Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1883-06-25

10 6led during the period Of publ;ca.
ton it shalt be upon oath Of the per.
son or persons nskiug tho same, and
shalt show literature, boundaries, and
extent'o Of such adverse claim, and al
proceedings, except the publication Of
notice and making and fling Of the
affidavit thereof, shall be stayed until
the controversy shall have been set.
tied or decided BY . court Of compe.
tent jurisdiction or the adverse claim
waived. It shall be the duty Of the
adverse claimant, within thirty days
after fling his claim to commence
proceedings in \ court of compe tent
jurisdiction to determine the right Of
possession, and prosecute the same
with reasonable diligence to final
Judgment; and . failure to do 50
shall be . waiver of his adverse Claim.
After such judgment shall have bcen
rendered, the party entitled to the
possession Of the claim or any portion
thereof, may, without giving furthe'
notice, file a certified c.py of the
judgment roll with the Register Of tn.
Land Office, &C., and y patent shall
issue thereon for the claim, or sucl
portion thereof as the applicant shall
appear from the decision of the court
to rightly possess, &c.
The disposition OF the public lands
o, the United States, including tn.
mineral lands, has been committed b.
Congress to the Interior Department,
and the President, and all coutrover-
sizes arising between claimants or ap,
plicants for them are usually settle
and determined by that department.
and it is only by virtue Of the expires,
provisions Of the statute above refer
red to that the court has jurisdiction,
Of such = controversy. There wer,
no such provisions in the Act of 1866,
and they were no doubt engrafted
into the act Of 1872, for the purpos.
of more speedily settling aud putting
these contests at rest in q iudicia
tribunal, - we'll as to relic. We tn,
land officers Of duties judicial il,
character.
If then the Jurisdiction OF tn.
court to try and determine contest.
Of this character is derived. not from
its general powers, either legal OF
equitable->but from the statute, and
they are questions referred to the
courts for decision and certi6cation, a.
one of the steps for the procuration o.
title, as appears quite clear, not onl,
from the foregoing, but from tn.
further fact that the judgment or de-
cision of the court is not to be exc
cuted but only certified to the Regis
ter of the Land Office; tI,en it fol
lows that the complaint in such a,
action must show that all the pre-
ceding steps required by the statut'
to be taken IN the proceedings t.
acquire title, have been substantial,
complied with, otherwise the specia
jurisdiction of the court derived from
the statute is not shown.
1t should appear from the com
; plant that the plaintiff is qualified
. and capable to be a claimant ant
patentee of mineral lands Of tn
United States, and if claimant b
} location, by special averments that h
has substantially complied with tn
laws Of The United States and wit
the local laws regulating the mode Q
acquiring mining claims by location
1t should set forth either by write
| description, plats or diagram clear de
scnption of the claim or the porto
thereof in controversy, not only fo
, the information of the court, but ais
. that when the judgment is certi6e
, to the Register it may be seen tn,
t the court has adjudicated concernin
. the identical claim or portion put
q controversy by the adverse claim orig
e nally filed in his Office. And it shout
s set forth by proper avsrments, chron'
t logically, the proceedings that ha,
been had in the land office leading
3 and eliminating in tie bringing
r the action. 1t is quite proper also
p, MT nacesearv That II shonl1 e<u<o IL