The Application of the Apex Law at Wardner, Idaho

(San Francisco Meeting, September, 1915) MOST of. the recent discussion of the mineral land law published in the Transactions is in the abstract-an exception being Mr. Goodale's paper, The Apex Law in the Drumlummon Controversy,1 which illustrates in concrete instances many of the practical disadvantages of what Dr. Raymond has. called "The Law of the Apex." The present paper, it is hoped, may serve a similar purpose, emphasizing the necessity for a change in our mining laws, and bringing home to mining engineers some of the defects and dangers of our present code. There are many storm centers of "apex litigation" in the Rocky Mountains; and not the least of them is the Wardner camp, where such litigation has been almost continuous since 1892, and the end is not yet. In their decisions, the courts have accepted the claims of the litigants that the " Wardner vein" is a broad zone varying from 250 to 500 ft. in width at the surface. This is the simplest theory which could have been advanced, and probably decreased, rather than augmented, the number of contests; in fact, every one of the claim owners seemed to feel that the greatest advantage would accrue to him if this theory were adhered to. The dominant structural feature of the Wardner vein is a persistent fault, striking N. 40° W., clipping about 40° to the southwest and called the "Wardner foot wall." Fig. 1 is a composite of two adjacent cross-sections of the vein and is a fair representation of the relative size and shape of the orebodies and their relation to the "Wardner foot wall." The country rock is a comparatively thin-bedded sericitic quartzite which has an average strike of N. 80° W. and clips at high angles to the north and south.