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

OF the anticlinal fold.
IL is contended, however. that the
Supreme Court OF the United States
j. committed to the view that a ter
minal edge is essential to an apex OF
a vein or lode, and the recent case OF
Stewart Mining company vs.. On
tario Mining company. 2I /. 5. $50,
j. cited in support OF this contention.
In that case, MIR. Justice Mckenna,
speaking for the Court, said:
AN apex is, on cited authority, de
fined to- be all that portion OF the
terminal edge OF a Vein from Whirh
the vein has extension downward IN
the direction OF the dip And 1t IS
further SAID that the definition ha9
been approved i'll Lindley on Mines,
because as therein expressed 1t IN
wolves the elements OF terminal edGe,
and downward course thereiron.
We ma accept the definition. IN Us
application. however. 1t Immediately
4 question ot tacr"-the
locality OF the terminal edge: and IN
this case the state courts did hot and
it to be where plaintiffs asserted 1t
70 be-"
The court in the Stewart-Ontralo
case did accept the definition OF
dDCN To DC ltC Z iIIa ~'SN
vein The vein in controversy in that
case had a terminal edge and there
was no occasion to consider whether
the definition given was comprellcn-
sivc. The Idaho Court, from which
the case revived. on error, had de
termined that that which the Stewart
Company claimed vas an apex was
only the side OF the vein where the
vein on its strike was cut off BY a
fault The Idaho Court was sustain
ed See same case. % Idaho "a, l32
Pac. 7S7 and Stewart NJ. Go. vs..
Bourne. 2lS Fed. 321.
As said by Chief Justice Marshall,
in the celebrated case OF Cohen VS.
Virginia, 8 Wheat. at p. $50:
1t is a maxim not to be dis re-
rarded that general expressions III
every opinion are to be taken in con-
n@cction with the case in which those
expressions are used. II they go be
yond the case, they may be respected
but ought not to control a judgment
IN a subsequent suit when the very
point is presented for decision. The
reason OF this maxim Is obvious. The
question actually before the court IS
investigated with care and consid-
cred in its full extent. Other princi-
pies which may serve 10 illustrate II
are considered i'll their re.atlon 10 the
case decided, but their possible bear
ing on all other cases Is seldom com
plctcly investigates.
This maxim has been reiterated
times almost without number. 1t IS
applicable TO the Stewart-Ontarlo de
cision. The definition was sufficient
for the question involved i'll that case
otherwise we may assume the ques-
ton would have been given more
consideration than the %laconic sen
renee: I'VE may accept he dchn1-
ton"
Judge Uawlcy. in Book vs.. Justice
Mining Co.. So Fed, at p. III, N ret
crencc to the definition oi a vein or
lode. said,
Various courts have at different
times given 4 definition OF what con
@,titutes a vein, or lode, within the
meaning Of the Act of Congress: but
the definitions that have becss given,
as a general rule, apply TO the pccr-
lar character and formation OF the
ore deposits, or vein matter. etc.
The Idaho Court. III the Stewart
Ontario case. supra, at p. 737, speaks
OF the definition OF the word apex
as followes:
The definition OF the word 'apeX
As used in the statute tscc. 232z. I.
$. Rev. Stats.) all reach the one IN
cyitable conclusion that It Is the
highest point in the vein Flagstaff
silver Mfn. Co. vs.. Tarbet. " 1. ,.
400, Is l.. ed. 253. 9 Morr, Min. KEEP.
nO7: Lindlcy on Mines. I'd ed., secs
,W5. 800; Costigan on Mining Laws,
-. l37. sec. IS; Duggan ys. Dayey. 4
Oak. 10, 20 n. w. SS7. Il Mcrr
Min. Rep. So; Del Monte Min: 60.
vs.. Last Chance Min. Co, III I. ;
s.. Is SUB. Ct. sos, 43 L. ed. y, -
Norr. Min. Rep. 800, but this Is
only a general definition, and its ap
plication to any particular VEN or
peculiar location may and often VIII
call Tor further particularly OF &c
scription. 1t must be the top or ter
minal edge Of the vein on the sur
face or the nearest point to the sur
face. spun or feeder, just as the hlg!
est point in the roof OF d house woult
be taken 10 be the apex OF he house
and not the chimney or flagstaff
Again. an apex is a point from winch
the vein has a dip as well as strike
or course else II coniers no extra
lateral right"
Where a vein has a terminal edge
Us apex Is a point from winch. or a
line along which. is its strike and
from which it has a dip, but this i
equally true OF the crest OF a vein III
the form OF a single anticlinal iold.
Counsel for appellant quote the o
lowing definitions from text writers
in ppo OF the terminal edge
theory: ,
"Conceiving a vein or lode to- be
an intrusive sheet of minerallzcd
matter of varying thickness found IN
the mass OF the mountain, the apex o.
= vein is thus seen to be that cage
Of the sheet which shows on the sur
f,ce OF the location. or is nearest to
the surface. 1t is not a point, thousi
apex naturally suggests point. It is no
line, though it has the full extension
Of the upper edge OF the lode. 1t Il
tie whole surface OF the upper edg'
=. ,,,,l, oil tho width am