Elko independent. [volume] (Elko, Nev.) 1915-current, 1918-05-15
MORE ON HENDERsoN's
ApEX AW

Senator Henderson OF Nevada has
recently introduced a bill in the SEN
ate that has far-reaching effect in
the mining states. Its purpose is TO
abolish the law known as the apex
law as applied to lode mining claims,
says the Silver State. The law as II
now stands permits the locator OF
vein to follow IL on its downward
course into the earth, even though
the vein may diverge from the veru-
cal and pass beyond the lines OF the
claim OF the locator. IL Senator Hen
derson's bill becomes a law, owners
Of claims located after such law goes
into effect will be limited to their
downward working by the claim lines.
The supporters OF the apex law ar
que that ii is unjust that prospector
should spend his lime and money in
prospecting for and finding a vein,
only to learn later that by its dip it
passes beyond his side line, at which
he must cease working. The argu-
ment would apply as well TO many
other lines of industry. A stratum of
placer gravel may be many feet be-
low the surface. II is necessary for
the prospector for such stratum to
spend his time and money in pros
pecting and sinking for it, but should
he find II, he is not permitted to work
beyond the lines of his places claim.
II veins were all regular in their for
nation, there would be more reason
for the apex law, but they are not
regular. In some instances veins are
several hundred feet wide. II ii hap
pens that adjoining claims owned by
different locators have their common
side-line within such broad vein, in
termlnable litigation results. Veins
that are often in regular from in the
depths, split into several branches or
forks as they approach the surface.
thereby presenting as many apparent
apices. Several locators may in good
faith locate claims upon such sew
eral branches, believing that they
have each made discovery, only TO
find that with depth such branches
converge, merge and become one vein
and the shafthouses OF all but one OF
them must stand as monuments to
their blasted hopes.
The position of a vein is not usu-
ally known to the locator at the time
he makes his location, for the reason
that Its apex Is covered with over.
burden and sinking and drifting is
necessary TO disclose the position Of
the vein. Often such work reveals
the fact that the vein passes out OF
the claim across one sideline. The
locator has made his location because
OF that vein. II Is the vein he discov-
cred and Is called his discovery vein.
II often happens that there is still
another vein within the same claim,
usually called the secondary vein. It
is possible that the discovery vein
may produce no ore OF value and mil
lions be extracted from the second
airy vein. Such has often occurred.
The law OF the apex, intended as a
reward to the discoverer. in such In
stance gives him millions not discov.
cred by him at the time he made his
location. We could with almost az
much reason give to the inventor of
carpet tack a patent right upon a
linotype machine.
OF vein formation, the interminable
litigation growing out of the apex
law and the recollection that in many
instances violence and bloodshed have
resulted from contentious over Il. we
should change from our present sys.
tenn TO that of vertical planes. Such
change will OF course only affect lode
mining claims located after the law
aoolishing the apex goes into effect
but IL, as we suspect. hundred
claims will hereafter be located for
every one that has been located thus
far In the mining states. those now
located which give to their owners q
vested property right in the veins or
the dip are negligible. II Is 10 bt
hoped that Senator Henderson's bill
Will pass and that the apex law viii
be abolished. as II has been in nj
other nations wherever used In thu
past.-Nevada Newsletter.