New York Paper - The Apex Law in the Drumlummon Controversy (with Discussion)

The principles and theory on which the U. S. mining law of 1872 was based are well understood, and have been discussed at great length by many writers. The papers by Dr. R. W. Raymond1 in the Transactions of the American Institute of Mining Engineers have covered the subject very fully, with explanations of practical results in many adjudicated cases. It is believed that the following instance of the application of the law in recent years will have some weight in a discussion of proposed changes in our mining laws. The litigation between the St. Louis Mining & Milling Co., and the Montana Mining Co., Ltd., a British corporation, over portions of the Drumlummon lode covered more than 20 years, and resulted in a judgment for damages in favor of the St. Louis Co. of such an amount that the Montana Co. declined to pay the judgment, and therefore lost the entire property. The Drumlummon lode claim in the Marysville district, Mont., was located in 1876 by Thomas Cruse. When he staked out his claim, he assumed that the discovery on the Drumlummon vein, and another showing of mineral about, 200 ft. distant, were on the same vein, and the center line of the claim was given a course of N. 579" E. Development of the Drumlummon vein soon showed that its strike was about N. 15" E., and that the other outcrop was on the North Star lode; so it was inevitable that the Drumlummon vein would cross one or both side lines of the location, and the Montana Co. found it advisable to acquire adjoining claims on both sides of the Drumlummon, in order to avoid possible litigation over apex rights. They bought the Marble Heart, but would not purchase the Hopeful (see Pigs. 1 and 2), at the terms proposed for the reason that exploration in the Cruse level had shown the vein to be barren in that region. The owners of the Hopeful were sinking an incline from that claim in 1889, and the Montana Co. enjoined them, contending