The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-02-05
COURT DECISIONS ON
APEX LITIGATIONS
INTERESTING ABSTRACTS FROM
LEGAL BATTLES BEFORE
HIGH TRIBUNALS.

The law of the apex has been sub
ject of fruitful litigation for man.
years. Apex fights now Occupy atten.
ton in many courts and as these con
tests generally reach the highest tri-
bunals of the nation, some abstracts
from their decisions are of interest al
this time
Extracts from decisions in several
|roted cases are as follows:
Apex of Vein.
An apex of a vein is that part Of
portion of the terminal edge of a vein
from which the vein has extension
downward in the direction of the dip
and the definition involves the ele-
ments of terminal edge and down.
ward course therefrom; but the To-
cality of the terminal edge is a ques-
ton of fact and the downward course
of vein has no significance whatever
Independently of the terminal edge Of
the vein.-Stewart Mining Co v. on
tario Mining CO.. 237 u. S. $50, p. $50,
April, 1915.
E~traIateral Rights.
The United States mining statutes,
section 1922, calls for no effort Of
construction, and the distinction that
obtains in the parlance of miners and
in the cases between the strike or
course and the dip of the vein. is COM
peeled by the statute and marks ac-
curately the linear and exualateral
rights of a location and the language
of the section expresses the distinc-
ton which can be observed, and the
strike and the dip of the vein must
not be COMPOUNDED nor the rights de-
pendent upon them confused.-Ste
art Mining Co. v. Ontario Mining Co.,
.2S7 U. S, $50. p. 800, April, 1915.
Right to Follow Vein Through Side
Lines.
The locator of mining claim un
der section 1922 of the United States
Revised statutes has the right to the
surface within the lines of his claim,
and if a vein has its top or apex with
in the claim he may follow such vein
downward though it depart from
perpendicular in its downward course
outside the vertical lines of his loca-
ton in the adjoining ground.-Stew.
art Mining Co. v Ontario Mining Co,
237 U. S, $50, p. 1852, April, 1915 See
L. S. Mining Statutes Annotated, 1873 /
Vein Apexins Within Location-ls a
Question of Fact.
The locator or owner Of a mining
claim in seeking to recover the value !
Of ore bodies taken and appropriated
by another on a vein outside the
vertical planes of the complaining To-
Gator must show that the vein from
which the ores was alleged to have
been taken had its apex within the
surface boundaries of the lines of his /
location and that his is the senior To-
cation; but We're the court or jury
trying the case found as a fact that
the particular vein from which the
)re was taken as complained of did
not apex in the claim of the complain
ng locator, a court on appeal can not /,
say as a matter of law that the COM
locator is entitled to recover
such ore bodies. as in such case the
essential fact for the purpose of his
is determined against him.
Stewart Mining Co. v Ontario Min {
ng Co., 2S7 L. S, $50, p. 1853, April,
915
Liability for Trespass.
In an action by the owner Of a min I
ng claim against the owner of an ad- t
dining claim to recover the value of t
res alleged to have been taken by s
he defendant from veins apexing in ,
ne plaintiffs claim and extending on +
heir dip outside of the vertical side q
ines of his claim the plaintiff alleged a
hat he was in possession and entitled r
o the possession of such named veins f
throughout their entire depth, but fl
hat the defendant without right en- c
cred upon such veins, ousted the
laintif therefrom, and has ever since n
ED and continues to hold possession o
hereof and has extracted therefrom q
res of a stated value. In such ac- q
ion stipulation and an agreement fl
Y which the issue Of title and owner y
hip and right of possession Of the a
ems and ores in controversy shall be Id
lone tried and determined, and the il
isue Of damages shall be reserved /,
II further trial and proceedings, IN
,ust be held to relate only to the title o.
nd right to possession Of the ore in
ne particular veins mentioned by s
anne in the plaintiffs complaint and
etition and put in issue by the plead