Show THI IU alb KA alli K SUIT judg ge ioviero Pec decision ision lavitor A enquirer in my letter I 1 endeavored to abow tho the undue nas liia manifested in judge jude r in the abo mini mining og eli suit it here her ini lut liia is I 1 shall take lake t alie to liberty to bring alrin in juxtaposition soma boma 1101 moia 0 of tho the judges rulings and corn coin allol I 1 them with the tha laws of the united states of america us its in by tile now ing in and ining journal Journ which pit pa per I 1 hive no doubt will bo be taken as aa authority in ibis country on till all win inin ing chis authority says aada 0 o byroo tile iho opinion that a n deviation of the icedo from the claim or on overlapping of the ilo apex on cm it side adjoining claim should not a prior locator of ilia his rights lint ut thu the judges argument goes n sooil deal further farther than his conclusion it says ibe daiv does not KYO give to I 1 lie hie locator it number of feit feet ot of the I 1 le what but the law ay actually nt nally gives is so HO much of till nil lodes havin baving their apex in in claim cl rini as aa ili is included be the extended and the supreme court hos hits very properly de aided that the boundary lino line aich a 0 lode crosses in in its course is is hoe bioc un an end line ainu there is 19 no promise on the put part le 0 of f the government and no do e equitable trio aftab claim on the part of t the he minor minei that lie he should receive any particular number of feet fact ou on the lodo lode if his hid locution location is is feet and tho the lodo lode twists so much ili in going through it as to give him 1000 feet of if lodo lode ho he gets it all but if the lode departs from the claim at 2000 he gets geta no moro of it ind and the net of is is do dared by the ho supreme court to have in in this res respect lica tho the same menning meaning ile as that of 1872 i judge ud g e bowon BIS if a locator follows tho the course or strike of the lode in making hii big location so far as it is is indicated by tile the surface outcrop or surface ous the law will wil I 1 not presume is locution location to bo be ini laid d along the ludo jude for forleo the entire distance to which he is is entitled by tile the statue it simply le re quiros him to act in in rood good faith the law lav says bays lie he is is entitled to it a certain number of feet of the lode and lifter after having followed the outcrop and laid his claim upon the course coarse of 0 the lodo lode so far as aa ho he co could IV gain ay any kili I ig aga ot of the tha simo same ha und finds i that the tha beds of lime beneath lite surface are so BO bent to t the west that a portion of the ore bodies lie outside his side sida lines judge pow ers era bays aaa the ibo law entitles entities the cocat locator 0 r to a certain number of feet in in t the he lodo the 1 bo law loss does not say any anything thi ug of the kind according to the authority of made mention above 1 ho law only gives that number of foot oe t of the lodo joao which las has its apex apes in in the claim and no more the iha same authority says A lode which at some point in in its course partly departs from a location is hold held to bo be cally still within it that is all if it should wholly depart yet vat only slight ly anil and again return tilo the intimation of a I 1 the supreme court is ig that the locator could still hold bold it but beyond this there is is no roller relief whoever Wh vei makes a location without iNith out knowing know the exact itil pos po ailion and cause of tho the odo loda takes his hia chances us tu to that portion which ho he has not explored 11 and again it is stated tint that tho the stupidity of the gon gen oral land office has retained in in the form of mining patent a grant giant which thu law dues not authorize thero there fure fare judge powers basing his arga areu ment on the supposed promise it bl grantom the statute chosu chose the th e foundation uis ills true ground brouti d is id the wholesome maxim ac non i mi 11 at lex if JL rime 13 one more feature I 1 wish to notice in the rulings where lo ho lays bays bat at a point feet of the north orn ern boundary line lina of tho the eureka claim there is is a wash and or foot feet beneath the surf a great crush cruel ing and breaking bro ilung of the lime rock has occurred and the complications been produced by nature which have oc casio ned t this his litigation there is no surface indications indica tiona around this thia point that thero there was a ledoor lodo or vin vein ben beneath e th thia wash hut in in this neigh neighborhood neighbors 0 od the bullion company sunk a shaft upon their own claim and after going ing down about feet found a large arge body of ore still lying ft cat ol of tile tho shaft and altogether outside of the lureka eureka claim and this lode or vein which was struck in in the bullion shaft t never again icam enters within the tha vertical lines lilies of the eureka claim from that point to their northern boundary line hence the law says and court has viry very prope properly aly decided that the boundary boun diry lino line wit which i ch a lode crosses creases in in its course 19 nu the there re is and no equitably equitable clion claim on tile tho part of tho the minor A MINER E reka city feb 10 ima |