Mohave County miner and our mineral wealth., 1921-04-01
JUDGE BOLLINGER
 GIVES DECISION
Continued From Front Page)

(Contlnued From Front Page)
 Der 10, 1917.
 The Tom Reed Company did a yer,
 limited amount of development work ol
 the Grey Eagle and Bald Eagle claim,
 prior to 1916. This work on these tw,
 EiaAms consisted prlnUApalIy ot two snaI
 low shafrs, one or Insm probably LsA
 or twelve IeeG deep anu aAoJner aDou
 1orty aeeT ueep, put aurlng JnaJ perlol
 piaAAtnI Gompany was engaged exGen
 sAve nlAnlng All Jne aistriGT ana uevelop
 Ing 1Ls property at oJner places An IAs
 OaGman uAsSrAcI. During that perlod the
 plalntitf was and both Ene plalnIIII ant
 defendant are now among tns large goI0
 produCAEs SompanIes or Jne UnlIea sLau.
 es. The defendant company and AIs
 predecessor In JAJle, the bIK Jun Gold
 nalnlns Company, uurlng tns year lSiS
 and sAnce, nave perIorMed very exuen-
 siVe ueSeiopmenJ work beneath the sur
 lac or the HAg Jlnl. rhe result has peen the, aevsIopuIonG ot an ore poay Valued
 at more than two mlAIlon dollars, wnlcn
 ore body hes pensaGn the surIace or the bAg Jam claim.
 On haarcn l, lSLS, plaintiff Tom Reed Gold Alnes Company IIled this sult, No. 114S, agalnsG the deIenuanT, UnTed Eastern Mining Company, to quiet title to certain porJions or what 1t alleges to be q part or the lode belonging to the Grey Eagle and Bald Eagle cIalms. The defendant, United Eastern Mining Com pany, Illed its answer on April To, 1919, and on March 7, 1919, UnlIed Eastern Mining Company filed an injunction suit against Tom Reed Gold Mines Company, No. 1747, and before the trlal ot thls case commenced counsel tor both parties stipulated that the injunction suit would be subject to and follow the decision in this case, No. 1743.
 work'and preparations the case was brought to trlal on Monday, November 8, 1920, before the Court without Q jury, said trial being concluded on Monday, and End, 1920, the Court, in company with MT. W. B. Phelps representing the Tom Reed Company, and MT. Horace V. Winchen representing the United East ern Mining Company, viewed the prem premises included an inspection of var ious points both upon the surface and beneath the surface of these claims. On Monday, February 2l, 1921, the case was presented by oral argument, at the con- clusion of which it was submitted upon briefs.
 The issues in this case present a suit to quiet title to an underground vein or ore body situated beneath the surface of the Big Jim mining claim, which claim is patented and owned by the de- fendant. The plaintiff owns the Grey Eagle and Bald Eagle claims and they are, also, patented; and said plaintiff A0 CAdAAuAAS tAo OTo HI QuoBV1Ou 1CB alleged extralateral right under what is known in mining parlance as "the apex law" This law, as expressed in Section 2322 of the Revised Statutes of the United States, reads as follows: "Locators shall have the exclusive right of possession and enjoyment of all ehe surface included within the lines of their locations ,and of all veins, lodes, pr lsdges, throughout their entire depth, the top, or apex of which lies inside of such surface lines extended down. ward vertically, although such veins, odes, or ledges may so far depart from ! perpendicular in their course down. ward as to extend outside the vertical 'tde-nnes of such surface locattons.'"
 This section gives to every mining ,laim, whether patented or unpatented, lot only the surface within the lines of laid location, but the subsurface, sub ect, however, to the apex rights of the | 'wner of some other claim whose vein l nay enter the subsurface on its down. l yard dip, and, in addition to the grant | # the surface and subsurface, the own | IT of any mining claim has the right to | ollow his vein, lode or ledge on it's | downward dip through its side lines. n other words, the owner of a claim vho has the apex within his boundary Ines may pursue said vein on it's dip Downward outside of the vertical side Ines of such claim. This right is given " the apex law, but said right does lot include the right to run a horizon