The record-union., 1896-10-06
Sun wash dump opposite the Rising Sun

Sun wash dump opposite the Rising Sun
powder-house at the point marked
on mineral claimants exhibit c. 'Loc.
corner which is above the words dead
oak stump at the northeast corner of
the dotted red lines appearing on the
map.
THE other corners Of the parallelo-
gram represented by the dotted red
lines on the map Exhibit Cmarked Loc
Corr as well as the southwest corner
not SO marked, were in like manner es-
tablished." Afterward, in 1885 or 1885,
prior to the purchase by mineral claim
ant, S. D. Valentine, E. c. Uren, the
surveyor, went on the ground and made
permanent mounds and set new stakes.
These stakes and mounds were fixed
at the places approximately where the
original stakes were set by the relo-
Gators, Nichols and Very. (See testi-
mony Of Joseph Very page III, and
Of E. c. Uren, page 165-191.) These
stakes and mounds were in place when
S. D. Valentine purchased (November
%, 1850, and before the purchase were
pointed out to him by his grantors
According to the relocation Of the big
Oak Tree" @. NJ. thus made upon the
ground 1t Is correctly marked and de-
lireated upon mineral claimants map,
Exhibit &C" by the dotted red lines.
The tract colored green thereon rep
resents the official survey for patent of
the big Oak Tree Q. NJ made in
March, 1886, by E. c. Uren, a United
States Deputy Mineral Surveyor. The
relocation of the big Oak Tree" quartz
mine as made in July, 1888, by Nichols
and Very, was after the discovery Of
vein or lode of gold bearing rock in
place therein, and was distinctly
marked on the ground so that it's boun-
daries could be readily traced, and was
located by reference to a natural OBJ
ject and permanent monuments. This
ground lies in the Illinoistown Mining
District
1t does not appear from the evidence
that there We're any laws, rules or reg
ulations either written or acknowledged
governing the location, working or
holding of mining claims in this district
at the time of the relocation of the
Big Oak Tree" Q. M. other than the
laws of the United States, nor was there
any State law on the subject
The mining laws of the United States
do not require any written notice to be
posted upon the location when made,
and in the absence of any local rule or
regulation or State law requiring a
notice to be posted, the location, the
| boundaries of which are properly
marked on the ground, is valid without
posting any notice Book VS. Justice
Mining Company, 50 Fed. 1861
In the absence of a local alrule requiring
1t, notice Of location need not be posted
or recorded. Garter VS.. Bacigalupi,
(" Pac. 361, Allen VS.. Dunlap, 33 Pac.
SO; Book VS.. justice, 80 Fed. JOG: Cord
VS.. Cal. Oil Co., 60 Fed 531)
A mistake in the notice as to the di-
rection and course does not invalidate
the location. The stakes and monu-
| inents referred to in the notice and
| posted on the ground will control the
direction stated in the notice Book
VS.. Justice, supra)
In our opinion the allegation of pro-
testants as to the second issue is not
substantiated by the evidence of the
case. The relocation by Nichols and
Very of the big Oak Tree Q. M. was
a valid and legal notice of location of
mining claim, and any defect in the
description of the ground sought to be
| located in the written notice Of reloca-
ton was cured and controlled, in the
| light of the above cited authorities, by
the location in the field
| incidentally we find that mineral
| claimant S. d. Valentine has expended
over $4,000 in the attempted develop
ment of the big Oak Tree" @. M. since
his purchase thereof. In our opinion
he has acted in entire good faith
throughout this proceeding.
AS conclusions of law from the fore
going findings of fact, we find and de-
eide that:
| First-Protestants have failed to i'm
peach the survey for patent Of the big
Oak Tree" quartz mine
Second-Patent should issue as prayed
| for by S. D. Valentine upon the big
| Oak Tree quartz mine.
Third-This protest should be dis
missed.