Stephen Johnson Field

Name: Iron Silver Mining Company v. Elgin Mining Smelting Company — Opinion of the Court
Author: Stephen Johnson Field

Iron Silver Mining Company v. Elgin Mining Smelting Company…

Summary

“Iron Silver Mining Company v. Elgin Mining Smelting Company — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as vein, location and lode.

Quotes from Iron Silver Mining Company v. Elgin Mining Smelting Company… (Stephen Johnson Field)

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ When a vein has been discovered, the rules of miners, and the legislative regulations of mining states and territories, generally allow some specified time for explorations before the location is definitely marked. But miners discovering a lode are sometimes in such haste to locate their claim, and mark its extent and boundaries on the surface, that they omit to make sufficient explorations to guide them aright in measuring the ground, and fixing its end lines. ”

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Source: Wikisource

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ The question presented for our decision is one of great interest to miners on the public lands, and with respect to it much difference of opinion exists. This difference has arisen from a consideration, on the one hand, of what would properly be called the true end lines of a claim upon a lode of a specified length and width, after it has been opened by explorations, and its general course and direction are seen, and a consideration, on the other hand, of the statute requiring the location of a claim to be distinctly marked on the ground, so that its boundaries may be readily traced. ”

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Source: Wikisource

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ The rule, whatever hardship it may work in particular cases, should be settled, and thus prevent, as far as practicable, such uncertainty. If the first locator will not or cannot make the explorations necessary to ascertain the true course of the vein, and draws his end lines ignorantly, he must bear the consequences. ”

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Source: Wikisource

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ Under the act of 1866, parallelism in the end lines of a surface location was not required; but where a location has been made since the act of 1872, such parallelism is essential to the existence of any right in the locator or patentee to follow his vein outside of the vertical planes drawn through the side lines. His lateral right by the statute is confined to such portion of the vein as lies between such planes drawn through the end lines; and extended in their own direction; that is, between paralleled vertical planes. It can embrace no other portion. ”

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Source: Wikisource

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ It often happens that the top or apex of more than one vein lies within such surface lines, and the veins may have different courses and dips, yet his right to follow them outside of the side lines of the location must be bounded by planes drawn vertically through the same end lines. The planes of the end lines cannot be drawn at a right angle to the courses of all the veins if they are not identical. ”

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Source: Wikisource

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ Any decision that the department erred in that respect, and that the rights of the patentees were different, would disturb titles derived from such patents, and lead to great confusion and litigation. ”

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Source: Wikisource

Stephen Johnson Field, Iron Silver Mining Company v. Elgin Mining Smelting Company…

“ It provided that the length of a claim subsequently located, whether by one or more persons, should not exceed 1,500 feet; that its extension on each side of the middle of the vein at the surface should not exceed 300 feet; and that its end lines should be parallel to each other. Rev. St. 2320. A section of the lode within vertical planes drawn downward through the lines marked on the surface was designed as the grant to the original locator ”

Stephen Johnson Field

Summary

Quotes from Iron Silver Mining Company v. Elgin Mining Smelting Company… (Stephen Johnson Field)

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