Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-12-07

a range Of mountains extends in a
southerly direction for at least n hun
dred and fifty miles. That thisrange bears
mineral nearly its whole length. That
il has been prospected over for the past
twenty years, and is being constantly
prospected for mines, that new discover.
les are being made. That between Pail
SADIE and the town Of Eureka, a distance
Of about 30 miles, eight or ten. or more
mining districts have been organized, in
all Of which, mines Of value have been
found. That many Of these mining dis
tricts are contiguous, and covered nearly
all Of the distance between the two
towns named. That these mining dis
tricts extend south from Eureka for a
distance Of from sixty to seventy miles.
in many Of which rich mines have been
found.
The U. S. Typographical surveys con
firms this evidence. This mountain
range is intersected in some places by low
passes, and valleys, and different parts
Of it rave local names, but it virtually
constitutes a continuous range, though
broken in places, on which mines OF
great value have been found, and doubt
less others remain to be found. 1t is one
Of the richest mining belts or zones in
the State. The Eureka Mining District
alone is reported to have produced be
tween eighty and ninety millions OF dol
lars, since its discovery, and large min
ing operations are still going on there.
Upon this mountain range, and upon
the foothills adjacent thereto, is found
the timber or trees, OF the character and
quality mentioned in the finding OF fact,
above set forth. 1t was upon this noun
tain range, and upon the foothills ada
cent, that the wood in controversy was
cut, and much Of it within the limits Of
organized mining districts, and not far
remote from known mines.
1t can hardly be questioned or doubted
that the land upon which this wood was
cut is properly classified and recognized
as mineral land, and strictly within the
pursiew of the Act of Congress above
cited. This land has no value except for
its mineral. 1t is mountainous, or
broken foothills, with no soil, and not
capble Of cultivation. The wood grow-
ing thereon is e. only for domestic use;
it has no value as timber to be made into
lumber. IL is the discovery, and open
ing and working Of mines that creates q
demand for this timber or wood.
The test of the Land Department, as
to whether a timber or mineral entry
should be allowed, to wit: (Which is the
land the most valuable for, it's timber or
known mines!" does not apply in cases
ike the one before us. The test is very
proper in cases where it is used, as APP
piled to a limited tract of land, but IS
applied to tract Of land extending, as
this mineral range does, for hundreds OF
miles, it has no application, for the land
has no value for its wood, or anything
else, until the discovery and opening OF
mines creates a market and gives a value
TO the wood.
During the twenty-five years that Ne
vada has been q State, none of this land
has been surveyed, except in isolated
places in the valleys.
1t will not be contended that the bene-
fits Of the Statute are limited to the use
Of the wood or timber growing upon
known mining claims. Such a construc-
ton would wholly defeat the object and
purpose of the Statute, since such tim
Der or wood belongs to the owner OF the
claim.
1t is charged with some earnestness
that, as it is shown, this wood and coal
were to be used in the reduction of ores
and refining the product thereof, such an
use is not a mining use properly. That
reducing ores, by mill or furnace process,
and refining the bullion is not a part OF
mining. If not properly a part OF min
ing, it certainly is incident to it, and
closely connected with it. In a very re-
stricted sense it may be true that min.
ing is limited to the breaking down or
digging up of ore in place.
In it's ordinary and usual sense, min.
ing embraces many things connected
Herewith, and it calls to its aid the ser
vices of many classes Of persons, not at
all skilled in, or wholly ignorant of, the
manual labor of mining. But not to
dwell upon this point, we may concede
that reducing ores and refining the pro-
duct may not be strictly mining. Still,
this business, by itself, is a domestic in.
dustry, of the highest Importance to the
miner and to the public.
Without reduction works it would pro-
ft the miner, or the public but little to
mine the ore. Reducing ores is Ger
tainly a lawful pursuit or business. and
those engaged in it, within the State,
are within the benefits conferred by the
Statute. and entitled to use this wood or
timber for this purpose. The miner is
not the only person benefited by the
Statute. 1t applies to all alike who use
this wood or timber for domestic or 10.
cal use, within the State.
And il matters not whether such re-
duction works, mills or furnaces, are en-
gagged in reducing ores from mines owned
by the proprietors of the works, or are
engaged in reducing purchased ores, or
in what is usually called custom work,
for pay, toll or tribute from the owner OF
the ores reduced. All industries within
the State, not prohibited from such use,
are within the protection Of the Statute.
have therefore. no doubt, under the
evidence in this case, but that the de-
PENDANT had full right to purchase this
coal and wood. and use the same at it's
reduction works, and that the Statute
above cited is a complete defence to this
action.
II follows therefore that judgment
must be entered for the defendant, and
it is so ordered.
(Siqned) GEO. M. SABIN, Judge.
Nov. %. 1889.
Chief Postofice Inspector Rathbone