Page:Federal Reporter, 1st Series, Volume 1.djvu/539

 MOBTH NOONDAY MINING CO. V. ORIENT MINING 00. 631 �■vrith some other kind of rock, in place, carrying gold, silver, or other valuable minerai deposits named in the statnte. It may be very thin, and it may be many f eet thick, or thin in places — almoBt or quite pinclied out, in miners' phrase — and in other places widening out into extensiye bodies of ore. So, also, in places, it maybe quite or nearly barren, and, at other places, immensely rich. It is only necessary to discover a genuine minerai vein or Iode, whether small or large, rich or poor, at the point of discovery within the Unes of the claim located, to entitle the miner to make a valid location includ- ing the vein or Iode. It may, and often does, require mueh time and labor and great expense to develop a vein or Iode after discovery and location suffioiently to determine -whether there is a really valuable mine or not, and a location would be necessary bef ore incurring such expense in developing the vein to secure to the miner the fruits of his labor and expense in case a rich mine should be developed. If, then, the looators of the East Noonday North, for example,, discovered such a minerai vein or Iode as I have described, however small, before the location of that claim, the location of the olaim embracing within its lines the vein or Iode so discovered was, in this particular, valid, otherwise not. The same observa- tion vrould be true as to each of the other claims held by plaintifE. �I instruct you further, that if a party should make a loca- tion in ail other respects regular, and in accordance with the laws, and the rules, regulations and customs in force at the place at the time, upon a supposed vein, before discovering the true vein or Iode, and should do suflîoient work to hold the claim, and after such location should discover the vein or l'ode within the limits of the claim located, before any other party had acquired any rights therein, f rom the date of his discovery his claim would be good to the limits of his claim, and the location. valid. So, also, gentlemen of the jury, where a party bas made a location of a mining claim upon a minerai vein or Iode discovered by him, in ail respects valid, he is entitled to "have the exclusive right of possession and enjoyment of ail the surface included within the lines of ��� �