The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1896-10-31
LIME is NOT A LODE
IMPORTANT RULING BY THE SEC
RETARY OF THE INTERIOR.
Wasbington's Highest Tribunal Is
Told to Mind Its own
Business.

Washington, u. c.. oct. 27.-Secretary
Francis is making a record for himself
In the matter OF decisions of long pending
cases on appeal before the interior de-
partment.
One of the most important decisions
which he has thus far rendered involves
property in the state of Washington, the
famous Orcas Island Lime mine, which
has been in controversy before the land
Office and in the courts for over 10 years,
almost ever since its location by Ed
ward S. Smith, Feb 10. 1884. The case
has been passed upon by the superior
court of the Seattle district, by the su-
preme court of Washington, and also by
a former secretary OF the interior. Sec
rotary Francis reviews the whole matter
in IA type written pages, arrives at the
conclusion that the "Orcas Island Lime
Lode" was a nullity. hence none of the
parties claiming it under the mineral
laws are entitled to it, and orders that the
location of Smith and others be can
! celled.
Secretary Francis. in this decision, takes
occasion to give rap to the supreme
court OF the state of Washington, telling
| It I'm effect to mind its own business and
not to attempt to decide questions upon
which congress has given sole author
ity to the interior department. After this
little outburst Of jealousy. the secretary
takes up the point which the supreme
court of the state presumed to pass upon,
and by holding exactly the same opinion
in regard thereto, offers a slight salve to
the judicial feelings, which may be pre-
sumed to have been wounded by the
aforesaid censure.
While the mime" In controversy is To-
Gated in San Juan county, the decision
arrived at by the secretary is an impor-
tant one to mining men everywhere. as 1t
asserts very positively that lime Lodges or
deposits cannot be considered as veins
o. lodes of mineral under the meaning
) or the United States mineral laws.
Has No Force.
THE dictum of the supreme court OF
Washington" says the secretary, ''in re-
gard to the action of the department In
reference to it's order is without any
e force whatever. The power and authority
e OF the secretary of the interior In the
disposition of public lands is derived from
congress, and in the exercise of his exec
utive functions in the management there
of he will not be controlled by the &C
e tion of a state court when, as In this
matter, it attempts to invade the excclu-
" sive Jurisdiction of the interior depart
v ment of the government"
a supreme court of washington, the secre-
"A tary proceeds to consider whether Smith
l., could lawfully obtain title to the land I'M
h der the mining laws as a lode claim. At
n ter quoting a decision of the United States
l. supreme court which defines vein or
l. lode as used in the statutes to be "a body
Is II mineral or mlneral-bearing rock, with
" in defined boundaries in the general mass
/ of the mountain" the secretary declares
lie that this land does not come within TIE
" meaning Of the act and that Smiths loca-
is ton of 1t as a lode claim was therefore a
De nullity.
Having disposed effectually of Smith
claim to the land, the secretary takes up
}. that Of the Wheelers, which was decided
adversely to them by the supreme court
e Of washington. ut matters not" says
the secretary" by what course Of reason
ut ing the court may have arrived at this
n Judgment it is sufficient for the depart
Sc ment to know that the adverse claim Of
h. plaintiffs was not sustained"
ed There being no lode in existence fol
70 Smith to take up under the mineral laws
IN and the court having knocked the pinnint
ne from under the claims Of the Wheeler
be and the Puget Sound Lime Company, thu
t. secretary orders all locations cancelled
The lime in Orcas island, therefore, still
belongs to the government and 1t remain
S. for some other shrewd citizen of the Unit
ed States to get possession of tiff h
A. knows how, for that is about the onl.
thing in relation to this case not thor
VS. oughly explained by the secretary's decis
ion.
ne Patents have been issued to Harry c
ed Webb of Tacoma for a machine gun; t
re- Samuel p. Mackey of Ridgeheld, Wash
of for a weighing or a measuring machine
ire to James c. Onard of Tacoma for
ir- spraying apparatus, and to Edwin G
of Hurt and e. NJ. Hostetter of Caldwell
Idaho, for a novel means of closing punci
IN ures in pnuematic tires.
'ge The pension Of Williams H. LETTERS c
SIS Zilah, Yakima county, has been allowed
The postofice at Yacolt Clarke count,
will be discontinued October 81 All ma
r. for that Office will hereafter be delivere
at Amboy.
at New contracts have been entered int
-, with the Northern Pacific Railway Con
49,, pany from Portland to Tacoma, ia mile
1or Wallula to Missoula, 4l9 miles; Pasco
net Cascade Junction, 227 miles. and fro
~, Aberdeen Junction to Aberdeen.
,rt, -. -. ,,,.,,