The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-06-16
.EXTRALATERAL RIGHTS
RECENT COURT RULINGS
SETTLING ONE POINT GIVES
RISE TO OTHER DIFFICULT
PROBLEMS.

(Horace y. Wnchen i'm Engineering
and Mining Journal
Although ii is frequently asserted
that there is no necessity for revision
oi the mining laws. because every pos
sible question has hitherto been de
cided 10y the courts. those familiar
with the subject know that many
controverted points still rmean unde-
cided. and that each new decision inn
mediately brings to the front other
problems whose solution may require
judicial consideration. Within the
last few weeks there have been decid
ed by the United States supreme court
for the first time two important ques-
tions which have q vital and far
reaching bearing upon the extent and
direction OF eNualateral rights These
decisions by the highest court settle
finally some questions at issue, but at
once open the gate to new ones. They
reverse certain rulings of court of
appeals which have for some years
been relied upon and affirm the de-
cisions of some other courts of equal
authority
In the case of the Work Mining &
Milling CO. VS.. the Doctor Jack Pot
Mining CO. O94 Federal 62O) decided
by the circuit court of appeals for the
eighth circuit some years ago the
question of eXualateral rights on sec
ondary veins was directly involved.
The court of appeals, affirming the
decision of the district court of Den
yer. held that the issuance of pat
ent TO the Lucky Corner claim estab-
lshed a conclusive presumption of
the existence in that claim of a valid
discovery. and further that there was
presumption that the discovery
vein crosses an end line of the claim
as located
Although at the hearing it was
shown as matter of fact that there
was no vein whatever at the point of
discovery. and that the discovery
shaft was in gravel in the bottom OF
a gulch and never penetrated to the
bedrock. there was no adequate proof
that no vein crossed the end line of
the claim in that vincity The court
held that a secondary vein crossing
both side lines of the Lucky Corner
claim was entitled to dip rights be
tween vertical planes. passed through
the respective side line crossings at
the apex and parallel to the patented
end lines A verdict was thereupon
given i'm favor of the Doctor Jack Pot
company and against the Work com
pany for damages amounting to APP
proximately one million dollars for
ore extracted beneath the surface of
the Little Clara claim, which was
senior to and adioined the Lucky Cor
ner claim on the west The supreme
court declined to review this case on
certiorari.
Decision in Silver King Coalition vs..
conkling Case Cited.
In the recent case of the Silver King
Coalition Mines company against the
Conkling Mining company over an
ore body in what is known as the
Crescent hssure, which had been min
ed i'm the so-called Elephant stOpe,
two questions have now been decided
The fsrt question involves the con-
struction of the rights conveyed by
patent where there was an error in
the language of the patent The pat
cnt to the Conking claim conveys, in
terms. 1900 feet in length but the
monuments upon the ground show
that the claim was shorter. The dis
trict court held that the survey
monuments controlled and that the
patent was void insofar as it purport-
ed to convey a stretch of ground in
excess of that covered by and includ-
ed within the monuments The cir
cult court of appeals Of the eighth cir
cult reversed the district court and
held that the patent call for 1900 feet
was valid A writ of certiorar was
denied by the United states supreme
court and the matter appeared to be