steps be complied with. The tendency of the decisions of the Federal courts has been to support, as far as possible, locations made in good faith, notwithstanding existing informalities; and hence claims for more than the statutory length upon the lode have been held good to the extent of the number of feet allowed by law, but void as to the remainder; but the location of a mining claim upon a lode or vein of ore should always be made lengthwise of the course of the apex, at or near the surface; otherwise, it will only secure so much of the lode or vein as it actually covers. Thus, where a location is laid crosswise of a lode or vein, so that its greatest length crosses the lode, instead of following the course thereof, it will secure only such surface as lies within it, and its sidelines will become its end-lines for the purposes of defining the rights of the owner.

The Apex Section and Rights under it.-The law of 1872 ingrafted upon the old common-law right, which included primarily the surface and everything beneath it, the additional right of following certain viens, under certain conditions and limitations, into adjacent territory. This is the so-called right of "extra-lateral pursuit," which is met with only in American jurisprudence. This right carried with it the liability of being intruded upon by an adjoining owner in the exercise of the same right. The old right of discovery, which was originally the foundation of the miner's title, is no longer of importance; for the right to follow a vein outside of the side-lines of the claim depends solely upon the possession of the apex within the surface survey. Thus the original discovery may prove valueless; but the right of extra-lateral pursuit may make a claim of extreme value. This has several times occurred in the mining-camps of the West. For full explanation of this, see "The Emma-Durant Case," "School of Mines Quarterly," vol. viii. The terms "veins," "lode," and "ledge," and the expressions, "top of the vein," and " apex of the vein," appear to be synonymous, but they have not yet been judicially settled. A vein or lode, in order to be followed outside of the side-lines of the claim, must be continuous. Continuity is a question of fact, but as yet there is no case that squarely defines the evidence of continuity. In one case, however, it has been held that a vein or lode must be a continuous body of mineralized rock, lying within any well-defined boundaries on the earth's surface or under it. Each locator is entitled to follow the dip of the lode or vein to an indefinite depth, though it carries him beyond the side-line of his claim, provided that these sidelines substantially correspond with the course of the vein at the surface. A locator working subterraneously into the dip of the vein belong ing to another who is in possession of his location, is a trespasser; and, as between two locators, the boundaries of whose respective claims include common territories, priority of location confers the better title, provided a vein

in place was discovered in the discovery shaft, and provided also that it extended to the ground in controversy. No location can be made upon the middle part of a vein, or otherwise than at the top or apex, which will enable the locator to go beyond his line. While the common law never recognized extra-lateral rights as they exist to-day, it did provide, under certain conditions, for the separation of the minerals from the surface under which they lay.

Annual Labor.—The law requires, as above stated, a certain amount of work to be done annually upon each claim, in order to preserve the location. As a rule, the law in this particular has been strictly construed, and financial embarrassment and threats to deter resumption of labor, have been held not to be sufficient excuses for non-performance of the work. It has also been held that, where work was done upon one of several adjoining claims held in common, it could only count for the other claims within the meaning of the statute where it actually inured to the benefit of all of them, and was of equal beneficial value to all.

Placer Claims. In the case of placer claims, the owner of the claim holds everything covered by his patent, except such lodes as were known to exist within the placer claim, prior to the granting of the patent. In this respect, placer claims differ from lode claims. The courts have held that by "known to exist" is meant a vein duly located or recorded and owned by a third party before the placer claimant applied for the patent, and that the mere existence of the lode by geological inference, general rumor, or belief, did not serve to exempt it from the placer claim. The requirements of the Federal statute in regard to labor performed have been held to apply to placer claims also. There are no extra-lateral rights in connection with placer claims.

Bibliography.—The literature of mining law is not large. All mining cases of general importance, both English and American, are reported in Morrison's "Mining Reports" (Chicago, fourteen volumes). This series contains reports of many cases that in no wise form a part of the general body of the American mining law. Morrison's "Digest of American and English Decisions," found in the reports from the earliest times to the year 1875 (San Francisco, 1875) is of great value to the practitioner and is the best book for the practical wants of attorneys. For definitions of technical terms, see Rossiter W. Raymond's "Glossary of Mining Terms," in vol. ix of "Transactions of the American Institute of Mining Engineers." Rockwell's "Spanish and Mexican Mining Law" (New York, 1851) is a most learned and valuable treatise, but is now antiquated. Blanchard and Weekes on "Mines, Minerals, and Mining Water Rights" (1887) is valuable, but is no longer up to date. So are also Sickles's "United States Mining Laws and Decisions" (1881), and Wade's "American Mining Law" (Denver, 1882). A convenient work is Harris's "Titles to Mines in

the United States " (London, 1877), which is to be particularly recommended to laymen on account of its briefness and thoroughness. The principle English text-book is MacSwinneys Mines and Minerals," and the American is Bainbridge, on the "Law of Mines and Minerals" (First American Edition from Third London Edition, 1878).

