East Cent. Eureka Min. Co. v. Central Eureka Min. Co., 204 U.S. 266 (1907)

East Cent. Eureka Mining Company v.

Central Eureka Mining Company
No. 141

Argued January 8, 9, 1907
Decided January 21, 1907
204 U.S. 266

ERROR TO THE SUPREME COURT

OF THE STATE OF CALIFORNIA

Syllabus

The requirement of parallelism of the end lines of a mining claim in § 2 of the Act of May 10, 1872, 17 Stat. 91, Rev.Stat., par. 2320, does not apply to a patent issued on an application made prior to the passage of that act.

Where the construction by the land office of an act of Congress in regard to mining claims agrees with the decisions of the circuit court and the state courts, unless the meaning of the act is plainly the other way, this consensus of opinion and practice must be accorded considerable weight.

Section 3 of the Act of May 10, 1872, is to be construed broadly in favor of the right of a claimant who had located prior thereto to follow all veins apexing within the surface of his claim in view of the provisions of §§ 12 and 16 that the act should not impair rights or interests acquired under the existing laws.

In the construction and effect of a conveyance between private parties, this Court follows the state court.

146 Cal. 147 affirmed.

The facts are stated in the opinion.