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Show mining department VERY IMPORTANT A DECISION. The Federal Supreme Court Decides a Colorado Case in Favor of Tunnel Owners, Giving Them a Great Advantage. The Supreme Court of the itI,P crossed. Such gUtM has juKt rendered a division I'niHMt f the letter to which Iiiutto the mining Importance prat refer, from Commissioner mU of the West OR It given a reat ml- Jl1'11111011!" f date September 21, owner of tunnel. to the INvantage - (laud nlfice report. 1872, page GO, The court, in it opinion rendiTod In 3 Copps land owner. 130.) It may 1m hIko noticed Hint In this letMining the caw of the Enterprise ltlco-Aimter the cnmndxKiniicr affirmed the Company, appellant, against the right Consolidated Mining Company or location oil either side of the tunnel to In of the certiorari ou a these writ words: rt al.. When a lisle Is United State Circuit Court of Appeals struck or discovered for the first time by running a tunnel, the tunnel owners for the Eighth circuit, said: This ease involves the construction have tin option of recording tlictr of unction '2X23 of the revised stuutex, claim of 1,500 fet, nil on one side of "Where a the mint of discovery or Intersection, which read as follow: tunnel Is run for the development of a or partly on one and partly on the othvein or lode, or for the discovery of er side t hereof." We hold, therefore, thnt the right to iuIiipr, the owners of such tunnel shall hare the right of possession of all ft vein discovered in the tunnel dates vein or lodes within 3,(NK) feet from by relation buck to the time of the lo(be face of such tunnel on the line cation of the tunnel site, and also that thereof, not previously known to exist, the right of locuting the claim to a vein discovered in such tunnel, to the same arises from its discovery in the tunnel, extent as if diwoveml from the sur- ami may 1m exorcised by locuting thnt face; and locations on the line of such claim the full length of 1,500 fret on luuuel, or veins or lodes nor appearing cithor sldi of the tunnel, or In such un the surface made lty other parties proportion thereof on either side as the r may desire. It was well said after the commencement of the tunnel, hi by and while the same living prosecuted in the Court of ApMnls. in its opinion tills case: "The striking characterwith reasonable diligence, shall be invalid, but failure to prosecute the work istic of lids section of tin net is, thnt un the tunnel for six months shall be it gives tlie right to the possession of conxideml as an abandonment of the certain reins or 1m1ok to the diligent right to ail undiscovered veins un the owner of a tunnel liefore his discovery or l(Mutlon of any lode or vein whatline of such tunnel." ever. contingent only uimui ills subseA diagram is then given showing sitquent discovery of such veins In his with uation of llie pmM-rtiiv- , together an explanation of the r.me. and a brief tunnel. Veins or lodes discovered oil history of the case prior to its njqieiir-anc- e the surface or exposed by shafts from the surfiire must In found lMfore any in this court. The opinion of the iViurt, which was right to them exists (section 2 and net of May HI. 1K72; sections 2320, In favor of the ileferdants. was deliv2324, Hev. Stilt.), but ibis seel ion deered lty Justice Brewer, and is as i, ii fol-kw- s: It will be oltserred that so fan as the men; location of the two claims. Yes-l- a 1 and Jumbo No. 2. tin former was prior in time to til latter, and would, if then1 were no other facts, give priority of right to the ore within the limits of the conflicting nel was, however. territory. The tun- oca led some eight or nine months before tin1 discovery anil location of the Vestal claim, and the statute gives to tin owners of such tunnel the right to all veins or lodes within .'.um feet from the face of such tunnel on Hie line thereof, not previously known to exist." lty virtue of tills section, therefore, the right of the 1 defendant to till rein was prior to that of the plaintiff to the mineral in their elaini. In this respect the t'ireuit Court of Appeal agreed. The matters now In dispute an the extent of that right and the effect of a failure to "adverse" the application for appellant. The right to the vein discovered in the tunnel is by statute declared to be to the same extent as if discovered from the surface. If discovered from the surface, the discoverer might under revised statutes, section 2320, claim "1.5110 feet in length along the vein or lode." The dear Import of the language, then, is to give to the tunnel owner discovering tho vein in the tunnel a right to appropriate UiflO feet in length of that vein. When must he indicate the particular 1.500 foot which he desires to claim? Counsel for plaintiffs contend that it should lie done when In the first instance