MINNESOTA, State Government.-The following were the State officers during the year: Governor, Andrew R. McGill, Republican; Lieutenant-Governor, Albert E. Rice; Secretary of State, Hans Mattson; Auditor, W. W. Braden; Treasurer, Joseph Bobleter; AttorneyGeneral, Moses E. Clapp; Superintendent of Public Instruction, D. L. Kiehle; Railroad and Warehouse Commissioners, Horace Austin, John L. Gibbs, George L. Becker; Chief-Justice of the Supreme Court, James Gilfillan; Associate Justices, John M. Berry, William Mitchell, Daniel A. Dickenson, and Charles E. Vanderburgh.

Finances. The report of the State Treasurer for 1888 gives the following statement of finances for the year ending July 31, 1888: Receipts, $3,097,610.25; balance in treasury Aug. 1, 1887, $648,860.66; total, $3,746,470.91. Disbursements, $2,404,108 42; balance in treasury July 31, 1888, $1,342,362.67; total, $3.746,470.91. Of this balance, only $139,990.72 stands to the credit of the revenue fund available for general expenses. The estimated receipts and disbursements for such expenses for the ensuing three years are as follow:

The deficiency for 1889 is thus $320,558.94. The State debt consists of but one class of bonds, viz., Minnesota, 41-per-cent. adjustment bonds, bearing date July 1, 1881, due in twenty years, and redeemable at the State's option after ten years. The amount outstanding is $3,965,000; the State holds of her own bonds as follows: Invested school fund, $1,981,000; invested university fund, $288,000; total, $2,269,000. It will be noted that the total debt is $3,965,000; from this should be deducted $1.994,209, which represents the accumulation in the internal improvement land fund, which is by law set apart as a sinkingfund. The State debt, less the available sinking-fund, is then reduced to $1,970,791.

Education. The permanent school fund now amounts to $8,258,096.70, having increased from sales of land $954,930.56 during 1887 and 1888. It is expected that this fund will eventually amount to $18,000,000 or $20,000,000. The whole amount expended on the public schools for the year ending June 30, 1888, in

was

cluding new buildings, was $4,333,695.41. The number of enrolled pupils, high and normal schools included, for the year 1888, was 259,335, and the number of persons in the State between the ages of five and twenty-one is estimated at 416,550. The average daily attendance has been 126,468, and the average length of school during the year has been 6-1 months. There have been 1,884 male teachers employed at an average monthly salary of $40.10, and 5,671 female teachers at an average monthly salary of $30.52. The number of teachers that have taught in the same district three or more years is 727 for 1888, which is an increase of 46 per cent. over 1887, and 120 per cent. over 1886. The number of normal graduates teaching in 1888 was 571, an increase of 60 per cent. over 1886; while that of teachers attending normal school in 1888 1,427, an increase of 40 per cent. over 1886. The amount paid to teachers in wages for the year was $1,942,665.73, and $1,121,304.83 was paid for new school houses and sites. The law requiring the teaching of temperance hygiene in the public schools has been generally complied with. Under a recent law granting aid to schools in purchasing libraries, there have been furnished by the State 311 of these libraries. "The growth of the schools has been further enhanced," says the Governor, "by the recent amendment to the State Constitution permitting the State school funds to be loaned to school districts for building purposes in providing new and better school-houses. The amount so loaned in the twenty-one months the law has been in operation is $291,124.91. One of the greatest stimulants and benefits ever received by our common schools comes through the law of 1887, which levies a straight one-mill tax annually on the taxable property of the State and devotes the proceeds, based on the enrollments of the schools, to the various school districts of the State. This levy, as extended on the tax rolls of 1888, amounted to $486,670.03."

Through an appropriation made by the last Legislature, a handsome new building has been erected at Moorhead for the fourth normal school, which is now in operation. The establishment of this school probably supplies the last demand in the State, in the way of new normal schools, for many years to come.

During the year schools of law and medicine have been organized in the State university. The school of medicine embraces a college of medicine, a college of homopathic medicine, and a college of dentistry. The course of instruction covers three years. The schools will use the medical college building in St. Paul, and the hospital college building in Minneapolis. A school of agriculture with a two-years' course has also been opened for practical instruction in farming. The president of the university reports that the large science hall and museum, which were begun in 1887, are nearly completed.

