Show MINING DECISION tito chuo at wm F disk blake irs T iott aulta miring Ca company stray 1 in alio llio court of J iab latt 1 tt m V it 1 1 1 NII NI I fal aa P from m alboth iho third Dl trici couri Bore tilSo justice delivered tile alic ion of ofilio like court the contest conical in ailts lilts came Is IR be between tuen iho be 0 oregon n mining claim and the butt butlo k log claim both locations nom Is ado prior to the iho enactment of the iho law or ISN 1872 respecting mining lo 10 cat ions the butte won was prior la ilk time as it w u ax ad located on the llie ith dili duy day or of au all 9 gust 70 sell and tho the oregon WM was located on alio llio tiny day of september 1971 1 the alio but to claim was patented c id and A the procuring preau ring or w hitch I 1 alic oregon enst claimants did not protest in the a huriam grounds I 1 of those these claims conflict flicht but ilia butte lodo lode and tho the oregon lode STO separate and distinct cm the oregon lode within I 1 n tile tho boundaries of the butto butte I 1 motion location and hence uio the respond ent cat luys buys claim thereto 1 1 I lio beagin began work upon the oregon train but ut within tho the boun carlei hirl of ilia butte patent 1 I 1 hereupon larl t obtain obtained a temporary injunction which upon motion ol of to re spon pendent dent was dissolved front from file order the injunction tins this apler ill ii bon brought u A person who makes a valid loco lion or of a mineral ledge or lodo lode and complies with tho the laws and the local mining ruled in fit respect reaped ob thins a vested right to properly or which he cannot bo be directed taul act of slay may 10 lyas SAYS ay that contained tried in this act shall be inta construed to impair in any aay way tray rights or interests inter cuts in mining prolog nc ftc under existing baws fa r 7 U S statutes at large p oil 91 ace 10 U S r revised statute MC lice I 1 I 1 tho law of IS 1872 2 further that mining claims heretofore located bo be governed AS ai to length along tile the vein or lode by ilia customs custom to lations slid and lend lawa in game tit ill the dt delc or their 07 17 U 8 statute at large it 4 JO 10 we sec 2 U S arti liked statute sec 2320 under the law as it el stood prior to tile tho net jet ol of muy may 10 IS T 2 thorn la Is no olum as to what but tho the relative rights of the cs would have bavo been for llada taht alint law each motor locator was on en titled letl to but ono one vein whereas reas under the law of idill ho he lii is entitled to all arkins lm hai ing ilia trip lop or apex in fraldo 8 tile ilia his surface leoci rho only question n is as to the law or of 1372 th chancia ands lutio ro rights the application tor for baked U upon pan a location madu made under tho ilia laws ol of which gave gara tho the parly but bill ono cartr vein and prior to the law a or 1973 1873 tile tho of parties claiming other veins could not been affected 1 by noy patent that applicant could obtain banny in these rights of plaintiff to lo this separate vein being by the loal last section or of tile the act of 1873 J as wo a have seen expressly r reed mad protect protected eill ironi front any harm harin b by th ef act it was wa not necessary th that stile he p should ly ion i protest had lio protested he be could he have to secured no DO moro main thao than it so ao cured to him by tho the law him without jill hia protesting or of ISM lie he lind hall the right to 0 o the full lineth of life his claim AS aa located along the vein van As that ill right lit Is not imparted in any way by the av law kofl of 1973 tho ilia appellant has still that rag right I 1 nor or do we sea fcc thi that it it A as necessary that he should have dono done work on that embraced within tho the burrace boundaries of U tho a million d on t it is not dot denied that this portion oi of tho the vein cin nan aa within ills his location claim uc ila imd biado ills his location accord according I 1 to 0 data law and mining rules and ill alic A g or of work upon tiny any part there of rind aulm in w here cucu work was done and claiming to tile tho full feet or of lit bla IUCA inca lion would be sufficient clent tito tho appellant therefore tied bad under tho the statute tile right to that hint part or of file oregon lotio lodo bach which enter entered tho land of rc and ilia respondent had bad ou no ritia right w liate hater ver cir chento but of uio the paa dt itkis u which ajo tho rc spon dent sets up as tile tho basli basis of ins is so ac tion lion time docs not purport to lo grint the ore oral gou clu to respondent but it SAYS rays that bat tire tho grant la is subject to the right light of other parties to follow any other vein or lodo lode walli fill its dips angles and varia alons legal legally held under a location mado made prior to such date 11 if this p provision lo 10 had bad beca ion out or of the put pat ent cut ilia position of tile parties would not have bare been affected as their rights aro are froNer governed ned by tho the law but m bon a cahnt la prea caled u which it tell on its ha race negatives gues ne the alic claim clafin or of the lite patentee to other valid i locations it would seem tho the respondents ant want of title to any such other vein was as clearly for the reasons given wu me think that I 1 the be order of the court below should be li versed with costs |