It is lirst focated. and that if no specification Is tlion made tho line of the tunnel is to lie taken as dividing the extent of tlu claim to the vein, so that the tunnel owner would lie entitled to only 750 feet on cither ship of the tunnel, while counsel for defendant insist that he need not do so until the actual discovery of the vein in the tunnel. We think the defendants counsel am right. In order to make a location there must be a discovery, at least that is the general rule laid down In the statute. Section 2320 provides: Rut no location of a mining claim shall lie made until discovery of the rein or lode within the limits of the claim located." The discovery in the tunnel like a discovery on the sun face. Until one Is made there Is no right to locate a claim in respect to the vein, and the time to determine where and how it shall lie located arises only upon the discovery, wliellier such discovery lie made on the surface or in the tunnel. Tho case of Erhard vs. Roaro (113. I. S. 527) is not in point, for there the preliminary notice, which was made upon a discovery from the surface, simply claimed 1,500 feet on this mineral hearing lodp." without further specifications as to boundaries or direction, and it was held that was equivalent to n claim for 750 feet In each direction from the discovery shaft. It may be true, as counsel claims., fhat this construction of the statute (fives the tunnel excavator some advantages. Surely it Is not strange that t on gross deemed it wise to offer some inducements for running a tunnel Into the side of a mountain. At the Mime time it placed specific limits on the rights which the tunnel owner onhl acquire. lie could acquire no veins which had theretofore lnen from the surface. Ills right reached only to blind veins, ns they may be cnllcd. veins not known to exe ist. and not discovered from the ls'fore he commenced his tunnel It required reasonable diligence In the prosecution of his work. It placed a Unfit In length 3.010, beyond which he might not go In hi search for veins and acquire any rights under his tunnel location, and the veins to which he might acquire any rights were tlMse 1 ed sur-fne- MINING tory of the Vestal, was a matter or pure speculation, and there would be no propriety in maintaining a suit to establish defendants Inchoate right to delay the Vestal claimants In securing patent on a mere possibility which might uerer ripen Into a fact. The obvious contemplation of the law In respect to these adverse proceedings la that there shall lie a present tangible and certain right, and not a mere possibility. of counie, the owners of the Vestal claim had notice, from (he fact of the location of the tunnel line, of the possibilities which future excavations of the tunnel might develop, and so they were not prejudiced by the failure to "adverse," and as tlic dcfcndaut could not In any suit which it might Institute, establish a certain adverse right, and as litigation In the courts Is based upon facts and not upon possibilities. it seem to ns that nothing was to he gained by instituting adverse proceeding, and, therefore, nothing lot by a failure to do so. These are all the question In the cose. We are of opinion that the .ireislon of the court of appeals Is right, and It is Mont SUGOCaTIONS NOTES. tt0, 000,000. A car of gold ore from the Dcxtei mine at Elko was shipped to Salt Laki recently. A recent shipment of twenty-thre- e tons of Magnolia u ml 'cl the uwurn C220 per ton. i Sacramento s ;oo l demand of Northern at 30 ecu tv Light are quote The aquaws neii: ilodie earn considerable money by pounding rock up in a mortar anil lioriiing out llie gold. It will not In loo ; before active opu working tin erations will mines of L'ti 'r Colton woo-- canyon. The directors of the Malvern Mining oompany have made arrangements tc obtain pulenUon their Sunshine prop erty. Every one in Rico. Colo., who can get hold of a pick and ah ml is prospecting ou tlie new gold belt below the town. Sylvanite, a gold camp in the Yakt district. Montana, has grown in a year from a single log cabin to a population of 300. Leadville grent'y excited over the discovery of a third contact vein in the Burin properties, and it is believed thnt this great camp has a new lease . . In-gi- Our Calcutta contemporary, Indian Engineering, which usually inclined to 1m outsMiken, indulges in some plain talk with reference to complaints made lu the English papers, that English mining engineer are lNlng superseded by foreigners In the management of colonial mines, especially by American engineer. It say: In our varied ex-- ; lMTience we have notk-ethe same should an ap-thing, mid nowaday point meut fall vacant, the American has a better chance of securing tlie lMist t linn the Englishman. The reason of tlii stale of thing is not far to seek." In India the has