular re-
hearsal. 1t was planned as q
surprise to the members OF the
choir, and was in the form of a
Christmas party. The house
was decorated with the usual
holiday colors, the center piece
on the dining table being a large
imitation snow mound, with a
miniature tree and Santa Claus.
A lovely two course luncheon
was attractiveIy served under
the supervision of Mrs. w. w.
Benson. At the close Of the ev.
ening's fun. Mrs. Elliott was
agrcelbly surprised by receiving
from the choir in appreciation of
her services, a gold piece. It
was a very happy occasion for
both choir and leader and only
bound them closer together for
the work of the New Year.
The many friends Of J. NJ.
Banks are saddened by the news
of his mothers death which oc-
Cured before he reached her bed.
side. Some knew he mad received
word of her illness which took
him to his home at Carried Ark.
ansas. but they did not know OF
her serious condition. Mr. Banks
has made many warm friends
during his stay in Arvada as a.
gent for the G. & S., who extend
him their sympathy in his great
loss.
The preliminary hearing OF q,
S. Bridges, the Pony contest pro
moter, was not held in Judg,
! Gregg's Court last Friday becaus,
| he took change Of venue tc
Judge Moore's Court at Lakcsid,
It viii be held at 1000 Saturday
morning and witnesses viii b,
called from LittIeton, EnpIewoo,
and Aryada.
The Arvada enterprise., 1916-12-28
Christmas Cheer in
Evidence Here

Christmas cheer was in evil
dence everywhere in Arvada from
Saturday night until into the wee
sma' hours Monday night.
Sumptuous dinners were served
to numerous guest in many house
holds, and the churches did their
full quota in remembering the
poor and the children who attend
Sunday School.
At the M. E. Saturday evening
a tree and program was an enjoy
able feature.
The program consisted Of reci-
tations and dialogs appropriate to
the occasion interspersed with
vocal solos aud choruses, which
were very creditably rendered.
The advent of Santa Claus was
made spectacular by a troupe
from Fairy land who heralded his
coming. Some disappointment
was apparent on the faces of eX-
pectant youth when it was stated
that old Santa Claus had met
with an accident. He had selec-
ted an uptodate Aireo plane and
as the propeller shaft had been
broken he struck an ice burg en-
route and was badly injured.
However, he finally arrived with
his pack on his back just the same
but the injuries he received We're
evidenced by a bandaged arm
and he was compelled to lean
heavily upon staff. To all ap-
paarances he was physical wreck
Even his voice was impaired 50
that he spoke in jerky gasps.
AS soon as he recovered sutfi-
GENTLY he delved into his pack
and soon convinced the youngs-
tiers that altho he had undergone
great hardships he mad not lost a
single package as all were gener-
ously remembered with a treat.