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Show MINING REVIEW INTER-MOUNTAI- N CHANCE DECISION. TYLER-LAS- T Judge Beatty, in the United States Circuit court at Boise, handed down a decision last month in the celebrated case of the Tyler vs. the Last Chance, which, owing to the issues involved, and the great value of the properties in litigation, is of general interest. The Last Chance is one of the richest of the Coeur dAlene mines, and the liti- gation, which commenced in 1887, is one of the most famous mining cases that has ever arisen in the West. While the contest was primarily instituted on priority of location, other and more interesting issues were raised, and were not passed upon until the Anal decision by Judge Beatty. In 1887 the Tyler company applied for a patent to their location, shown in the diagram, but the application was contested by the Last Chance, because the triangular part of the location, marked A, was on Last Chance It will be seen by the diagram that, according to the original location of the Tyler claim, the vein entered through the end and passed out through the side line, while by the amended location, it passed in and out through the end lines. Of course, if the latter were a valid location, the owner of the claim would have the right to. follow the vein on its dip beyond the vertical plane of the side line. But if it were not, and the original location were the only valid one, the question was, had the owner the right to follow the vein outside any boundaries of the claim extended downward? It had been held by the Supreme court that where the course of a vein was across, instead of lengthwise of the location, the side lines became the end lines and the end lines the side lines, but there had been no decision as to what rights existed, if any, if a vein entered at an extra-territori- al 5 a violation of any provisions of the statute, and gives the miner only those rights which the statute intends he should have. The courts, by the cases above cited, have so held, and it is now held that plaintiff can follow its ledge, as far as not in conflict with some prior right' Applying this rule to the Republican Fraction, the small, wedge-shape- d piece of ground lying between the Last Chance and Tyler and belonging to the Last Chance, Judge Beatty decided that the Tyler could follow the ledge through that territory, because it held priority of location. OF RECENT MINING DECISIONS. Prepared for the Mining Review by George Westervelt, attorney-at-laSalt Lake City, Utah. Spur Veins Ownership of Ore. The facts in the case were as follows: Vein having its apex in Ts location, dipped to the north and extended under C. Cos location, which lay north of Ts. There were certain ore bodies lying south of the vein and under it with regard to vertical direction, from which ore had been taken by C. Co. The lower court instructed the jury that these ore bodies, since they could upon no theory have a separate existence extending through Ts vein, and having an outcrop on C. Cos location, should be regarded as having some connection with and belonging to Ts vein, which must entitle him to whatever was found in them. Held no error. Colorado Central Consolidated Mining company vs. Turck, 70 Fed. ABSTRACT w, Rep. 294. (U. S. C. C., Eighth Dist, Oct. 14, 1895). Unlawful Extraction of Ore Measure Measure of damages for the unlawful extraction of ore, where the defendant is not a wilful trespasser. is the value of ore taken, less the cost and expense of breaking it and bringing it to the mouth of the mine; and where such ore has been taken out by the defendants lessee, who pays the defendant a royalty therefor, the royalty so received by defendant may be taken as his net profit. Ibid. Location by Agent Validity Under Idaho Statute. An agent or attorney-in-fa- ct may locate a mining claim for his principal, and may do everything necessary to perfect such location, including the making of the affidavit reby section 3104, Rev. St. Dunline. It is upon this point that Judge quired lap vs. Patterson, 42 Pac. Rep. 504. Beattys decision is of interest and im- (Supreme court of Idaho, Nov. 19, 1895). Mines, Liens, Description of Premises, portance. Sufficiency. The fact that a particular after Judge Beatty, ordering judg- description by metes and bounds, of a ment in favor of the Last Chance, on mining claim, in a notice of a lien, is the issue of priority, as directed by the Incorrect, will render42 notice Invalid. Pac. Rep. 5C6. Fernandez Burleson, Supreme court, passed upon the ques- (Supreme court of California, Nov. 25, tion of rights in the 1895). following language: The statute says the right to follow the ledge along its Cripple Creeks gold output in 1895 course underground shall be limited by reached eight millions, two millions ben plants on planes passed through the two end low predictions. With lines, but it is manifest that this rule the Mercur and Golden Gate, which are cannot be followed when the apex of promised, and the Sunshine, Marion, a ledge, before reaching the other end Geyser, Sacramento and Herschel mills line, passes through the side line, for in operation, Mercurs output, before it would give the locator more of the the close of the present year, will be at ledge underground than he has of apex. the rate of five millions per annum. It would give him a portion of the vein The people of Mercur, Utah, show a of which he does not hold the apex. s. To hold that his ledge shall be cut off very mercurial disposition by the vertical plane of his side line, They are all hustling for new mines, is cutting off the right to follow it and great things are expected from Midown, which the law has given him. next years developments. Denver Instead of this, to establish at the ning Industry. point where the apex crosses the side Among the blessings brought by the line a vertical plane parallel to the new year are Statehood for Utah and plane of the end line cut by the apex the Mining Review. Now' is the time and allow him to follow the ledge on to subscribe. Room 223, Atlas block its dip between these two planes, is not $2. of Damages. ground. The Tyler company then amended its location bv drawing in its end line parallel to the original end line, so as to leave out the piece that lapped the Last Chance, and then withdrew its answer, and the Last Chance took judgment by default. In developing the ore bodies the Tyler found that the vein, of which they owned the apex, was being worked by the Last Chance. The Tyler company brought suit for recovery and title to this ore, and the right to follow the vein. The decision was in favor of the Last Chance, but the Court of Appeals reversed the decision. On the new trial in the lower court the judgment was in favor of the Tyler, and was affirmed by the Court of Appeals. Thereupon the Last Chance took the case up to the Supreme court of the United States, which remanded it for a new trial. The Supreme court evaded the question as to the right of a location covering the apex to follow its ore bodies on the vein beyond the end and side lines, holding that it was not necessary to discuss the question of extra-laterrights, as the Last Chance was entitled to judgment by reason of priority. al extra-territori- al 500-to- now'-a-day- |