The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-06-17
THE LAND NOT MINERAL.
An Important Decision That Has
Been Rendered by the Helena
Land Oflca
It Involves Valuable Ground
Within a Few Miles Of
This City.

The Homestsad Entry Of French and Bran
dagss IL Held to HI the Proper
Thiag fer II.
8. A. Swiegstt register, and George NJ
R~ourquin, receiver Of the Helena land Of
foe, yesterday promulgated their decision
in the somewhat famous contest between
Eugene .. French and Henry NJ. Rrandage,
ON the one side. and the Montana Ainins
and Reduction company and Annie =. Bris'
coz and George h. Child. transferees and
intemsnors, on the other. The case has be.
come known % Potatoes versus Quartz
potatoes" win.
On August Is, 1890. the Montana Mining
and Reduction company filed In the land
office application for patent Tor the Ida,
Emma. Cleveland. Dandy. Star, Bismarck,
Comstoek, Alert. Saratoga and Handy
lodss, and the Saratoga and Handy mill
site, comprising 1884, 81 acres. situated in the
Scratch Gravel district (between four and
Eve miles from Helena), excluding por-
tions extending into sections COW
cred by selections Of the
Northern Pacific Railway company,
G. W. Keller filed adverse claim against
the Star, Alert and Comstock lodes, to the
extent Of their conflict with his Fairview
lode. The company afterwards rslin-
quished the area 20 conflicting. On Dec.
81. 1890. the company rendered final proof
and payment for the Ida, Emma, Cleveland.
Dandy. Bismarck, Star, Saratoga and
Handy lodes, 135. % acres, which being reg
ular in form and on its face satisfactory,
was accepted and final receipt issued there
on. On Oct. q, 1891, Eugene 8. French
and Henry NJ. BranduRee filed an affidavit
of contest against the said mineral entity
with a view to cancellation thereof and
entry by themselves Of the same land and
other land under the homestead laws. alleg-
ing in substance that no part Of the land
was mineral in character, and that the en-
cure agricultural land under the mining
laws.
The opinion just rendered says: "The
land involved was returned by the surveyor
general Is agricultural, but the mineral
entry being regularly made after due notice
character Of the land prima facie mineral.
Thus the only question ia whether the land
is mineral or non-mineral." Dscisions of
courts are given 10 show that lit is not
enough to show that the LAM in oontro-
versy may hereafter develope minerals to
such an extent as to show Its mineral
character, but 1t must be showna as q present
fact that the lands are mineral, n this
must appear from actual production or
Development" further that lit must
ontain one or more of the
metals named in the statute. for the
existence Of quartz or vein matter does not
Of itself constitute a mine, nor warrant the
discoverer in locating a mining claim"
also that "these metals must be present in
sufficient quantities to make the land
available. valuable and profitable for min
ing purposes by the usual methods" An
other decision is quoted to show that
'land may he mineral If it satisfies the
cient if the land has an agricultural value.
1t then must also be more valuable for
mining purposes than for agric ultural."
Nor will it suffice to show the land has
little or no agricultural value. for unless it
is mineral land "a here defined, though
it can not be entered under the mining
laws" Land is not mineral and simply
because it is valuelsss for agriculture, any
more than it is timber land for the same
reason"
In effect the decision says: 1T appears
the application Appropriated closely to a
quarter of a section. The surface of about
two-thirds of the quarter section is COM
paratively smooth. The remaining one
third is rolling, rough and broken, rising to
a high rocky point. The soil is in larger
part = sandy loan Of shallow depth, the re-
mainder being decomposed granite, gravel
aad rock, reefs of the latter appearing
above the general surface on all portions of
the claim. No living water exists upon the
land, no vegetation other thsn q short and
scanty growth of grass. having much the
appearance of buffalo grass. The esti-
mated cost of the work don't upon the
claim is about 5000. and il mostly or
nearly all upon the Star and Bismark loca-
tions. the work upon the remaining loca-
ions consisting Of shallow excavations or
discovery shafts from two to ten feet deep
of an estimated value of $500. The cuts.
shafts, etc., are almost wholly untimbersd,
and are encountered by refuse and loose
dumps ON the surface. None of the work
ings are under cover. None of the shafts
are provided with facilities fer hosting.
Ihe appearance of the entire workings is
that Of general d~ilapidation and abandon
ment.
"The chief conflict is whether tho work
inRs disclose well-deinsd veins of ors-bsar-
ing quartz between walls. Plaintiffs allsRe
to have found nothing but seams bearing
vein matter Of little Or no v~alue-nothinR
approaching we'll defined veins between
walls. Defendants a. strongly allegs the
existence of well-dsfned veins of ore-bear-
ing quartz Of considerable value, with one
or more walls. The question Of veins and
walls is not of itself the true test of the
character Of the land, as We have shown,
but tho conclusions at which w arrive,
based upon the evidence and our own in
speotion of the ground and the workings,
support the contention of plaintiffs shat
within these locations there are not OK
posed, by the workings or otherwise. any
weli-defned veins OF ore-bsarinR quartz
between walls.
"Dsfendant's counsel ia his argument
takes the decided stand hat the true test
of mineral land, is whether there ia suffici mt
vein matter to support a location. Ii SO,
the land ID mineral. There il q broad dis
tlnction between q mining location and a
mineral entry. Slight indications OF
quantities Of ore will support q location,
but the land must DO mineral a. above &C.
fined, before q valid mineral entry can be
mads-bsfore the land can be legally pur-
chased under the mining laws. The pros.
pector does not find valuable mines on tn
su' face, as a rule. He mt be given .
time to probe and sound, to prospect an
develop, to learn II the Indications were {
true guiding star to valuable ores ant
wealth, or simply . deceiptful iRnis fatuul
leading him to ba%rrenness and poverty
That too often such indications prove to b.
the latter, is evidenced by the abandon 81