United States Court of Appeals For the Ninth Circuit . Figure 11. A-B being the discovery vein and C-D the secondaryvein. It is manifest that the end line plane on theoriginal vein cannot be applied so as to cross the sec-ondary vein at any angle. The plane so constructedwould be parallel or coincident with the course of thesecondary vein. Would the locator under such cir-cumstances have any extralateral rights on the sec-ondary vein? The case of Cosmopolitan Mining Company , loi Fed., 518, decided by Judge Hawley, pre-sents a situation somewhat similar to the one pre-sented on Figure
United States Court of Appeals For the Ninth Circuit . Figure 11. A-B being the discovery vein and C-D the secondaryvein. It is manifest that the end line plane on theoriginal vein cannot be applied so as to cross the sec-ondary vein at any angle. The plane so constructedwould be parallel or coincident with the course of thesecondary vein. Would the locator under such cir-cumstances have any extralateral rights on the sec-ondary vein? The case of Cosmopolitan Mining Company , loi Fed., 518, decided by Judge Hawley, pre-sents a situation somewhat similar to the one pre-sented on Figure 11, the facts of which are illustratedon Figure 12. 27. COSMOPOLITAN MINE Figure 12. While there was a sharp controversy over the facts,the Court found that the original discovery vein inthe Badger was east and west. The apex of the sec-ondary vein was north and south, close to the westboundary of the Cosmopolitan, but to some extent en-tirely within the Badger. The controversy was overthe vein underneath the Cosmopolitan surface. TheBadger location was originally located on the assump-tion that the discovery vein ran lengthwise of thelocation, but the Court found that its course was cross-wise of the claim, making the located side-lines theend-lines, and as such determined the extralateralright planes on all lodes. As it was impossible toapply these side-end line planes to the apex of the sec-ondary or Cosmopolitan vein, so as to grant the right 28 to the vein underneath the Cosmopolitan surface,judgment passed for the Cosmopolitan Company. Under such state of facts it is impossible to conceiveupon what principle any extralateral right co
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