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Lode Vs. Placer ?

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Okay so........ If someone claims a "tailings" (its actually gangue material) pile at a known (but unclaimed) lode mine.  Can someone else claim the obviously known lode/vein deposit within this 40 acre placer claim without trespassing?  Keep in mind their paper work says they plan on "grinding tailings pile rock to powder to recover gold values."  Is that even a valid placer claim in the first place?  Let alone I can prove the "tailings" pile is not even vein material.

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Claiming the loose dump or tailings material as a placer is the legally correct way to do that. 

So all other things being correct, that is a valid claim. It matters not if its 100% wall rock material, or 100% vein material, or 100% gangue.

Nope, you cannot claim the lode without permission of the placer claim owner. To claim over his placer claim is mineral trespass.

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