The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1918-04-27
APEX LAW SHOULD
BE THROWN OUT

Senator Henderson of Nevada has
recently introduced bill in the Sem
ate that has far-reaching effect in the
mining states. Its purpose is to abol-
ish the law known as the apex law
as applied TO lode mining claims
The law as it now stands permits
the locator of a vein to follow it on
its downward course into the earth.
even though the vein may diverge
from the vertical and pass beyond the
lines of the claim of the locator. IL
Senator Henderson's bill becomes a
law. owners of claims located after
such law goes into effect will be linn
tied to their downward working by
the claim lines.
The supporters of the apex law
argue that it is unjust that a pros
pector should spend his time 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
argument would apply as well to
many other lines of industry. A
stratum of placer gravel may be many
feet below the surface. 1t is neces-
sary for the prospector for such
stratum to spend his time and money
in prospecting and sinking for it, but
should be find it, he is not permitted
to work beyond the lines of his placer
claim.
If veins were all regular in their
formation, there would be more rea-
son for the apex law, but they are not
regular. In some instances veins are
several hundred feet wide If it hap
pens that adjoining claims owner by
different locators have their common
side-line within such broad vein, in
terminable litigation results. Veins
that are often in regular form 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
branches, believing that they have
each made a discovery, only to find
that with depth such branches con-
verge, merge and become one vein,
and the shaft-houses of all but one of
them must stand as monuments to
their blasted hopes.
The position of a vein is not usually
known to the locator at the time he
mkaes 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 side-line. The
locator has made his location because
of that vein 1t is the vein he dis
covered and is called his discovery
vein. 1t often happens that there is
still another vein within the same
claim, usually called the secondary
vein 1t is possible that the discovery
vein may produce no ore of value and
millions be extracted from the second
ary vein Such has often occurred.
The law of the apex, intended as re-
ward to the discoverer, in such in
stance, gives him millions not dis
covered by him at the time he made
his location We could with almost
as much reason give to the inventor
of carpet tack patent right upon
a linotype machine.
In the light of present knowledge
of vein formation, the interminable
litigation growing out of the apex law
and the recollection that in many in
stances violence and blood-shed have
resulted from contentious over it, we
should charge from our present sys-
fem TO that of vertical planes. Such
change will of course only affect lode
mining CLAIMS located after the law
abC fishing the apex goes into effect,
hut il. as we suspect, a 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 d
vested property right in the veins on
the dip. are negligible
1t is to be hoped that Senator Hen
derson's bill will pass and that the
apex law Will be abolished, as it has
been in all other nations wherever
used in the past
.