The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-08
The BABY LODE Case.
Decision by Commissioner Carter
Of Great Interest to the Min
ing Community.
Tho Rock Only Assayed Three
Ounces, but the Claim Was
in a Good Section.
News From Jefferson County Mincs-The
Boulder District in Park County
Tho Silver King.

News From Jefferson County Mines-Th'
Boulder District in Park County
The Silver King.
The decision of the general land Office, il
the case of Edward H. Moore va. Grant,
Mountain Mining company, IN which thu
Baby lode was the prize contested for, ia o
general interest to the mining men of thu
state. Tho Baby lode was located June Z
1856, by Thos. Treaville, who afterwards
conveyed all his interest to the Granite
Mountain Mining company. December Is
1889, Edward II. Moore filed n protest
against the entry, alleging that the CON-
pany had not discovered any vein or rock
bearing gold or other metals on the ground
In dispute, and that it had no value fol
mining purposes. The general land office
ordered a hearing of the case, which was
had by the register and receiver at Helena,
continuing till July 8 following.
The testimony in the case was very con-
Aicting, the protestant denying the exist
ence of any lode or vein on the ground in
controversy, and the claimants alleging the
existence of q vein. The land officials
O0C1OSO buht bNo 1mpoIb u
the testimony was to the effect
that there is q we'll defined
vein in the workings, assaying from one to
three ounces silver per on. The facts are
that the claim was partly built upon by
Moore and others, being adjacent to the
town Of Granite. Tho Granite company
first entered it asa millsits, but afterward
it was learned that mineral had been dis
covered upon it and then proceeded to enter
il "a q mineral claim. Several hundred
dollars were expended in sinking a shaft
and making drifts and tunnels on the vein.
The Baby lode contains but fifty one hun
dredths of an acre, and is q triangular piece
of ground surrounded on all sides by min
ing claims. 1t is only about 600 or 700 feet
from the Bi-Metallio and Granite Mountain
mines.
The local officers also decided that the
burden of proof was pom the contestant to
show the non-mineral character of the
ground. and this they did not do. Continu-
ing the decision says:
SPY the evidence of experienced men it
ia shown the Indications are such as would
Justify a reasonable man in expanding
money in developing this ground as min
oral. Mines adjoining are shown to have
not paid, until after much development
work had been done. True, this ground
actual production of mineral, but sur
rounded as it is by other mines. and being
80 close to the above named mines, it has a
positive value for mining purposes, tho
not a trace of ore appeared Upon the sur
face.
AT 49, ALok $3.50. H.
to tho mining claimant, because the actual
production of mineral was not shown it will
be found there were no adjacent mines of
value, or that the ground had great value
for agricultural purposes.
''In this case il has not been alleged that
the land has any value for agriculture,
though it has some as building sites. The
deed exhibited by protestant to show the
claimant meditates speculation does not
seem to involve any portion of this
ground, and the instruments expressly re-
serves all minerals and the right to prose-
cute a search for them, and the considera-
tion was but 81.
1.-The adjacent land being very valuable
for Its mineral wealth, the entire surround
ing ground being taken for that purpose,
this small triangular strip, lying between
and among other mines, must be decided to
be mineral land.
1--WE and no evidence of a speculative in
oeub On bH0 DSrb Oh bu6 ClhiMaQtS, and we
find the said ground to be mineral in char
aoter."
The case was then taken up by the gen
eral land office, II Commissioner Carter
sustained the action of MeBsrs. Swiegert
and Bourquin as follows:
ut appears that this claim adioins the
village of Granite, an unincorporatsd town,
and that the land in controversy is valuable
for municipal purposes.
1.-THE evidence shows clearly that a shaft
was sunk, tunnel and cioss-cuts were run
in the eastsrly end of the claim subsequent
to the entry Of the land as a mill site. the
~preponderance of evidence shows shat a
vein of quartz was found in the shaft from
one to three inches in thickness, carrying
from two to three ounces silver to the ton,
and that said vein can be traced through
the drifts and unnel for q distance of
over thirty feet.
1.-THE value Of said claim for mining pur-
poses has not been thoroughly tested or
established, but a sufficient discovery has
been made upon which to base a valid loca-
ton, therefore l must hold that protestant
has failed to substantiats his allegations.
Bald protest is hereby dismissed and the
case closed.
The case is one of peculiar interest to
mining men, az the question of the extent
and value OF the mineral OIL a claim, to make
1t susceptible of entry under the MINING
laws, ia one continuously arising, This
was a claim which was available for town
site purposes, on which the ore 80 far dis
covered only assayed about three ounces in
SILVER, but 1t was in a good district and
therefore 1t was held to be, more valuable
Tor mining than for townsite or aprioultu-
raj purposes.