|THE study of mining as a science is one which brings with it a quiet
joy, which the novice knows nothing of. In Morrison's Mining Eights we
find the following:
"If all classes of lode deposits are to be regarded as legally
identical, it follows that where a vein is pinched for a considerable
distance, it is lost to the owner; if its apex is found in the slide, it
can not be located as a lode.
"The distinction which would relieve these points would be to allow the
dip to such lodes Only as have a _perpendicular base_ and are not on the
nature of _stratigraphical deposits!_ all the inconsistencies apparent
from the previous paragraph are the sequence to any other ruling.
"If it be alleged that such holdings are not applicable to fissure
veins, at once a distinction is made between the two classes of veins in
their consideration under the act; and if a single distinction in their
legal status be admitted, no reason can be alleged against further
distinctions with reference to their essential points at difference."
How, few who have not toiled over the long and wearisome works upon
mining as a legal branch of human knowledge, would care a cold, dead
clam, whether such lodes as have perpendicular bases, or those which
have stratigraphical deposits, are to be allowed under the law in
relation to pinched out or intersecting veins.
But to the student, whose whole life is wrapped up in the investigation
of this beautiful mystery, these logical sequences break upon his mind
with a beautiful effulgence that fills him with unstratified and purely
igneous or nomicaseous joy.
Reading farther in the thrilling work, above referred to, we find this
little garland of fragrant literary wood violets:
"Another point to be guarded against in the conveyance of a segregated
portion of a claim on a fissure vein, is, that a line drawn at right
angles to the side lines at the surface, and which is intended as the
dividing fine between the part retained and the part sold, may, when
carried vertically downward, cut off the vein on its dip in such a way
as to divide it, for instance, at the surface. It begins 'at the west
end of discovery shaft,' it may leave the bottom of such shaft entirely
in the west fraction of the lode within a comparatively few feet of
sinking. Such result, or a similar result, will invariably occur where
the vein has a dip, unless the end lines are at an exact right angle to
the strike of the vein."
Now, however, supposing that, for the sake of argument, the above be
true; but, in addition thereto, a segregation of non-metallic vertically
heterogeneous quartzite in non-conformity to presupposed notions of
horizontal deposits of mineral in place should be agatized and
truncated with diverging lines meeting at the point of intersection and
disappearing with the pinched veins or departing from known proximity
in company with the dividends, we have then to consider whether a winze
coming in at this juncture and pinching out the assessments, would
thereby invalidate tertiary flux, and thereby, in the light of a close
legal examination of the slide, bar out the placer or riparian rights
of contesting parties, or, if so, why in thunder should it not, or
at least, what could be done about it in case the same or a totally
different set of surrounding circumstances should or should not take
place?