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Show MINER IT LIMITED TO WALLS OF VEIN . In the current Issue nf the Mining and Scientific I'resy is to he found fin abstract nf a decislnn pven hy the United States circuit court of appeals (California), dated Kebruarv :! of this year and not yet reported, re-ported, 'dealinsr with extra-lateral rights and narrow and undulating veins. The ense Is that of the Twenty-One Mininfr compar.v acainst the Original Sixteen to One Mine (Inc.). The statement follows: ' miner in following his vein extra-latorallv extra-latorallv is not limited in his operations to the exact area within the wails of the vein where the same narrows down to a width which would make working impracticable, im-practicable, or to the exact course of the vein where the same is undulating in its course and economical mining requires trai'-ht drift". Congress, in granting to the locator the exclusive rigiit of possession posses-sion and en.iovmont of all veins, lodes, and ledges throughout their entire depth, did not exclude narrow or undulating veins, and the word 'enjoyment' must he given such a construction as will make the grant effective, even if it Involves widening of the drift beyond the vein-walls vein-walls to make mining of the vein possible pos-sible The surface owner of Hie claims beneath which such extra-lateral rights of -idininiii" claims extend holds Ills title subiect "to this right of the adjoining claim owners." |