Joseph McKenna

“ But principles of law are asserted by plaintiff which, it is insisted, determine against the conclusion of both courts. It is difficult to state or estimate the principles singly. An apex is, on cited authority, defined to be 'all that portion of a terminal edge of a vein from which the vein has extension downward in the direction of the dip.' And it is further said that the definition has been approved in Lindley on Mines, because as therein expressed it 'involves the elements of terminal edge, and downward course therefrom.' We may accept the definition. ”

“ The statute would seem to call for no effort of construction, and the distinction which obtains in the parlance of miners and in the cases, between the strike or course and the dip of a vein, is compelled by the statute, and marks accurately the linear and extralateral rights of a location. ”

“ The findings of fact afford a simpler ground of decision. The primary condition which plaintiff, to justify a claim to the ore bodies in controversy, had to establish, was that the apex of the vein was within the Senator Stewart Fraction claim ”

“ That said vein or lode has a downward course and descends into the earth southerly and beyond the south boundary and side line of said claim into and beneath the surface of the Ontario quartz lode mining claim, designated as survey No. 755.' Plaintiff prayed for an accounting and for an injunction against the further mining or extracting of the ore. ”