United States Court of Appeals For the Ninth Circuit . the vein from the upper edge againstthe Osborn Fault in the direction of the end linesof the Stewart Fraction Claim, one may reach alower level that that establishes the fact that suchedge constitutes an apex. 19 Professor Lawson illustrated the fallacy of thiscontention while under cross-examination, he said: **Now, it is entirely possible to go downwardeven from the bottom of the vein. I can takea downward course from the bottom of thevein and keep on going downward and be inthe vein all the time, so that considerations ofthat kind are t
United States Court of Appeals For the Ninth Circuit . the vein from the upper edge againstthe Osborn Fault in the direction of the end linesof the Stewart Fraction Claim, one may reach alower level that that establishes the fact that suchedge constitutes an apex. 19 Professor Lawson illustrated the fallacy of thiscontention while under cross-examination, he said: **Now, it is entirely possible to go downwardeven from the bottom of the vein. I can takea downward course from the bottom of thevein and keep on going downward and be inthe vein all the time, so that considerations ofthat kind are to be taken into account when Ianswer questions of this kind as to whetherthese ore bodies are down from that point ornot. (Rec. p. 564.) Witness drew a diagram, which was introducedin the record as Exhibit G, and then said: *^This diagram illustrates the kind of adownward course which you have in this case. >> The case of Duggan v. Davey, 4 Dak. 110, is di-rectly in point. The following diagram will illustrate the simi-larity of the two cases:. 20The question in the Duggan v. Davey case waswhether the edge of the vein within the SittingBull Claim from B to D constituted an apex. Theedge of the vein in the Sitting Bull dipped south-erly at an angle of three degrees from a hori-zontal; the vein dipped easterly at an angle ofeight degrees from a horizontal. The Court heldthat the edge of the vein B-D was the end of thevein along the line of its dip and was not the apexthereof. We have placed on diagram B a correctrepresentation of the lines of the Stewart FractionClaim, together with the apex as claimed by theStewart Company, in order that the Courtmay see that the decision in Duggan is decisive of this. In fact, this Court wouldnot be required to go as far as the Court did in thecase of Duggan v. Davey to determine this ques-tion in favor of appellees. The vein in the StewartFraction claim dips easterly forty degrees froma horizontal. The edge of the vein from X to
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