Arizona silver belt., 1895-12-07
THE MINERAL MARKET
POSTING LOCATION NOTICES

The Secretary of the Interior has rendered an important decision, of especial interest to locators of mining
 claims, involving an interpretation of the statute requiring the location no- hoe to be placed in a conspicuous place on the claim. The case origi- mated in Montana over the ownership Of three mining claims north ofthe Big Butte, claimed by Thomas Ferguson ct al. and Mangus Hansen ct al The Ferguson party entered protest against the entry of Hansen and part hers, alleging that the law in regard
 to posting notices had not been fully complied with. The local office at Helena sustained the protest, where upon an appeal was taken to the Com missioner The latter reversed the land office decision, and the case was again appealed to the Secretary of the Interior.
 It was shown that the plats and notices required to be posted were lacked in open boxes placed on the ground, with rocks around and on top of them to keep them in place, and on the ground round about were scattered large boulders, some of which ob- scured the boxes. They were located in out-of-the-way places, at some dis tance from the discovery shafts and not on high ground nor near either of the travelled roads.
 The Secretary says: 'T am strongly impressed with tho belief that there was a studied effort on the part of the applicants 10 avoid a compliance with the law in posting the notices in d conspicuous place on the land. In fact, there are several incidents dis closed by the testimony, which were probably not properly at issue, but which were nevertheless, brought out, and which the government may avail itself of in a proceeding like this, which is calculated to impress one with the belief that these applicants were anxious to avoid publicity in making their entry as much as was consistent with a Colorable compliance with the law.
 Tt is difficult, perhaps, to lay any general rule as to what should be con- strued to be a conspicuous place on a mining claim. It is a matter of com | mon knowledge that they are goner- | ally located in mountainous regions, where from any given point but com paratively small portion of the claim may be seen. But there must, from the very nature of things. be an initial point, both physical and local, in every mining claim, and that is the discov- cry shaft. Without this there can be no legal location, as all rights of every nature are based upon a discovery of mineral. In the absence of sll other improvements, as in this case, it would seem perfectly natural that any one going upon @ mining claim for any purpose for which the government would be interested, would go to the discovery shaft. It would seem as if this initial point would be the first to attract the attention of any one in- Testigating the land, and in the absence of all other improvements would cer- tainly be the most conspicuous on the claim. In digging a shaft a dump is necessarily created which shows the nandiwork of man, It may be located Tn an obscure place. This is true, yet, nevertheless, if it bo the only im- provement on the claim, itis certainly, in contemplation of law, and as Q phys ical fact as well, more conspicuous for the purpose Of conveying notice to the world than boulder-drifted hills, away from travelled trails or roads, would Do.
 'I do not think there was Q com pliance with the statute by the appli- cants in posting the notice on the claim, and therefore, reverse your office decision, and confirm that of the local office.