The Elk Mountain pilot., 1882-05-04

lows:
"On each claim located after the
10th Of May, 1872, and until a patent
has been issued therefor, not less than
500 worth of labor shall be perform
ed or Improvements made during
each year" BY a subsequent act the
years for this purpose are the calendar
years, commencing each January 1st.
and end December 31st.
The question for YOU to decide as
to this, is whether there has been an
actual performance of labor or making
OF improvements on the claim, Of the
fair and reasonable value Of 500 dur
ing thejea 1881.
In order to assist you in arriving at
a conclusion on this point, the Court
has allowed testimony to be introduced
Of every kind which bears on the sub
| ject, and could aid you in dcternin.
ing whether labor and improvements
to the value stated were really put upon
the property or not
Among the classes Of testimony
which have produced before you, are
the following:
l. The number of davs OF labor
performed on the mine in question.
| 2. The usual and customary rate of
| wages per day for similar labor, in the
vicinity and at the time of the perform
ancc Of this labor.
;. The amount and character of the
work performed, giving particulars
and items, including number Of fest
Of shat: or DRIFT, kind of rock and
earth in which the work was done,
etc.
a. Tie usual and customary price
Of work of similar character in that
vicinity and at the time Of the per-
formance Of that work.
| S. As one way Of proving such usual
and customary price, testimony as to
the usual and customary amount of
stwegk | s. ei2ae for 500 in the vicinity at
the time.
6. The opinion OF experts who ex-
auincd tie work itself as to the fair
and reasonable yalac per foot Of the
work actually done in the mine in
question.
I. The opinion of like experts as to
the time absolutely required for the
performance oi that work.
s. The fair and reasonable value of
the work actually done in the mine in
question.
| 9. The amount actually paid for
the work aud improvements actually
done On the mine iii question.
| In arriving at conclusion as to
the fair and reasonable value of the
labor and improvements in question,
you can take into consideration all OF
this evidence. The different elements
Of proofju mentioned are produced
as aids to your determination none
Of them as conclusive in itself.
The intention Of the United States
law on this subject is wise and beneh-
cent. l. Isl TO give every citizen the
right Of possession OF limited por-
ton Of the public domain OF the
United States, containing valuable
mineral, SO long as he develop the
same but not allow him to hold 1t ,
to the exclusion of others, unless he
does SO to develop it.
For this purpose the law requires,
as we have seen, that each possessor
| Of mineral clam shall in each year
have labor or improvements put
upon such claim Of the worth of not
less than 500
What is required is that the claim
owner shall in good faith have such
work or improvements done to,the
reasonable or fair value Of $500. On
the one hand it would not be conclu-
sive in favor OF the possessor that the
evidence showed that he had paid
500 for the work done. If it also
appeared that by COLLISION or fraud or
neglect or otherwise an amount OF
work considerably less than that sun,
in fair value had been actually per
formed. On the other hand, 1t would
not be conclusive as against the owner
| If the evidence showed that there
might have been some one in the
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