Show right of way for A nin ning tunnels ta tie e colorado legislature re in 11 es s ons ors passed a lw a a minida tunnel a right of wy way through ex lating claims the first case in which aich tl flat at set 1 as cited and passed upon Is i tl ti at of cone and robinson versus pox ana gold mining and tunnel company recently y tried before judge hallett in the united state circuit court at den er cone and robinson are the owners of tre tle doctor and cl diet let lode mining f isains located in 1891 an I 1 situated ted in cripple creek colo the I 1 oxana corn I 1 r silv an v is the om owner ner of a subsequently located tunnel site known as the gold which on its coure course gome some dig djs ta taue ue from its mouzli passed tl ti reuh the doctor dottor cla ni and just entered tl tj e cl let claim w hen it as stopped by a temporal temporary y injunction NO 0 o ore of 0 con sequence quence Be was mas removed in rendering a decision tl e court de tie dared this tills act unconstitutional as well ell as a similar one of 1881 1981 saying in III I 1 art NO pro profusion ision is made in ill either act f r ascertaining tl tf e need ot of tl il e tunnel avs owner ner for right t of way may through tl ti e ser eer ment lent estate in order to work ork ls I 1 is own os n claim beneficially or tor for compensating 9 the tl dar done to tl 0 estate ampro r rioted bitted to the use of the tunnel in ill tl ti e absence of 0 such pro is one on tl tj e act would mould seem to be in conflict with sections 14 and 15 article 11 of the constitution of the state section 14 declares that i ri late ate property shall not be taken for arl vate vats use except for certain purposes and section 15 declares that it shall not be taken without aiu out juat just compensation to the owner the injunction was wag made permanent under this decision it will bo be feces sary for tunnel enterprises to secure rights r odway by agreements from exist ing claims and preferably before pene brating them in mexico and bitiah columb b A awl A I 1 ere vertical foundries boun dries con arol thia this and similar r als illges connect ed with access drainage and ventilation are granted under direction of aern merit ment mining to tj tie e ad advancement ance of the industry but in tl tie e united states s with ith so go many possibilities nobilities in the way WILY of mining law las suits such privileges leges could not be granted gran terl wit safety ln gi and mining journal |