United States Court of Appeals For the Ninth Circuit . deducible from the Niagara-BlackRock case (42 Pac, 273, affirmed in 171 U. S., 92),the decision in Tyler vs. Last Chance M. Co. (71Fed., 848), and from the language of Judge Hallettin the Del Monte case (66 Fed., 212). This brings us back to the fundamental questioninvolved and which we have fully discussed in ourformer brief, that the side edge of the Senator Stew-art Fraction vein found abutting against the Osbornefault cannot, under any circumstances, be consideredan apex. All the cases cited by appellant in its sup-plemental brief are
United States Court of Appeals For the Ninth Circuit . deducible from the Niagara-BlackRock case (42 Pac, 273, affirmed in 171 U. S., 92),the decision in Tyler vs. Last Chance M. Co. (71Fed., 848), and from the language of Judge Hallettin the Del Monte case (66 Fed., 212). This brings us back to the fundamental questioninvolved and which we have fully discussed in ourformer brief, that the side edge of the Senator Stew-art Fraction vein found abutting against the Osbornefault cannot, under any circumstances, be consideredan apex. All the cases cited by appellant in its sup-plemental brief are to this extent inapplicable, nomatter what interpretation is placed on the holdingof those cases. All question, however, as to the correct measure ofextralateral rights on secondary veins is set at restby the decisions of this Circuit Court of Appeals inthe cases of Montana M. Co. Ltd. vs. St. Louis M. &M. Co., 102 Fed., 430, and St. Louis M. & M. Co. M. Co., 104 Fed., 664. The facts are illus-trated by the following Diagram F. 15. Diagram F. In those cases, though the original or discovery veinof the St. Louis extended from end line to end line,the Court limited the extralateral right on the second-ary vein to the length of apex of the secondary veina-c found within the boundaries of the claim, andcited as authority for such determination the cases ofIron Silver Min. Co. vs. Elgin M. Gf S. Co., Il8U. S., 196, and Walrath vs. Champion M. 117U. S., 293. The fact that this Court which decidedthe Walrath-Champion case did not in deciding theSt. Louis case apply any such doctrine as that con-tended for by appellant is a circumstance of the high-est corroborative value, supporting our view that thedecision in the Walrath case was never intended tosanction any such doctrine. In the final decision rendered by this Circuit Court i6 of Appeals in the St. Louis litigation it is stated thatthe extralateral right on this secondary vein as theredefined has been approved by t
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