been on Ilf. With its heavy mineralization, Blue chiefly in the coal mines, though the same state of affair exists in such mountain is a genuine prospectors' parmetalliferous mines n exist. The men sent out from England, our contempo- adise. and especially so as the country rary says, have In most caws been in- is well wooded and watered and coal competent. Their education has been is plentiful. defective., they have had insufficient A movement is on foot by the mine exjMTienee, nnd they are Inclined to Insist on the adoption of "old country" owners of Itah to erect a smelter methods, without regard to the differ in Salt Lnke valley, in order to offset out conditions existing in India. As a the high workii g- charges mode by clares that the owners of a tunnel by rule they luck adaptability and ulxu smelting men. tact In their subordinates. Too simply locating and diligently prnxecut often treating secured appointment have The Mcrenr mine ba been shut they lug it, without the discovery of any vein or lisle whatever, 'shall have the chiefly nlMaiise they are relatives or down for the purtose of putting in new liangers-oof director. Tlie results right of sisKcsion of nil veins or lode have machinery and mulling other necessary Ml naturally liccit unfortunate. within 3,i fret from the face of such I'u ler tlie new system too course Of ft do to will not Improvements. make tunnel on the line thereof, not previouselm motorization, for there its capacity la to be increased 300 tona a sweeping to known such discovered exist, ly Jn of high per day. tunnel, to the same extent ns if dis nre English mining engineers standing nnd ability, as is shown by covered front the surface.' Indian Engineering, lion. Texas Angel reports that Wood In Hope Mining Company vs. Brown their success. much truth has however, undoubtedly is experitneing a marked reviKiver (11 Mour.. G7n, 385) tin Supreme Court of Hie state oliserved: llut has he (the to stand on when it says, in conclud- val. There is more activity iu the We ihiuk the time tiv.ncl owner) not an Inchoate right in ing its articles: come lias a to make radical change in mines than for a number of years, and such veins, which right kept alive by the of system mining engi- the people feel renewed confidence in training prosecution of work on the tuiiuel ac- neers. those men who In- the future of that section. especially ini to lie to seems law? This cording statute tend to seek employment outside the piled by the last clause o'-'The indications arc that there will work on mother country, for should the present that failure to prosecute continue, Englishmen must be a great deal of activity this Rumthe tunnel for six months snail lie con- system to stuud down for those of other mer in sidered as an abandonment of the right the Blue Mountain district, and to all undiscovered veins oil the line nationalities, who keep abreast of the arrangements are being made already times their by superior training. of the tunnel. The fact that said non successes The nehieveil American for the development and operation of lyAfrica action on the part of the' tunnel claim South in ami a large number of properties in the mining engineers ant should constitute au abandonment where the mining enshows that it was the Intent of Con- other countries control cer- camp. gress to reserve such lode from the terprises are under British Meadow Lake, Cala., is renowed for to these support opinions, tainly give commencement of the tunnel, while it of immense deposits of gold and copand in are its favor strong testimony wan prosecuted according to jaw. See In training. It I not all in also Black vs. Sierra Nevada Con. Cin, our systeniR per ore. Some of tlie mineral carries In the school training, however. Co. (2 Idaho, 280.) the ore is so base that it the natural conditions nnd en- free gold, but Tho plaintiffs further contend thnt America Is not a smelting proposiif resourcemen to nothing make vironment an net passed by the territorial leglsla ful nnd tend es- tion, and with this mode of treatment are nud these ture of Colorado in IStSl (Sess. Law sentials In pood engineering. More- In vogue, the district will retrieve lout Colo. 18iil. p. 11(1 Mill1 Ann. Stats, sec. 3141 W.) limits the right of thp over, the conditions here more closely prestige and come to the front as one those in other countries than tunnel to 250 fret on each side of the resemble those of European countries, and of the most prod active and best paying tunnel. That section rends: "Any per- do son or persons engaged in working a our engineers arc more familiar than: mining cninpa in the west. with them.' Over 2,000 claims have leen recordtunnel within the provisions of this others It Is now well recognized everywhere ed in Eureka, Xcvadd, and aliont 40C feet 250 to shall be entitled chapter it can no longer In