Show TUNNEL RIGHTS KI GinS fes to prama iea I 1 send bood you a synopsis of I 1 e uter taut in 10 rolat ioa to tho the sot not ol of 0 ot U MB luto 1872 governing ihly I 1 to 0 o 4 of that act ct which reeds t when a is ron full lor for tin be development of A vale reio or of bhala ibo construction ot of tills ibia section and ica interpretation I 1 have dever lilt but ono opinion go and ay iba ban that which ia a expressed th theocia ercia to O wit wil bat bettt it the joan tore tora or ol a tunnel tho flight tu to prospect by of an adit or LOO loa net nel a treat of minor 1 laud embraced within a of by still thing over ODD hundred acres orea and od rho iho prohibition of the abo lo 10 casioa of c mining claims upon that tbt area unless such lodes wort wore known and od located prior to tho the loftt lou ot of the tunnel claim GOD willis drummond comin coar it aloner ot of the gus quail rot laud jim lu given his hid interpretation ul of this section which il if sound indicate lodio aio that congress perpetrated a grand join upon illo mini midion da later est colb when it il passed is ft liw lier with aili nob each profound ail laical iloco blob I 1 ilia us ua loiba to 1 wit the ibo bon of the is ia held beta to bo be the width rod on DO moat tax tight or ten fact rt as the OCIO diac lee may y be and id las fiot in 10 ad upon this fitta nalva area of jorj leads about ono half ball an a bott mici which knudt bu marked a the sorl Bor laoc soo red tho the loc lion HOD ol of claims is 1 prohibited whilo while be owners or of the tunnel prosecute their work with iab reasonable dili geneo who ara ra entitled to 1600 toot loot lopoo the length of each vein or lodo lode oat by work which does docs not appear spas tho the surface Barff tco or oven eca dot DOC pro known to such by the itie commissioners commission or docie foo ho be azacl tunnel line baving won definitely marked upon the surface ear faco it cont not vary from rom that line lide to tho the right or to the left it 16 may get of its legal limits and atod wholly in n it if states is IB the law by what means ore re boncel right to so BO qui quire of abu entries 11 ground d usually snowed to catalog claims for ft a vein or lodo lode discovered or cut ly by their tunnel which cement cannot bo be upon the surface tunnels aro are located with a view to 10 intercept or out oat undiscovered veins at donto cents or right angles with the place piece of strike end od ars are not op ep blo to BB a rule lalo to tho the development 0 of I 1 a vein reia upon to course by this decision tunnel offord era arc therefore confined to quite ond and DI ria TOW row limits bimka beneath the our eor II ance of the ile ground cronne upon which they C cra h III d di coover iea wilh ivila this thia interpret shoo of fit the law lair by tho the I 1 closet see eco tho the ube cw of bid AS ollowa follows to wit this allies abaft take particular care t but oo no improper advantage is taken of ibis provision of low by partite making or OE professing to 10 make mabo dannel f ostensibly for the he purpose name a IQ in tte the aloo tat realty really for or the par pace or if monopolizing the abo lend landd in ID front fredt of their tunnels to be detriment of 0 the rho mining interests inte rei and aqil to ilia ibo ormolu loa ion of ben fido fide torn tore or minere lot but will bold such t to a atrid oom pit sees DOO with the of th tbt s act sod bed we savable rca diligence on OD their part pare ID a the work is one of the of their heir implied contract On tract negligence or wao wan ol of due dao will kall be ba as work lue ica a lorle auro of their right to all ando covered velos on the lice hoe of 0 1 abc of cf the ho law le la the standard go craigg tunnel rights why he bo at 0 instructions as before geared it ft a right consists ot of a min inia oral lead laoj four to WEL tea leob ital in 10 width sad ud awo feet long and wilbia the cho limits of this thia area trek ft a beta bom fide fiJo pros proa pouter or minet aloft fiade fiaai a lode or of load lead it toast be a very poor vein that tbt wilt will not list carry two to 10 CM ate foot act from he initial dio dLo overy sod od ol of tie ibe lancet limits ocoa opoa it its line of strike lo Is I 1 nonet cannot see bee that say eoy me monopoly 00 poly of the be laid lying ja root 0 abu wood claims can bo be ID made by 7 coast owners AS they bra are virto virtona vir tony any tarred from rom any oy surface n glita whatever its so e boy doll at of 0 mining Is ODD coda car did it if the doai fion of tho the law to 13 the ila law alea I 1 we old gag rest reet the amendment ot of the ibo text to the verva cul of the aiding corn core audit aad to read something 63 fat fall owe ill abo lucaora lo caora calore of canuela shelf have the xola iivo right or of posses ion fon of four feet ia fit such load lead or lodi lode Stair in such each tunnel within foot from tho the face hereof sod kod if f DO other parties have found said loads as do or lodes before them then in fa thic that event even tUcy will be allowed to locito loito 0 ito 1500 fact on the