The Helena independent., 1894-11-15
WATERS THE THING.
MINERAL CLAIMANTS KNOCKED OUT,
The Man With the Valentine Scrip Gets
Away With His Case at
Washington.

The local land oiiice IL In receipt OF a
decision by Commissioner Lamoreux,
of the general land office, In the case Of
Edward H. Smith versus Franklin r.,
Wallace and others. The case is con
test over land on the north fork of sun
river. The placer claimants TO the
o2eol placer allcge that the land con-
talna limestone and stone suitable for
making grindstones, and another claim
ant had located land with valentine
script. The mineral claimants heated
1850 acres Jan. 81, 1891, and the script
covered 40 acres some time after and
was embraced within tho mineral
claims. The mineral claimants applied
for permission TO make entry and Smith
| protested. The local land Office recon-
mended the cancellation OF both the
scrip location and the mineral applica-
tlon, the flrst because the land was not
unapproprinted and unoocupied al the
time the scrip location WAS made; the
other because the mineral value OF the
land was not sufficiently proven to war
rant Its purchase under the mineral
laws. Smith appealed 10 the general
land office. The commissioner, In his
decision, says that he finds from the
testimony that there are several springs
OF hot water possessing medicinal prop.
critics upon the land In controversy;
that there Is limestone and stone suit
able for grindstone, but II would be
practically impossible to get II 10 mar
ket; that both parties want title to the
land because OF the presence OF the
springs; that the Ozeal placer, though
containing mineral, has no especial
value therefor, and that the mineral
claimants have failed TO do $500 worth
OF labor or Improvements, for mining
purposes, though that amount OF i'm
provements have been placed there, but
not used In connection with mining.
From these findings OF fact the commits
sloner draws the conclusion that the
mineral application must be cancelled
Tor failure 10 make the necessary ex-
i penditure and because the ground is
not sufficiently valuable for mineral
purposes. I'm this case" says the COM
missioner. ''it is shown that the land
contains no mineral which can be Sc
cured with profit. owing TO the fact that
II Is far removed from any market and
IL dlriicult or access
The commissioner then takes up the
provisions OF the act providing for To-
eating land with Valentine script. Such
iand was 10 be unoccupied and unap-
lpropriated, and not mineral 1T goes
without saying" continues the commits
sioner, than any occupation sufficient
to except from location by script must
be that authorized by law, not merely
that held under color of law without
right. IL is evident that the occupation
OF the O5eal placer was unauthorized
by law. Hence there was no appropria.
ton, and the land being adjudged nor
mineral there exists no bar TO the loca.
ton of the script.
"The decision is reversed go far as II
recommends the cancellation OF tbs
scrip location"
Smith was represented In the contest
by Nelson a Settles.
Commissioner LamoreuX has issued d
circular to registers and receivers stat.
ing that under the terms OF provision
In the sundry civil act soldiers addi
tlonal homestead certificates are made
valid, Notwithstanding any attempted
sale or transfer. Patents are to be IT,
. sued In the names OF the assignees ol
the certificates. Holders of such certi
flcates desiring to exercise the right OF
entry In their own names must file thu
certificates with the land Office, to-
gether with satisfactory proof of own
ership and OF bona fde purchase fol
value.
A hearing was begun in the local LAND
office yesterday In the case OF the United
. States versus John A. Shoemaker. TIL,
latter located some placer ground NJ
the gulch for reservoir purposes. II II
claimed that the land is not mineral
and the hearing IL to determine II II Is