"Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commence-ment of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months, shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel." 18

14 Fed. Statutes, Vol. 5, p. 13, Sec.

2322. 15 Mt.Rosa Min. etc., Co. vs. Palmer (1899), 26 Colo., 56; Forbes vs.

Gracey (1876), 94 U. S., 762.

16 Keeler vs. Trueman (1890), 15

Col., 143.

17 Black vs. Elkhorn Min. Co. (1896)

163 U. S., 450.

This section contemplates that tunnels may be run for the development of veins or lodes or for the discovery of mines, gives a right of possession of such veins or lodes if not previously known to exist, and makes locations on the surface after the commencement of the tunnel invalid. There is no implication of a displacement of surface locations made before the commencement of the tunnel. There can be no implication of a conflict with the rights given by section 2322; those rights are exclusive, and a tunnel can only be run in subordination to them.19

The effect of this section is to withdraw from exploration for lodes not appearing on the surface so much of the public domain as lies upon the face of a tunnel, and to reserve such for the benefit of the proprietor of the tunnel so long as he prosecutes his work thereon with reasonable diligence, and gives him the right of possession for this purpose, and such tunnel locator may avail himself of the provisions of section 2326.20

18 U. S. Rev. Stat., Sec. 2323.

19 Calhoun Gold Min. Co. vs. Ajax Gold Min. Co. (1901), 182 U. S., 507.

20 Back vs. Sierra Nevada Consol. Min. Co. (1888), 2 Idaho, 420.