Stewart Mining Co. v. Ontario Mining Co.

Citations

• 237 U.S. 350
• 35 S. Ct. 610
• 59 L. Ed. 989
• 1915 U.S. LEXIS 1339

Syllabus

<p>The locator of a mining claim has the right under § 2322, Rev. Stat., to the surface included within the lines of his claim; and, if a vein has its top or apex within the claim, he may follow such vein downward, although it may depart from a perpendicular in its downward course, outside of the vertical side lines of the location that is, into adjoining grounds within the limited lines expressed in the statute.</p> <p>The strike and the dip of a vein must not be confounded nor the rights dependent upon them confused.</p> <p>Where the state court does more than merely decide whether the apex of a vein is or is not within the location, but also construes the statute under which plaintiff in error asserts its rights there is a question of law as weU'as.'of fact and this court has jurisdiction under § 237, Judicial Code.</p> <p>Extralatéral rights to a vein under § 2322, Rev. Stat., depend upon the position of Its top or apex.</p> <p>Accepting the proper definition of apex of á vein as all .that portion of a terminal edge of a vein from which the vein Las extension downward in the direction of the dip, it does not appear that the apex of the vein involved in this action was within plaintiff’s claim and therefore, no extralateral rights exist under § 2322, Rev. Stat.</p> <p>Quaere whether under § 2322 Rev. Stat. á vein can be pursued in the direction of its strike at an angle of less than 45 degrees to the-course theréof.</p>