In the case of Boston and Montana Consolidated Copper and Silver Mining Company v. Montana Ore Purchasing Company, 1902, the U.S Supreme Court ruled in favor of Boston and Montana Consolidated Copper and Silver Mining Company (B&M). The dispute arose over mining rights to a vein of copper ore that extended from B&M's property into land owned by the Montana Ore Purchasing Company. The court held that under federal law governing mineral deposits on public lands, known as "lode" or "vein" laws, ownership was determined by vertical boundaries extending downward along the course of a lode discovered on one's property. Therefore, even though part of this vein extended into neighboring land below surface level, it still belonged to B&M because they had first discovered it within their own claim lines above ground.

In the dissenting opinion for Boston and Montana Consolidated Copper and Silver Mining Company v. Montana Ore Purchasing Company, Justice Harlan argued that the majority's decision was inconsistent with previous rulings of the court regarding mining rights. He contended that a miner who locates a vein or lode within their claim has exclusive right to it, even if it extends outside their vertical boundaries into another's claim on surface level. The majority ruling allowed for lateral extraction by an adjacent property owner once the vein passed beyond vertical side lines of original locator’s claim which he believed contradicted established principles of mining law. Furthermore, he expressed concern about potential chaos in future litigation due to this inconsistency in interpretation and application of laws governing mineral rights.