Wilhelm v. Silvester

Citations

• 101 Cal. 358
• 35 P. 997
• 1894 Cal. LEXIS 1040

Syllabus

<p>Mining Claims—Location of Cross Ledge. —A subsequent location of a gold-bearing quartz lode crossing the claim of a prior locator of another lode confers no right upon the subsequent locator to any portion of the cross lode, which lies within the boundaries of the first location.</p> <p>Id.—Construction of Revised Statutes.—Section 2322 of the Revised Statutes of the United States, giving to locators of quartz claims “the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines, extended downward vertically,” is not overcome or repealed, or in any way rendered nugatory by section 2336 regulating the intersection of two or more claims, which applies only to intersections consistent with all the provisions of section 2322.</p> <p>Id.—Construction of Conflicting Sections.-—The rule of construction that, as between conflicting sections of the same statute, the last in order of arrangement will control, is to be invoked only as a last resort, and where the conflict is so sharp and complete as to leave no possible room for giving both effect; it cannot be applied where the provisions are capable of reconciliation.</p>