Page:Federal Reporter, 1st Series, Volume 8.djvu/311

IRON SILVEB MINING 00. V. CHEBBMAN. 297 �talien, and subsequent developments may have disclosed the want of wisdom in its action; but, in the long run, it is safer to leaye the peo- ple at the poils to remedy hasty or vicious legislation, uot plainly unconstitutional, than for the judioiary to interfere, and, inso doing, usurp power which properly belongs to another departnjent of the government. �Upon the whole case,! am of opinion that the lawis for the pl£t,in- tiff, and a judgment in his behalf will be entered, , ; ,, �The district judge participiated in the hearing of this ease, a»d concurs in the views I hare expressed. He bas heretofore cpnsid- ered the same questions, and reached substantially the same con- clusions, in tha caseof Long y- New London, 5 Ehd. Eep. 559/ In the views there expressed by him the circuit judge, it will be seefi, concurred. As 'the questions have been argued belore me with the expectation that they would be re-examined, I have deemed it proper to state f ully the grounds upon which my conclusionEi rest. ���Ibon Silver Mining Go. ». Chbebman and others. ui �(Otrcuit Court, D, Colorado. May 27, 1881.) �1. Mining Claim — Vbin or Lodb. �The claimant of a mining claim, upon location properly made, is entitled to the vein upon which the claim has been located, and all other veiiis and Iodes having their top or apex within the territory included by the lines of the loca- tion. �2. Samb — 8ame. �Where such veins or Iodes are in place, the claimant is entitled to the ssime net only within the lines of the location, but as far as they may pass beyond those lines in their descent into the earth. �3. Bame — Same. �Such vein or Iode is a body of minerai or mineral-bearing rock within defined boundaries in the general mass of the mountain. ■-* �4. Bamb — Same. �Such vein or Iode is in place it the ore body is continuous to the extent that it may maintaiu that character whether deposited in that.form or remoyed bodily with its enclosing rocks to the place in which it may be iound. — [Ed. �In 1874 A. B Wood located the Lime Iode and mining claim, sit- uated in Lake county. The location was made upon a body of min- eralized limestone, not upon a Iode or rein, as defined by the statute. In 1877, upon proceedings had, a patent was issued for the claim to its owners. In the fall of 1877 George Nyce and others located what was called the Smuggler claim and Iode, It was situated to the east ��� �