United States Court of Appeals For the Ninth Circuit . y the tangent line a-f. The distinction between an apex and side edge ofa vein was discussed extensively by the Supreme Courtof Dakota in the case of Duggan vs. Davey, 26 N. W.,887, 4 Dak., no, 17 Morr. Min. Rep., 59. The opin-ion in this case is both interesting and instructive. The decision follows, in the main, the opinion givenby the trial Court. It is a lucid and masterly pres-entation of the law, and, as presented, affords us anopportunity to illustrate and explain by diagrams theposition of the vein in the earth, its exposure on bot
United States Court of Appeals For the Ninth Circuit . y the tangent line a-f. The distinction between an apex and side edge ofa vein was discussed extensively by the Supreme Courtof Dakota in the case of Duggan vs. Davey, 26 N. W.,887, 4 Dak., no, 17 Morr. Min. Rep., 59. The opin-ion in this case is both interesting and instructive. The decision follows, in the main, the opinion givenby the trial Court. It is a lucid and masterly pres-entation of the law, and, as presented, affords us anopportunity to illustrate and explain by diagrams theposition of the vein in the earth, its exposure on bothtop and side, the contention of the respective parties asto what constituted the apex, and the conclusions ofthe Court deduced from the facts. It is one of thefew cases which affords a full opportunity of explain-ing by simple methods the true definition of the termtop, or apex, as well as the strike and dip,and their relationship one to the other. Entertaining these views as to the importance of the case, we arejustified in presenting it fully. EAS. WEST. Figure 7. ^/t^jy/Jff^sse/t Figure 7 is a perspective, showing an edge or out-crop of the vein exposed along the western face ofCuster Hill, traversing it in a northerly and southerlydirection, and an edge or outcrop traversing the north-ern slope in an easterly and westerly direction. Wetake the following description from the opinion of thetrial Court: The western slope of the hill presents a lateral facefrom south to north, along the line of the outcrop, ofthirteen hundred feet. At its northern extremity itturns to the east, and its northern slope presents alateral face from west to east of upward of threethousand feet. Along its base and following it in thisturn in the direction indicated is a small stream calledBare Butte creek. These slopes are quite steep, andextend from base to summit about twelve hundred tothirteen hundred feet. The whole country is hillyand broken, and the hill is only one of a series of 15 similar e
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