Year: 1874

when discovered in place do the rights of To-
cation and possession attach to it. What,


then. is vein or lode of quartz: Its very


name indicates that it is a cleft or iissure in


the ordinary rock of the country which may


he filled with mineral or earthly substance


that may bear gold, silver or other metals.


Its name also indicates that it should be de-


tcrial SO that ii may lie traced or followed.


Quartz rock in place. therefore, is rock sit,,-


ated between lwO walls Of 4 vein or lode. AT


least one wall must be found before the de-


post can properly be called vein or lode,


otherwise there would be no indication what


ever of vein. A wall of different ma


terial is the necessary and distinguishing fea-


:urc of vein or lode of quartz, and without


which it cannot exist Without wall to in-
dicate and mark the seam or channel of the
quartz there can be no vein or lode. Quartz,
therefore, may be found in place or not in
place. When in place it is defined by q wall
Of other material. and constitutes vein or
lode of quartz. When not in place, and
therefore not bounded by wall or walls upon
the sides and not capable Of being traced or
followed, such quartz matter does not con-
stitutc lode.


This view seems to lie supported iy author
ity. Dana's Manual of Geology, p. 119,
says: ''Veins are narrow plates of rock in
tersecting other rocks. They are the filings


&c ~. lie
fssures may either extend through the earth's
crust TO the interior and divide it for long
distances. or reach down only for a limited
depth. or I've confined 10 single strata, so
veins are exceedingly various in extent.
They may be no thicker than paper or they
may be scores of rols in widtl. like the great
fiss,,rcs opened at times to the earth'S inner
regions by subterranean agency. They may
be clustered SO as to make perfect net work
through the rock. or may be few and distant.
And as strata may Oc irulted, also veins
may have their faults or displacements. All
these subterranean movements that produce
fissurcs and fractures in rocks may give ori-
gin to veins


1t will he seen from this authority that
cleft seam or fissure in the rock is necessary
to the existence of vein, and as necessary
consequence such veins must have side walls,
which are the sides of the fissure or seam,
and this distinguishing feature is preserved
IN all the inconceiyable directions and posi-
tions which the veins may take and assume.
LNo1 nj So lol
by sand or clay from above, and they are
readily distinguished from the veins by the
scdimcntary nature Of tho material, for all
true veins arc occupied Ivy crystalline rocks
or minerals.


The discovery of valuable mineral de-
post" and the discovery of ''vcin or lode
bearing valuable mineral matter. are not
identical or synonymous acts They do not
mean the same thing, and the same rights do
not attach to each. If the former would au-
thorize the location of placer mining claim,
the latter only authorizes the location Of a
lode claim. The one is condition precedent
to the location of twenty acres in extent,
while the other is like condition to the loca-
ton of a lode claim 1900 feet along the ap
parent course Of the vein by 600 feet in
width.


With this explanation, the meaning Of the
act of Congress when it speaks OF veins and
loles of quartz or other rock in placer bear
ing gold, silver, &C., and making the discoy-
cry of such q vein or lode necessary to To-
cation, is apparent. To such loles thus de-
fined the law is applicable, and when it de-
clares that no location of lode claim can be |
made until after the discovery Of vein or |
lode within the limits of the proposed loca-
tion. it means the discovery of cleft or fis- !
sure in the ordinary rock of the country in
which is contsined quartz or other matter
bearing valuable mineral deposits, which fs-
sure has at least one discovered wall and is
capable thereby of being traced or followed.


Tried by this test. did the plaintiff before |
locating his claim discover vein or lode OF
valuable mineral deposits, in place. thereby
him to make such location, and !
thereby giving him all the other veins and |
lodcs that might be found within the bounda-
rics thereof: This investigation must bc con-
fined to .hc discovery shaft or hole, as it ex-
isted at the time of the location, for what
was then discovered did, or did not. cntitle
the plain,iff to make his location, and what
was then discovered must now confirm or de-
feat his title to the claim. No subsequent
made after the defendants dis |
coyerv and location, by virtue of tunnel
running from the discovery shaft, will enable
Ihe plaintiff to hold his claim unless a vein
mr. lode was discovered Ivy opening the dis