cnllcd "Anicrl-each way from said tunnel, on each that can to say thnt American engi-- , mines are entered upon the county brag" But if that seclode so discovered. books as neers. yetlesi especially in mining, metallurtion has not been in terms repealed by are derailroad mechanical and 100 gy, work, active arc of them under tliuu was it of Colorado, the Legislature mure other successful those of than any superseded by the legislation of Con- country, and velopment, owing to much needed capthey command lilghei ital for gress, as found In the Revised Stat- salaries than others exploitation at depths below In more nre and utes. (Eliot vs. Campbell, 18 Colo., demand. This Is evidenced In South the reach of the ordinary prosjiector. 010.) Africa. In Australia and in Russia, Tho remaining question is whether where Mr. W. Baystcr, who is largely InterAmerican mining and civil en-the failure to adverse the application ested in the Blue mountains, states nnd metallurgists arc paid very for a patent for the Vestal claim de- gluccrs ims-tliau those of salaries a any higher that large number of Colorado peo stroyed or impaired tho right of the other nationality, and nre now iu are not. Sections We think defendants. pie getting a foothold there, and expwlnlly in Africa, of near2323 and 232)). Itpvised Statutes, con- charge, wild over the showing made, are nil the most important engineering they tain the legislation in reference to ad- ly surface indications and by as both to and works. Mining Engineering verse claims. These provision are wliat lias lieen done in the Hold work substantially that when a party makes (Juccn, the Dream anil other properties his application for patent, if no adand Mining. in the district, aa wherever the cap' verse claim is filed within sixty days Tin Mining nnd Scientific Press of from application notice, it shall be asrock has born displaced, good gold sumed that the applicant is entitled Sail Francisco offers the following values have been found. to a patent: that when an adverse suggestion that Is worth considering other states: claim i filed "it shall le upon the in Colorado and The discoveries made in the Mereur In tills ol u inn some time ago it wn oath of the person or person making the the that of the past ten days only confirm suggested faculty the show shall nature, and during the same, boundaries and extent of such adverse School of Mines at the State I'nlversity what has been suspected for some time some scheme by which young claims, and ail proceedings shall bs devise In the mining districts would be in relation to the Mereur ore bodies. men have shall the until controversy stayed to do part of tlie work required In the Mereur mine it was believed the enabled of a court been settled or decided by ll for tlie degree of mining workings were living run ou tlie candidates of competent Jurisdiction nr the adverse their homes. The for some reason a winze was claim waived. It shall be the duty of engineer at until of local schools of mines the adverse claimant, within thirty when it was discovered that the to com- would, of course, lie out of the ques- sunk, his claim, after filing days Im was only a thin sheet of limefootwall t hero men hut could young mence proceedings in a court of com- tion: for the study of geol- stone and below it was a body of rich directions the given determine to petent jurisdiction and in ninny cases, thi another question of the right of possession nud ogy, mineralogy, in the mines. A little prac- orq. Sinking through chemistry reasonable same with below this ranched prosecute was and footwall to a final Judgment, and failure tical work done in any of these sciences Mereur vein. the Whether another would peothose who to enable adhi of promise to do so shall lie a waiver enter the School of Mines nt Berkeley ple have reached the actual footwall or verse claim. atlll have other ore bodies below them Now. at the time the application for to obtain degrees in much less than was pre- the time usually required. There is !a still an unsolved patent to the Vestal claim had problem. The comthere no reason why eneh mining town of sented and the proceedings the in this state should pany, during past winter, made a consequence on. the defendant knew of no vein any not a have of good collection number of working to the it upraises, and thirty feet dispute which would enable minerals. This, and university exten- from the bottom of the a to Vestal owners of the the of hanging wall right It will be sion lecture1 by tlie professors from broke into a vein of ore patent. The Vestal claim. apparently Berkeley, would make a beginning. perceived, runs jiarallel to the line of There are many gins! purpose flint extensive aa any of those found below, the tunnel and Is distant therefrom the mineral collections from the mines some 500 feet. The