Joseph McKenna

“ It was not the intent of the law to allow a person to make his location crosswise of a vein, so that the side lines shall cross it, and thereby give him the right to follow the strike of the vein outside of his said lines. That would subvert the whole system sought to be established by the law. If he does locate his claim in that way, his rights must be subordinated to the rights of those who have properly located on the lode. Their right to follow the dip outside of their said lines cannot be interfered with by him. ”

“ His right to the lode only extends to so much of the lode as his claim covers. If he has located crosswise of the lode, and his claim is only one hundred feet wide, that one hundred feet is all he has a right to. This we consider to be the law as to locations on lodes or veins.
'The location of the plaintiff in error is thus laid across the Titus lode (that is to say, across the course of its apex at or near the surface) ; and the side lines of the location are really the end lines of the claim, considering the direction or course of the lode at the surface. ”

“ That court instructed the jury that if they found Tarbet 'was in possession of the claim (describing it) , holding the same in accordance with the mining laws and the customs of the miners of the mining district, and that the apex and course of the vein in dispute is within such surface, then, as against one subsequently entering, he is deemed to be possessed of the land within his boundaries to any depth, and also of the vein in the surface to any depth on its dip, though the vein in its dip downward passes the side line of the surface boundary, and extends beneath other and adjoining lands ”