A COMMENTARY ON THE LAW OF

MINES AND MINING RIGHTS

BOTH

COMMON LAW AND STATUTORY

WITH APPENDICES

CONTAINING

THE FEDERAL STATUTE AND THE STATUTES
OF THE WESTERN STATES AND TERRI
TORIES RELATING TO MINING FOR
PRECIOUS METALS ON THE

PUBLIC DOMAIN

AND

FORMS FOR USE IN APPLICATION FOR PATENT

AND ADVERSE SUITS

BY

WILSON I. SNYDER

OF THE UTAH BAR

IN Two VOLUMES

VOLUME II

CHICAGO
T. H. FLOOD AND COMPANY

1902

COPYRIGHT, 1902,

BY

WILSON I. SNYDER.

STATE JOURNAL PRINTING COMPANY, PRINTERS AND STEREOTYPERS,

MADISON, WIS.

TABLE OF CONTENTS.

VOLUME II.

PART XI.

OF SUB-SURFACE AND EXTRA-LATERAL

RIGHTS (Continued).

CHAPTER II.

CLASSIFICATION OF APEX CASES, AND ILLUSTRATIONS OF

THE RULE, WITH ALL ITS BEARINGS.

ARTICLE A.

The Perfect Location and its Cognate — When Side Lines Become End

Lines.

§ 821. Preliminary — Classification the better plan.

822. Same subject — Value of general principles as controlling.

823. Same-The perfect location.

824. Detailed classification of apex cases, division of the questions in-

volved, and an illustration of the matter by drawings.

825. Of the perfect location.

826. The same principle involved, positions reversed, where side lines

become end lines - The Flagstaff case.

827. Same subject-Side lines becoming end lines - Angle of cross-

ing immaterial - The Amy case.

828. The effect of such a location as to extra-lateral rights - Pursuit

of the vein on its dip beyond the located end line.

ARTICLE B.

Veins Crossing Lines Not Parallel, and Herein of End-line and Side-

line Veins, and of Group Claims.

$ 834. End and side line doctrine Preliminary observations.

835. The decisions of the circuit courts on the question presented by

a vein crossing a side line and an end line, and the equitable

features presented.

836. Effect of location and discovery on the dip of the vein where

apex crosses side line and end line.

837. End-line and side-line cases The equitable reasons of the rule

as originally considered in the Del Monte case.

838. The case of Fitzgerald v. Clark - Reason of the rule - A correct

result by reasoning partially right and partially wrong.

839. Criticism of the Clark-Fitzgerald case.

840. Wyoming v. Champion Ideal or imaginary location of veins

along center of claim not conclusive - End line and side line-

What a vein under the statute.

841. Further as to what is a vein — Flat or bedded veins.

842. The Wyoming-Champion case

Circumstances of the case com-

pared with other cases by the court – True construction of the

statute - Particular line or angle of crossing immaterial

Patents and rights under law of 1866 considered.

843. Walrath v. Champion - Law of 1866 — Relation of other veins

in claim to located vein - Other veins crossing side line - End

line for one, end line for all — One set of end lines.

844. Comments and criticism of the Wyoming case Classification

the safer plan.

845. Further comments of the court which sustain us throughout in

the position sought to be taken.

846. No force in suggestion to postpone marking.

847. New but progressive announcement of the law.

848. Further comments to matters in last section - Dangerously near

the old law.

849. Irregularly-shaped locations consolidated in one patent.

850. Same question - The Carson City case.

851. Original location lines immaterial - Doctrine of Doe v. Sanger,

852. Claims patented separately and consolidated, grouped and oper.

ated as one mine after patent.

853. The doctrine of this article summarized.

ARTICLE C.

Crossing Same Line Twice, or Crossing No Line.

§ 858. Preliminary – Growth of the thought denying extra-lateral

rights.

$ 859. Apex crossing the same side line of the claim twice - The Ful-

ton claim and the Drum Lummon compared.

860. Vein beginning and ending wholly within the claim — Crossing

no line at all.

ARTICLE D.

When Extra-lateral Rights Abridged, Cut Off or Denied.

§ 865. When extra-lateral rights are abridged — Previous grant with

impenetrable bounding plane.

866. Right to penetrate adjoining ground granted or withheld accord-

ing to law.

867. Intersecting an older vein on the dip.

868. Lines so laid as to cut off prior vein at particular point of inter-

section.

869. Effect of consolidation of a group — Estoppel - Segregation.

870. Other limitations and qualifications – Meeting of converging

lines — Coutrolling importance of priority of location in the

ordinary case Merger of matters of discovery and location in

patent.

871. Converging end lines.

872. When extra-lateral rights are wholly denied.

873. For discrepancy of definite wall or casing - The Leadville cases.

874, Extra-lateral rights denied for lack of inclination of dip and be-

cause claim not laid upon the strike.

CHAPTER III.

RIGHT TO VEINS, SPURS AND OFFSHOOTS OTHER THAN THE

ONE LOCATED,

ARTICLE A.

The Laws of 1866 and 1872 Compared – The Statutory Grant of 1872

$ 880. Preliminary - The law of 1866.

881. The law of 1872 changed this.

882. The relation of this section to section 2336.

ARTICLE B.

Surface Lines as Controlling Other Veins, and Rights Thereto Extra-

laterally.

885. Extra-lateral rights to spurs and offshoots

886. Judge Hawley's view.

887. An early and somewhat different view by Judge Thayer.

888. The cases harmonized — The true rule.

889. Relation to original date of location.