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Show INTER-MOUNTAI- that the trial of the Geyser- Marion apex suit has been concluded, the closing arguments, which will be made after Judge Ritchie's re- turn from the East, some further and more extended mention of the points in issue will be of interest. The case has attracted wide attention, because it is the first suit arising in the Camp Floyd district involving the question of extra lateral rights, and also by reason of the great value of the property, the intri- and complicated points of law and peculiar geological conditions. This journal, in the issue of April 30th, gave an outline of the issues in the contro- versy and the trial of the case has fol- very closely the lines indicated in that article. It was suggested then that the question as to whether the Camp Floyd vein had any apex whatever, within the meaning of the law, might possibly be raised by the Geyser side, but this they did not see fit to do. The map used to illustrate the former article is also used here, but it will be stated, as it was stated then, that the dotted lines only indicate in a general way the respective claims of the litigants as to the course of the croppings. The Marion workings extend to the northeast, into the ground designated as the Fraction, belonging to the Geyser, and this is the territory in dispute. The Geyser company was the plaintiff in the original action, but the Mar- I MINING REVIEW. N broken and irregular, owing to numerous faults along the course of the crop-No- w pings, that there was an abundance of room for an honest difference of The witnesses, however, all agreed the point that the vein had a foot wall and a hanging wall. opin-exce- pt viewed by the Geyser attorneys, however, this matter of dip and strike js not the main point in controversy, hut is secondary in importance to a question of law. Running across the of the Marlon location, as shown by the map, there is a silver-cat- e bearing vein, and the attempt was made to show that the original Marion location, made November 8, 1870, was upon this silver ledge, and that nothing was known at that time of the exist-lowe- d ence of the gold vein, which has since become so valuable. Two of the origi- nal locators testified, in behalf of the boot-he- el The patent was not issued until after the law of 1872 had been passedr and, in accordance with the provisions of that law, it gave to the applicants the Marion lode, and all other veins the top or apex of which was in Marion ground. The Geyser attorneys contend that, under the construction given to this law by the United States courts, it means that when the original location is upon one vein, whenever this vein crosses parallel boundary lines of the location, such lines become the end lines, not only as to the vein located, but as to all other veins subsequently found; that no location can have more than one set of end lines; that the Marion location was upon the silver vein, which crosses the lines of the "boot-he- el designated on the map as B B; that these lines thus became the end gold. ion company filed a and thus became the plaintiff, and was cross-complai- nt, required to submit the burden of proof to establish its extra lateral rights. The Marion attorneys proceeded on the theory that the main point in issue related to the strike and dip of the vein. They claimed, and the testimony of their experts tended to show, that the apex of the gold bearing vein passed through the lines designated as A A (which they contended were the end lines of the location), and that its course across the location was wholly within the side lines; that the strike was therefore northwest and southeast and the dip northeast. They demonstrated that a line drawn from the mouth of their incline No. 4 across the gulch to the mouth of the Nimrod No. 2 tunnel of the Mercur mine, both in ore, a distance of 2805 feet, showed a difference in elevation of but eight feet, and that the course of such line was north 38 degrees west, or within two degrees of the course of the strike as they claimed it to be. Planes were , also drawn through exposures of the vein on other locations and their own, in order to demonstrate the correctness of their contention. On the other hand, the Geyser experts, in equal number, testified that the strike of the vein, as shown by their observations, was east of north, and that its dip was south of east; that the line of croppings was therefore not the apex, but simply the eroded edge of the vein. Such contra- evidence upon points which in other cases would be simply a matter of measurement and mathematical cal-culation should not be regarded as any reflection upon the integrity or ability of the experts, for all of the testimony tended to show that the vein was so Marion company, that the location was made upon the northwestern part of the claim, upon the gold vein, but they were contradicted by six witnesses for the Geyser company, who testified that the actual point of location was down on the silver ledge, in the "boot-hee-l, and that this was the point where work had been done whn application was made &p a patent The law at that Ume required the work to be done on tbe lode jolted, and in those days it . was the lode that was locatedf and not I ground, no rights being acquired to any other lode subsequently found within the boundaries of the location, This was under the law of 1866, and under this law application was made for patent The record of the applica-dictor-y tion was introduced for the purpose of showing that it was a silver lode that was claimed and Capt. E. B. Wilder, who was superintendent of the Marion at that time, testified he had made numerous assays on the lode located and never got more than a trace in lines of the location and that therefore extra lateral rights to the gold vein subsequently discovered would be limited by vertical planes drawn through these lines, extended northward, a strip of ground about 250 feet in width; but as such end lines would not be in the direction of the dip of the gold vein, no extra lateral rights whatever were acquired to this vein. They also contended that the lines A A could not be regarded as end lines for the further reason that they were not parallel, as the law of 1872 required they should be. The Marion attorneys regard this question as of little importance. The end lines, they contend, are established by the survey, and the lines A A are clearly the end lines of the Marion location. The location or course of the silver vein cuts no figure in the case, as there is no controversy over this vein. The locators testified that the original location was upon the northwestern portion of the claim, upon the gold vein, the patent gives them this |