Page:Federal Reporter, 1st Series, Volume 8.djvu/313

lEON SILVBB- MINING 00. V. CHEESMAN. 299 �as to that matter, -whether ifc is true or not, it is not very important which one of these parties sliall succeed in this controversy. �Something of an appeal was made to you by counsel as to the -wrong that would be done if either of these parties shoald be encouraged to maintain the view that this Iode may be pursued beyond the aide line of the claim. Whichever of these parties may triumph, it is possible that that view may be asserted by the suceessful party hereafter against other parties who are not involved in this controversy. But all that is of no, importance here, nor is it matter for your considere ation at this time. �While adverting to matters which are not important for consider- ation, I may with propriety mention some other matters. It is.not a question of any importance whether this claim is or is not a valuable one. It is the purpose of the law to decide all controversies ou the same principles and by the same rules, whatever values may be in^ volved. Perhaps, as<we are eonstituted, it may not be possible to exclude from our minds all consideration of the importance of g, con^ troversy in determining it, but we ought to do so. Everybody in ihe administration of the law should do so, for that is the method of the law, and the way in which we Bhould proceei to the determination of every question which may arise between parties. We should de^ termine it upon a principle and by a rule which may reach eyeiybody and apply to all, without reference to the circumstanees that may be. in issue in the case which is under consideration. And in that view it is not a matter of importance whether one or the other of these par-, ties is entitled to sympathy, or to a more favorable consideration- than the other; nor is it a question whether one or the other of the parties is a corporation. Some allusion has been made by counsei, as I think, improperly, to the fact that one of fchese parties is a cor-, poration. It has been said the power of corporations is growing in this country and becoming oppressive, particularly that of railroad corporations and telegraph companies; and perhaps we may con- cede some q! these things. But, whether we do so or not, we should not make any different rules for corporations than those which apply to individuals in the courts, at least until the law shall authorize us to do so ; not until competent authority shall say that there shall be one rule for corporations and another for individuals. �Another matter which is not of any importance in the consideration of the case is the varying surveys of the Lime location. You remem- ber that some of the witnesses testified that surveys have been made since the first location of the claim which do not ooincide with that ��� �