Page:Federal Reporter, 1st Series, Volume 3.djvu/382

 lEON SILVKB MINING 00. ». MOBPHT, 875 �valuable ore, we may defeat a location made at the angle f ormed by both, the evidence should be clear to the pmnt that they are ope in origin and growth. In other words, the plain- tifs' grantors, having located on a valuable part of the Iode, if what lies west of them is very clearly to your minds barren , and worthless, before it shall be accepted to defeat plaintiff 'a location, in any of the elements which attach to a proper loca- tion, the evidence should clearly establish the connection and unity of the several parts, �" We corne next to the position assumed by the defendants, to the effect that the Iode is continuous from side to side of plaintiffs' location, and that the part which plaintiflfs claim to be a top or apex is only an upward swell, ridge, or high point in the vein from which it descends in both directions. In support of that view evidence has been given to the effect that the ore was deposited after the tracks had corne to their present position, the deposition proceeding praotically at the same time and by the same agencies on the upper and east- em face of the limestone, and upon the western face of tho limestone as well." �You understand, gentlemen, that there is a difference between these parties as to the time of the upheaval or break ; that is, as to whether that occurred before or after the depo- sition of the minerai, �"According to that theory the ore was deposited, as it is now found on the eastern and western slopes of the limestone, by the same forces, and in the same way, and at about the same time. I do not go over the evidence in relation to that matter, or piention the principal points in it, but leave you to eonsider it in connection with that given by the plaintiff touching the origin of this Iode, Ail of this evidence is valu- able only as it may enable you to determine whether the Iode is continuous from one side to the other of plaintiffs' location. �"And if it is continuous, as suggested — that is to say, if coming in at one side it passes unbroken to the other — the plaintiff cannot foUow it beyond the lines of its location. And here you must remetnber ail that has been said concerning the matter of the continuance of the fissure orcavity in which ����