Soldiers' Home.-The last Legislature made provision for the establishment of a home for honorably discharged soldiers and sailors, and appropriated $50,000 for that purpose. The city of Minneapolis gave a site therefor, consisting of fifty-one acres of land at Minnehaha Falls, to be eventually connected with the park system of that city. Temporary quarters were rented on grounds adjacent, and in November, 1887, the home was opened. The full capacity of these quarters was soon reached, and at the date of the annual report of the trustees (August 12), 81 soldiers had been admitted, and 65 others had applied. During the present winter fully 200 will have to be provided for. The appropriation of $50,000 for purchasing a site and erecting new buildings did not become available until 1888. This appropriation has been expended in the erection of two commodious and comfortable dwellings and it is expected that with these buildings and the temporary quarters all applicants now entitled to admission will be accommodated. But this number is constantly increasing.

State Prison. The last Legislature abolished the contract-labor system, and appropriated $25,000 to put in motion the public-account system. This amount was considered by the prison inspectors too small to warrant them in undertaking the work, and nothing has been

Aid to Settlers.--The Legislature of 1887 appropriated $40,000 for the relief of farmers whose crops had been destroyed by hail in 1886. The cities of St. Paul and Minneapolis were repaid $10,000 advanced by them for distribution in Marshall County. Of the balance, $20,315.59 was distributed, more than half of which went to Marshall County where the greatest loss occurred. The sum of $25,177.60 was also loaned to these farmers, to purchase seed-grain. Under the first appropriation much actual want was relieved and suffering averted, and when the season of 1887 opened, farmers who had lost their all by hail the previous year, and but for the aid extended by the State would have been in absolute want, were ready with their teams for work. Good crops were raised where, but for the means furnished by the State to purchase seed, nothing could have been planted. The benefits conferred under this law are well illustrated in the case of Marshall County, which, although the most impoverished by the losses inflicted, has already paid back $5,534.91 of the $11,625 apportioned it, besides providing comfort and plenty in the homes of a desolated portion of the State.

Valuation. The following table shows the increase in value of the taxable property of the State in 1888:

done. The prisoners have been idle, and the inspectors recommend the repeal of the law. High License.-Gov. McGill says in his message to the Legislature:

While no official data have been gathered, information of a character to be relied upon shows a decrease of fully one third in the number of saloons, and an increase of one quarter in the revenue derived from licenses. The consumption of liquor has been lessened, and the cause of temperance materially promoted. There is not so much intoxication as existed before the law was enacted; the saloon is no longer a dominant power in the politics of the State; public opinion for a thorough control of the liquor traffic has strengthened, and in many ways, directly and indirectly, good has resulted to our State and its people from the high-license law of 1887.

From unofficial statistics gathered by a State journal in August, at the beginning of the second year of the law, the reduction in the total number of saloons appears to be from 2,806 under the old, to 1,597 under the new system. In Hennepin County the reduction is from 346 to 242; in Ramsey County, from 688 to 352; in Winona County, from 165 to 40; in St. Louis County, from 113 to 72; and in Stearns County, from 109 to 51.

Agriculture. The Commissioner of Statistics reports for 1887 a total product of 39,070,159 bushels of wheat, raised on 3,053,887 acres; 37,659,199 bushels of oats, on 1,325,810 acres; 17,234,422 bushels of corn, on 642,477 acres; 5,216,391 bushels of barley, on 322,612 acres; and 1,318,121 bushels of flax, on 167,264 acres. The amount of wheat for 1888 is estimated at 3,019,919 acres; oats, 1,538,134 acres; corn, 687,069 acres; barley, 370,075 acres; flax, 166,206 acres.

The act

Decisions.-On November 22 the State Supreme Court rendered an important decision, annulling the mechanics' lien law of the last Legislature, on the ground that many of its provisions were unconstitutional. aimed to give labor a first lien upon property created by it, and the furnisher of materials a second lien; but its provisions were so unskillfully drawn that procedure under it was im possible. As a result, men could not appeal to the old law, for that was presumptively superseded, nor could they appeal to the new, for the ablest lawyer whom they might employ could make nothing of it. The only effect of

the new law has been to suspend for a year the operation and safeguards of the former act of 1870, which by this decision is now restored. The Legislature of 1885 passed a law regulating the removal of county seats, which provided among other things for the removal by a majority vote of the electors, excepting in counties where the question had previously been submitted to a vote, and the county seats therein had been fixed by such vote, and in this

class of counties a three-fifth vote should be

required. In the case of Nichols vs. Walter this act was declared by the Supreme Court to be contrary to that part of the Constitution which requires all laws to be uniform in their operation throughout the State. There is, therefore, no law at present providing for county-seat removals.

