The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1893-05-04
NORTH YAKIMA, WASHINGTON, THURSDAY, 4, 1898
MINING CLAIMS on PATENTED LANDS.
A Well known Attorney Cites De-
cisions On This Question For
ssThe HERALD, Readers.

wise you whether mining claim can bt
located and held on patented land2
II it was known, not guessed at but
known, prior TO the issuance of the
patent that the land could then be profit
ably worked, by the methods and means
then known and used, the patent could
be Cancelled by the courts. II the min
eral discovery was made after the issu-
ance Of patent; or If the presence of min.
eral was known before patent issued, but
the machinery or device for profitably
working the same was not known until
after issuance OF patent, the land would
not be subject to entry by mineral
claimant.
The decisions have been numerous on
this subject, and are so clear that it is
astonishing to me that the crazy idea
prevails that one can enter upon any
land belonging to another and mine it.
Those attorneys whom you say have
given such advice are prima facie stupid.
If they would but read the wording of the
patent they should know better.
The patent gives complete title with
but the following quoted reservations,
viz: ITO his heirs and assigns forever !;
subject to any vested and accrued water
rights for mining, agricultural, manufac-
turing or other purposes, and rights to
bitches and reservoirs used in connection
with such water rights, as may be recog-
nized and acknowledged by the local
customs, laws, and decisions of courts,
and also subject TO the right Of the propri-
etor of a rein or lode 10 extract and remoue
his ore herefron, should the same be found
to penetrate or intersect the premises hereby
granted, as provided by law" The min
eral exception, you see, only provides for
following vein or lode," the discovery
and working of the vein or lode must en-
mate on other land. There is no excep-
ton whatever for placer mining on pat
ented land by those not having title to the
land.
cite you to the following decisions
Colorado Coal Co., vs.. U. S., t123 U. S.,
307): "The question must be determined
according to the facts in existence at the
time of sale. If upon the premises at the
time, there were not actual known mines
capable Of being proftably worked for
their product, so as to make the land
more valuable for mining than for agricul-
ture, title to them, acquired under the
presumption act cannot be successfully
assailed. A change in the conditions oc'
curing subsequently to sale, whereby
vein discoveries are made or by means
| whereof it may become profitable to work
the veins as mines, cannot effect the title
as it passed at the time of sale." See also
Davis vs.. Weibbold (l39 U. S., sou +;
Deffeback vs.. Hawke 115 U. S. 1872,
4O5).
The secretary of the interior has decid-
ed upon the subject as follows: Northern
Pacific r. r. vs.. Smalley, July IL, 1892,
Us L. d., 80: "The question of the
character OF the land must be determined,
in the case of the homestead entry, as Of
the date when the final entry is made,
and under the conditions then existing.
The land in dispute has been formally
determined not to be mineral land, and
discoveries made since the entry cannot
be allowed to effect that judgment" The
interior department has made the same
line Of decisions for years; see: Nicholas
Abercrombie, L. D., 1893; Abrahm L..
Miner, L. d., 40s; Thomas J. Laney,
h., IS Plymoth Lode, II L. D., 513.
On the question of town site and min
eral claimants, acting secretary of the in
terror decided June %, 1891 (42 l.. D.,
662): 1.-THE mineral location was not
made until long after the patent was is
sued upon said townsite patent, so long
as the same remained outstanding and
intact, was not subject to entry. If it can
be shown that the land patented under
said townsite entry contained known
mines at the date of the townsite entry
and patent, then proceedings should be
instituted to set aside the townsite pat
ent." But it must be proved that the
mines were not only known, but could be
proftably worked before patent issued.
Yours Respectfully
WILLIAM HALE REED.