Summary

Jim Butler Tonopah Mining Company v…

The locators 'of any mineral veins, lode or ledge' are given not only 'an exclusive right of possession and enjoyment' of all the surface included within the lines of their locations, but '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.' A locator therefore is not confined to the vein upon which he based his location and upon which the discovery was made.'
And also (182 U.S. 509, 21 Sup. Ct. 890, 45 L. Ed. 1200) :
'Blind veins are not excepted, and we cannot except them.
Source: Wikisource

Jim Butler Tonopah Mining Company v…

For 750 feet out of its total length of 1,150 feet within the West End claim each limb is practically a separate vein with a distinct summit or terminal edge. For the remaining 400 feet the two limbs are united and from the point of union the mineralized quartz or rock continues upward for from 20 or 30 to more than 100 feet, and this seems to answer all the calls of a summit or terminal edge. In these circumstances we hardly would be warranted in saying as matter of law that the vein has no top or apex within the claim in the sense of the statute. See Stewart Mining Co.
Source: Wikisource

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