The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-05-27

fracuOn claims.
TT is obvious that such action
while no doubt the best guess the
court felt able to make. was purely
arbitrary. and such as in our opinion
can not be sustained upon the record
Extent of Lode.
1T is always to be remembered in
the consideration of all such cases
that where there are well defined
walls they determine the bounds OF
the vein or lode; but that where there
are no walls. continuous ore bodies
determine the width. such continuity,
however not being destroyed or af-
fected by subsequent interruption
through the forces of nature. Few,
if any. veins or lOdes of any substan-
tial length are composed of but one
solid body of pay ore, and certainly
the vein or lode here in question can
not be considered one of the excep-
tions if there is any Indeed. the evil
Once shows. we think. beyond doubt
that much of the substantially miner
allied portions of this lode have not
been worked because the prices of its
minerals were at the time too low to
make it profitable to do so. But sure
~ neither a variation in prices, which
is a matter of common knowledge
frequently occurs. nor any change in
working conditions constitute a true
test of the question as to the extent
of the vein or lode
Testimony Compared.
Sufficient reference has already
been made to the inconsistent testi-
mony and opinions of the distinguish
ed biologists of the respective parties,
the nature of which confirms us in
the opinion that in the consideration
and decision of such cases it is safer
and consequently more satisfactory
to rely upon the testimony of expert
mining engineers. who are familiar
with the mineral formations and de-
posits of the particular district. and
upon the actual work and observa-
tons of experienced mining superin-
tendents who have active charge of
the work in such mines"
Fisher and WinchelI Quoted.
The opinion makes clear the con-
tentions of the litigants by quoting
description of the lode as given by w.
b. Fisher, witness for the defendant |
md that given by H. " WincheH
for the plaintiff Following |
these extended extracts from the tes-
-imony in the trial court. the opinion |
follows:
Law of Bisected Veins-ConcIusion
Taking and considering the evil
ience as whole we can not avoid the
that the lode pursued by
he appellee in its work beneath the
surface of the Evening Star and Mary |
r. Fraction claims of the appellant is
he same great lode it followed and L
worked by virtue of its ownership of
he Morning claim. which lode. after
'oursing westerly through that claim
nters the Evening Star and Grouse
laims across the westerly end line of d;
he Evening Star and still coursing S
westerly branches at a point under {
round not definitely fixed by the ev- 5
ience, the nOrtherly and larger {
ranch passing through the Evening t
tar claim and across the northeast t
rly corner of the Mary r. Fraction c
laim' and the southerly branch across a
ne westerly end line of the Grouse. n
nd for about 500 feet into the Iron T.
rown claim; and. further. that the
1tcrop of the lode is bisected by the il
)mmon side line of the Grouse and r
vening Star claims and of the Iron 4
rown and Evening Star fl
THAT lode or vein so bisected bv r.
lie lines of two adjoining claims be- W
ngs to the one having priority is s
ell established dawson V. United h
.ates Min. Co. 2O7 u S 1, u. 1s). Il
1T is, of course. not contended that OF
~ eXtra-lateral rights appertain to W
e Morning claim, but the strenuous b.
Intention of the appellant is that the &C
in or lode that crosses the norther e
side line of the Grouse claim. and &C
ross its end line and into the Iron
own, is a separate and distinct eli
in, the extra-lateral rights to which ii,
long to appellant by reason of its er
nership of the Grouse and Iron CE
own, and that it is upon that sep in
ate and Independent vein or lode IA
and upon which the appellee enter %
and from which it extracted ore su
claims the right so to do beneath pr
surface of the Evening Star and of
ny r. Fraction claims of the ap- no
liant a..
Even if it be conceded that the res
n or lode last referred to. that is tri
say that crossing the northerlv cal
line and westerly end line of the cat
'use, and into it's adjoining Iron ter
'wn claim we are of the opinion e
the extra Lateral rights thereto hol
med as against the Evening Star pre
Mary r. Fraction claims. do not 7
y, ~ var
me Grouse was located September cas-
1886, and the patent therefor was he'll
led January s. 1897. The Evening den
was located January 1. 1887 and wit
patent therefor was issued July as
1904 The Iron Crown was origin clai
located September l. 1884 and re- pric