rial, only the discovery vein can be used to determine what are the planes of the end lines.-Walrath v. Champion Co. 171 U. S. 293; Cosmopolitan Co. v. Foote, 101 Fed. 518; St. Louis Co. v. Montana Co. 104 Fed. 664; Jefferson Co. v. Anchoria Co. 75 Pac. 1070. The only decision inconsistent with this ruling seems to be Ajax Co. v. Hilkey, 72 Pac. 447, which allows extralateral rights to a secondary vein apexing within the claim beyond the point at which the discovery vein left the side line.

Relation of End Line to Strike.

The extralateral rights being defined by extending the end lines as parallel vertical planes, it is apparent that unless the end lines are at an exact right angle to the vein, which they rarely are, the grant of the patent is not the grant of the right to follow down on the dip, underneath the same feet of apex enclosed. On the contrary there must be a gain in one direction and a corresponding loss in the other. The following diagram will illustrate this.

SENIOR

APEX

JUNIOR LUDE

The Senior and Junior lodes above are on the same vein, the Senior located obliquely to the apex. The Junior is correctly laid on the strike of the vein. The Senior is the older patent. By the dashed lines

the Senior loses the bottom of its own shaft and cuts off the shaft of the Junior lode. The and the shafts, of course, are at

dotted lines

right angles to the strike of the vein.

Right to the Vein Within the Four Vertical Planes.

Although where the lode crosses from side line to side line it loses its extralateral rights, the claimant has a certain compensation by being allowed to follow on the dip to his end line.

Where a dipping lode crosses from side line to side line, in following it down, it is obvious that two shafts sunk on the vein at the two points where it leaves the side lines will enclose between them all that part of the vein the apex of which is within the patent-Lode Y, Plat X, p. 168.

The right to the part of the lode between such two shafts in going down is lost as soon as the vertical plane of the south side line is reached. This is the ground marked B on Plat X. The vein below on B he does not own. On the other hand, he retains all of C, which is the vein within the vertical planes of his side lines and end lines.

A patentee following down on the dip cannot take the vein where he finds it between vertical side and end lines of a prior location whose vein crosses both its side lines. Tyler Co. v. Last Chance Co. 71 Fed. 848; 157 U. S. 684; Argentine Co. v. Terrible Co. 122 U. S. 478.

The vein may be followed between the planes of its end lines although they are at such angle to the vein as to follow the strike rather than the dip. Bunker Hill Co. v. Empire State Co. 134 Fed. 268. And where a segment is cut out of the lode by the dip rights of another lode the ore beyond the segment belongs to the junior lode. Id.

Following Lode Beyond End Line.

In the Flagstaff Case, the Federal Supreme Court use this language: "The side lines of the location are really the end lines of the claim.” In Last Chance

Co. v. Tyler, 157 U. S. 687, it says "the side lines of that location become the end lines and the end the side lines." The use of this expression is far from holding that extralateral rights may be pursued beyond the end line. In neither of these cases was the ground actually in controversy beyond the end lines of any of the claims in dispute, so that the expressions quoted are only dicta in both instances.

The grant of a patent is of a piece of land with an extralateral grant upon a certain condition, to wit: that its lines enclose the apex of a vein, which vein extends "outside the vertical side lines" of its survey. If its lines enclose such apex from end line to end line or from end line to side line, the condition exists and its extralateral right is established.

In the proposition that where it has a vein going through both side lines it can follow such vein beyond its end line there is no assertion of a condition which, having been fulfilled, some right accrues as the incident to the compliance with the condition.

The statute expressly gives the right to go beyond the side line upon the existence of the condition; it does not give such right to go beyond an end line. Nor is there any known principle of law which would enlarge a grant in derogation of the common law, and therefore to be strictly construed -by allowing the grantee who fails to come within the terms of the conditions of his grant to be compensated out of other lands upon the supposition of an implied condition to that effect.

And yet the contrary is strongly contended for (Lindley, & 589), and in the only suit where the point has directly arisen, a case arising on an ore contract made in Arizona and sued on in Connecticut, the holding was made that the vein could be pursued beyond its end line.-Empire Co. v. Tombstone Co. 100 Fed. 910; 131 Fed. 339.

Also, in Bunker Hill Co. v. Empire Co. 109 Fed. 538, the point was conceded to the same effect, but in that case all the claims involved were surveyed squarely across the strike, so that neither had any

status as to the ore in contention unless it was so conceded.

Recapitulation-Explanation of Plat X.

The plat on page 168 will illustrate several of the instances above mentioned. It represents a vein covered by a location from end line to end line, by another location where the vein crosses from side line to side line, and a third location where the vein crosses one end line and one side line. The dip of the vein is to the south, that is, to the foot of the plat.

The X location owns, of course, its entire survey and may follow the vein on its dip between its vertical end lines extended downward indefinitely.

Y owns the vein in the triangle A. He does not own B. On the other hand, he does own C, being that part of the vein between his vertical side and end lines, unless X is the older location, in which case he loses to X the greater part of C.

As to whether Y has any estate in D, being the extension of his vein beyond his end line, is the question discussed on page 166.

Z, whose vein leaves one end line and one side line, is the owner of the parcel E, and the parcel F, the vein on the dip, to the extent of his extralateral rights. He can not follow into G. The vein in G becomes the property of whoever may disclose and locate the apex in the vacant ground between Y and Z.