presumption, of would subserve of any ran county vein Jim Verlngton has bonded a mica the lie would that course, of education, and then1 should lie mine In Lincoln lengthwise and not crosswise of the Hint county, Nev and the claim as located, and such a vein no difficulty found In forming them." samples eut out 4x24 Inches, It la the would not, unless It radically changed finest variety ever discovered In that Prospective Purchaser' "Ton ssy he Is Its course, cross the line of the tunnel. Owner Indeed." Yes. wstchdng?" enrage country, and perhaps is naeqnsitd in Whether It did or not, or whether lint how am I In know IhatP Im; Try found in the should he vein other any jea' n outside 'N uiie and climb In at Ibal tha United States. tunnel which should crow the terrl winder!" 1 j I d 1 1 I exiM-rienc- The great vogue of the bicycle, the extension of trolley railroads, and the introduction of the cabs, have called out many dismal predictions from the horseman. The public has been told times without number that (be reign of the horse lx forever over. In illustration of this statement the unprecedentedly low prices at which horses have lately been mild are quoted,, and there comes grewscroe stories from the wild and woolly west of the shooting of entire herds of horses on the ranges. In order to save the pasture for the more valuable beef creatures. Aa a supplement to these tales, It is ever said that canning factories have been estabiiched, where horseflesh Is put up In parted form for unsuspecting forThe paragraphere aad car- -, eigners. toonlsis have had their fling at the euhjert, and If one should take the' signs of the times, everything would seem to point to the virtual extinction of the equine sppoles in the not remote future. Blit those who love mans best friend and servant among the dumb beasts, and who do not care to surrender him for steeds of steel or naphtha fed cabs, need not be unduly alarmed. In fact, horse flesh would seem to be an excellent Investment at this very, moment. With the fall In prices that was due to a variety of seasons, horse breeding has been given adequate re-auto-Mobi- le e - ; N 1 1 ex-lM- !' self-relian- MODERN 1897, by sea's output of tlie precioui (Copyrighted, Plan Association.) Building l&'JO was over metals for the year Foreign and Amrrlran Mining Englnrem, FOR STABLE. iftLDiNfPLMAtt AKflimSd. turns tor the jrast few years, and more brood mares have come upon the market than ever before In an equal spare of time. Comparatively few foals have been born, and prices are bound to rise betore long. Aside from all questions of value, few people who live in suburtnn places care to be without horses, and the question of housing them suitably baa to be met by a large proportion of builder. The carriage house and stable must be influenced more or less by the nature of the ground and the relative position of the house to which It belongs. The general rule, of rourse, Is that It should be inconspicuous, or if It la where It must be seen, it should not suffer In comparison with the finished villa. At tlie same time Its character must be born in mind so that It may net detract from the dignity of the dwelling, even If the general style of the house la followed In the matter of architecture. The ornamentation must be far less profuse and ornate. Extreme simplicity combined with strong and artistic lines always give the best results. The accompanying plans show a stable that would grace any suburban place, and wih-ordin- ate t, I I X'nlT-ml- ty Kxl-nul- nn foot-wa- estali-lixhinc- dill-gen- re ts-sl- :?et It Is not very expensive, or preten-(lou- s. The general plan Is rapabie of As originally many modifications. drawn It provides tor all of the lowest Improvements, single and box stalls, carriage room and washing stand, harness room and water closet, all on the first flower. On the second floor provision Is made for the hay loft and the quarters of the coachman. The foundation is of stone, the exterior rough clapboards and shingles upon which if we used red and green stain the effect la admirable. A Illmgrrrnbl Conurqurnca. hate to visit your rich Why? Don't they treat you You say you relatives? well?" Oh, yes, they always do everything they can to make it pleasant for us, but my wife never gets through complaining until about two weeks after each visit because we are not aa well oil aa they. Cleveland Leader. A (irntefal Memory. You must miss your husband very much, Mrs. de Lynn. Miss him! 1 should ay I did. lie was the only man I could ever trust darling Pldo with. wiped away a pensive Free Press. tear. And she Detroit Opportunity. There Is In tha minds and hearts of many people a profound conviction that a new era of aggressive work Is about to be ushered in; that a new day Is already breaking a day of moat glorious opportunity. Rev. John W. LysU. |