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Show F L A S T A F F- T EC 15 E T. Important Sltulii loei-.iou. Washington, 5. In tho Supreme court, to-day, the following decision waa announced: Flags'aQ Silver Min- j ing Company of Utah, plainiifls in, error, vs. Helen Tarbet, in error, to the supreme court of Utah. The controversy in this case relates to the reapclive rights of two mining com-paniea com-paniea in Little Cottonwood district, Utah, who are working subterraneanly subter-raneanly upon the same lode or vein of ore. The principal question involved in-volved ia whetuer the Flag-tafl Company Com-pany has a rignt to carry its excava tiou underground, ouisido tho perpendicularly per-pendicularly drawn side of ita eur lace location, when, by so doing, it infringes upon the rights of the adjoining ad-joining claimant. With regard to the whole important qurs'.ion of fcllow-ing fcllow-ing lodes or veins of ore below the surface and the respective rights of contending parties in euch cases, this court holds aa follows: First The location of a mining claim upon a lode or vein of ore , ahould be laid along the same length- j wise ot ita course, at or near the j surface, both under the mining act of 1SG(3 and 1S72. Second Each locator is entitled en-titled to follow the dips of the lodo or vein lo an indefinite depth, even though it carriea him outside of tbe side lines of the locaiion, but tliia right ia baaed on the hypothesis that the Bide lines substantially correspond corres-pond with the course of the lode nr vein at the surlicc, and that it is bounded at each end by the end lines of the location crossing the lode or vein and extend inc perpendicular)' downwards aud indefinitely in their direction. Third If the location be laid crosj-wise crosj-wise of tbe lode or vein, so that its greatest length crosses the same instead in-stead of following the course thereof, it will secure only so much of tbe vein aa it actually crosses at the mr-lace, mr-lace, aud (be lode lines ol the location will become tbe end lines. Fourth A locator working subte;-raneously subte;-raneously into tbe dips of the ve n belonging to another locator who i in possession of his location, is a tree passer and liable to action for taking ore tberelrnm. Iu accordance with thee principle, this court holds Unit tho Flaei-tall Company is outside its rightful buur.-duriea buur.-duriea and it therefore atrirms Ibe judgment of the lower court, iu favor of Helen Tarbet. Justice B.-adity delivered Ihe opic ion. |