Political.-The Prohibitionists met in State

Convention at St. Paul on July 25, and nominated the following ticket: For Governor, Hugh Harrison; Lieutenant-Governor, Theodore S. Reimstad; Secretary of State, Peter Thompson; State Treasurer, John H. Allen; Attorney-General, Charles E. Shannon. The platform contains the usual prohibitory resolutions, demands a law of Congress prohibiting the importation of liquor into those States that forbid liquor-selling, and concludes with the following resolution:

That it is the duty of the State Legislature to require each railway company doing business in the State to provide suitable and adequate stock-yards, at such stations as may be designated by the railroad commissioners, for the handling and shipping of grain, cattle, and other products, under such rules and regulations as will insure to every shipper equal rights, facilities, and privileges.

The Chief-Justice of the Supreme Court, F. L. Claffey, was later placed in nomination, and for Associate Justice, George S. Livermore.

On August 15 the Democratic State Convention was held at St. Paul, and nominated the following candidates: For Governor, Eugene M. Wilson; Lieutenant-Governor, Daniel Buck; Secretary of State, W. C. Bredenhagen; Treasurer, Hans Nelson; Attorney-General, C. D'Autremont; Chief Justice of the Supreme Court, Seagrave Smith; Associate Judge of the Supreme Court, George W. Batchelder.

In addition to commending the National Administration and policy, the resolutions denounce the grain-inspection laws of the State, deprecate the multiplicity of offices, accuse the State Government of extravagance, and reflect upon the State Executive in the following language:

We particularly arraign the present Executive of the State, for he has persistently refused to interpose his veto for the protection of the public treasury against the extravagant schemes of an extravagant Legislature. We commend to his consideration the example of Grover Cleveland, as evidence of the wholesome influence upon vicious legislation which an intelligent Executive can exercise by a judicious and resolute exercise of the veto power. He has de based the civil service of the State by removing officers of mature experience in order to pay the debts and

discharge the obligations of a political campaign. Under him the judiciary of this State, for the first time in our history, has been prostituted for the purposes of factional partisanship, and men of acknowledged incompetency have been clothed with the judge's ermine as a compensation for their political services in the caucus and upon the stump. We submit that the time has come for the decisive overthrow of our State. of the politicians who have so long directed the affairs

labor organizations, under the name of the On August 28 a conference of farmers and "Farm and Labor Party," met at St. Paul for the purpose of nominating a State ticket to This conference nominated: For Governor, Igrepresent the interests of organized labor. natius Donnelly; Lieutenant-Governor, James McGaughy; Attorney-General, William Welch; State Treasurer, W. G. Jebb; Secretary of State, J. P. Schonbeck. The platform favors a revision of the tariff, governmental control of telegraphs, and further restriction of railroads, and also demands:

That the money needed for exchanges be issued direct to the people, without the intervention of banks. The adoption of a system of voting embodying the principle of the Australian law, which abolishes the caucus system and secures to each voter an opportunity to cast a free and untrammeled ballot. without regard to sex. That the right to vote is inherent in citizenship,

The reduction of freight and passenger rates on railroads to a sum sufficient to pay only the operating and maintaining expenses, when economically administered, and a fair rate of interest on the actual cost of the roads, thus saving to the producers of the State several millions now wrung from them to pay interest on fictitious stock.

The enactment of a law allowing the mortgagor to deduct from the amount due the mortgagee, the amount of all taxes paid upon that part of the assessed valuation of the estate taxed, represented by the morta

The enactment of a factory-inspection law for the protection of the health and safety of employés in mines, factories, workshops, and places of business.

The enactment of a law defining the liability of employers for injuries sustained by employés in cases where proper safeguards have not been used, in occupations dangerous to life, limb, or health.

That eight hours shall constitute a day's work in all towns and cities on State and municipal work, and all such work shall be done by the day, and not by

contract.

The enactment of a law regulating the employment of detectives and peace-officers, and forbidding the employment of secret or private detectives by other than the State or municipal governments. weekly wages in lawful money by the employers of The enactment of a law to enforce the payment of labor in cities, and by railroad companies and other corporations, and at the hands of Congress.

Whereas, Any rate of interest above the average increase of wealth of the nation is robbery, therefore we demand a reduction of interest in this State to a reasonable rate.

A few weeks later, Mr. Donnelly, the gubernational candidate, announced his refusal to accept the nomination and his purpose of supporting the Republican ticket as the surest way of securing the demands of the laboring man. J. H. Paul was then nominated to fill the vacancy.

The Republicans met in convention on September 5, and after four formal ballots nomi