The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-06-03


as the King extra lateral suit
There was a triangular segment
covering the top or apex of the vein
which had been left open by reason
of the positions of the Tyler. Viola
and San Carlos lines The King To-
Gated on the area covered by this
triangle. in the form of a parallelo-
gram. laying practically all of its lines
over prior patented territory It
claimed an lateral right on the
downward course of the vein under
meath the San Carlos. Likely and
SkOokum claims belonging to the En-
pire State. It will be noticed that the
lode is a broad vein bisected by the
common sideline between the Viola
and San Carlos, the end lines of which
extended in opposite directions. The
contentious We're made upon the part
of the Bunker Hill. first, that in order
to secure an extra Lateral right on a
broad vein the entire apex must be
found within the boundaries: second
| if any extra-lateral right was to be
conceded to either claim. there should
be one right only. and that would be
in the claim having priority. The
trial court held in favor of the King
but this was reversed by the circuit
court of appeals whose opinion
awarded what was then called
double barreled extra-lateral right.
that is to say the Viola had the right
to follow the vein in the direction of
7 I
the same right. this extra lateral
right taking effect beyond the plane
of conflict with the San Carlos ex-
tra-lateral right plane The supreme
court of the United states refused to
review the case.
The next suit brought by the Bun
ker Hill company against the Empire /
State was known as the second Stem /
winder.
1t was contended on the part of the |
Stemwinder that although the prior
ity had been established in favor of .
the Last Chance and Emma, and it
had been by the prior decisions COM
PEELED to recognize the extra lateral .
right of these claims, notwithstand-
ing this the Stemwinder extra-lat-
eral right should be awarded to it on
the downward course of the vein af-
ter passing the plane of conflict with
the Last Chance and Emma. AS the
Last Chance was prior to the Viola
and San Carlos. naturally it took the
sweep of the vein within the extend
ed extra-lateral right plane of the
Stemwinder which in the previous
controversy with the King had been
awarded to the Viola and San Car
los. The situation presented for the
first time what is known as the
Jump over principle;" in other words
the extra lateral right of a junior
claim conflicting with the same right
of senior takes effect after passing
the plane of conflict. and the courts
that it would have a right
Of way through for the purpose of
following the vein.
The next suit was known as the
Bunker Hill extra-lateral, and was
brought by the Bunker Hill company
against the Empire State. The Bun
xer Hill claim was the earliest locat-
ed in that part of the country, and
there was little difficulty in establish
ing it's rights. so the court awarded
The extra-lateral right in favor of the /
Bunker Hill as against all of the
claims of the Empire State company.
The last suit between these two
was based upon the Viola
md San Carlos. wherein it was sought 7
10 invoke the Jump over" doctrine j
decided in the second Stemwinder
,ase as above noted. The extended !,
md lines of these two claims after {
passing through the extra lateral {
light Of the Bunker Hill claim. enter I
ID territory that was covered by 9TH :
IT locations of the Bunker Hill COM Z
,anv. but which were junior in point F
# time TO the Viola and San Carlos
md raised some important questions A
ii geological structure, continuity of 7
re bodies. etc. which would have I
made it a long battle. This litigation I
however was compromised and the c
roubles between the two companies V
.diusted by drawing vertical boun- {
aries limiting the rights of the En- \
ire state company or its successor. S
he Federal Mining and Smelling
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