length thereof t to 0 the abo same extent as it f from tho dowid now I 1 do 0 no DO pee pec As before expressed any 1 provision provi eion for abe location of grouard upon V ciao in a tunnel by it ita ow aers and IQ in view VICT of this rod and other features foa turea of 0 file law it the of a parallelogram of feet by NO MU ot of the ibo mineral ID laong do AS a tunnel right sod rod the tha liao hae thereof tin area re their abaft dit or 0 way dry be loczko as aa is ia j ad 0 they way may sea lit fit sad iba be p aada girt to voice or lodes dis discovered coveler thericia tj a to terminate at al the ho bilde filde lines of said aid area and to bo be dome salient upon failure to comply th r alt Meco he bo 2 the commissioners to mm acra cons construe truo tiou ties with the law in m fin portent point 1 I bo be laws law haild yit the invest awnet have tho the right ol of DOMeS 2104 ol of hu veins or lodes lode ble rho iho comma wa earo vied Vind loides only slid od in ID bid 26 he wees titters a with the law la in prospecting kittila tho the limits of ct the claim over j co sale tor lox lodes no not appearing on OG too lad lariat od ad pledges bin conformity to the bo several text of the law alti by prom idall to take particular oars or bat no I 1 loj profir advant era taken ol 01 tho ilia of at the ibe law eto boo which n a mainly the of 0 ili land I 1 irit griL boot bout to low to lo bit guarded i 3 according to tho the cipf ol 01 0 ali be tax tunnel riot of ilia ibe seclusion of 0 f a parallels I 1 I 1 grani ism ot of feet feel by br I 1 bill iab snores an arc of ground for damps atai etoi so ai may mu bo be provided provid fed by distrust 1 pr or 0 liw iab only to bet upon tle be leagle or lodes out ont by b 1 leend a BO 0 conj it RS a they ora kf dili geoco the luff law reason OD ft mining oi to bo be worth orelli of work per and od to abo of Is ft claim the rights obtained kra are 1 feet veins veini to eo ebal reasonable lie la ela pros aution of work oo on b tun talk tie dr I 1 w 14 bi too per kaoung lor for each 1500 fatt of cat ta ile lie ucla 1 od lbs be law iw to ski ai w noUa i ia a a tunnel right fi defines very clear rot reason atler diligence I 1 to IQ wit vit falaro Fai FC toro laro to 10 work vork 00 ft 6 loch at lor for mx bit aido lis mcball be considered an of cf the ilo right to lo an undiscovered atles ID bu the lino of said lu orgal 4 it I 1 the iba r 13 guage aright the of the ho illegal cry I 1 be bal truthfully stated bokow to wit rit 1 1 rho rights to 10 1510 feet in in of ou an or lodes oat tia by br the tunnel oot not lo lobbied arted 3 the of a par josjor of by I 1 WO feol feat a of mineral wi neri lad upon which locations 1 b add oo GO votes oot not on the a aurelo u cioce by other partite after the commencement of aba be tunnel bra ro lo invalid valid 3 failure I 1 to prosecutor work on tho the tunnel tor for ox ii mot itts lit is a forfeiture to 0 o all ilia bo right granted by the low 5 it to claimed by somo some portion hit by a forfeiture of the leonc rigi glato to kit undiscovered tecoa fail of 01 lodea eta do that hat they retain posse alloo to their AN adi I 1 or tunnel or ilia work performed thereon thore oo upon ibis point pagel ilia ibo uw law i in silent sad od in ia say fur op opinion plan it if would be governed by the ibe general letter of law hw i a mining claim is ia abandoned ilia arif a eta are ra also ifo loaf just an n alt or it tunnel to only a horizontal horison ll abaft for the of bolds or lodes lodea bod and whon when aboy ago forfeited for toiled the adit or MD can vot cot bo be held bold to a pongee cry right which is 19 arither or implied to JD rho it sad kod fit B the monopoly ity of abo be land daod granted to tuu lou ool not right to ie rho ibo paramount object to be bairt the law cri preasly sequins work to be performed perlor mcd upon a k tunnel every six ix months it is 10 considered and for failed tf I 1 boo do no DO basis in 10 the lie low law ter lor the ibo of the and grefor the law lair itself to mi his LIOU thereof the reuf the views expressed by mo me uro to the opinions oDB of gaining moo lawyers and lodges immediately 1 slier the poage eago ot of tho the law w sod ad to ul I 1 had bid become cahill Gif rl a that tbt aadi visualized tal rt however well dirtat id fill 1 in fa gring aid lathe la tag proper bud inott litigation gation of the minor of ho be grout great so co that by the of ibis lw law nil kit our oar barriers bar ritiro would J bo be overcome arid and so ID kroa arca of or land coult bo be secured 16 monopoly to 0 warl suk the of capital and biard safe so ot t profi profitable rable returns apon its from ibo physical character of our oar ranges containing vast tit storehouses of mineral crat wealth stid arid t to 6 of organized copilot capital for or the iho extraction sod utilization of the same bamo into commercial ifal tho the of a loans to bo be hailed bailed as the wisdom ot of the mant t ramn and its accounted as 13 the ibo jiwa of iho cho alidea and POZ per signs aiice J 0 ja einfalt Uner poor DIAMOND cintio april 21 78 |