Arizona republican., 1898-06-17
DIGEST OF DECISIONS.

DIGEST OF DECISIONS.
 .sIE response to "a widely scattered ant ', numerous inquiries, says the. M. & s Preas, it is eeemed worth publishing ; . digest ,Of the most recent dEeisions re
 garding mineral lands anu {. minera
 claims, made by rne secretary of tho
 interior end the general land office:
 The existence of a mineral. location
 raises the presumption ,thatsithe loca- tion has been made in conformity with
 lawsrand that Ehe hnd ecpEexed thereby
 is mineral in ciaHscter.s iF.
 Where mineral is found, sand it ap-
 pears that a pexsGE 1Of 1offirnary pru- dence would sae justified in further ex
 rendHIre with "a ireasonah2s.p prospect of success in developing a mine, the land may be WGpefE regarzled as min eral in character. ,.
 A hearing will no. be orasred on an allegation that "a ,tEact eof aslhd, em- bracedy with certified Hist ME state se- lectiOtS, was not, 'na .aceounti of its prior known mImerai is.haracterIn nintend- ed to be granted ito the sEzze,, exeepi upon asstrong prima facie showing ir support. .iof such allegation 1
 The harden of proof is prepsrly upon one alleging the mineral character oa a tract .shat has, priGr ,thereto,, been adjudgeG Gragricuftural e3ff
 If the s:burden of ,proof as ito the charaeterpfaland is iiuRarupetM placed, and aoeef ted as placed withnst objec- tion, hesparty so relieved f.om said burden isfRot in q position. to complain of such anlion on appeal. in the bsence of an attef&pt in the agTellatesaribunal to shift the burden and saptiy ..the k changed standard to the recofa1 made ;on the heating in the llycal ,oehce.
 The ,non-Eaineral character ofza. tract or land hawfng been determined sas the result of hearing held an that. issue, the department is not justified In or dering anOtRef hearing OF the saxae is sue, in the atsence Of a dear shaving of development made since the sprior hearing, suefls.as, if supported .hs the evidence at t6e hearing applied for, eWorid clearly y;siemonstrate that since suck prior hearing mineral has iseen discovered fn ssch quantities, and by such thorough sATork on the premises. as teeovercome SAe effect of the pregi- ous ja 1gment as flo the cl7araster of fine land.
 In < hearing eerdered to determine the aMsged kncMn mineral eharactee. of lan5 embraced a.n an agricultural entry, made at the conclusion of al prior contest inTutsing the character of the land, the ex.i9ence must be con- fined to discoveries after the date of the first nearing, ard prior to the al- 1owance, Sf the entry.
 The notsce of an application for a mineral patent should, in stating the names of adjacent efains, include un- surveyed as well as surveyed claims.
 Failure, te include in the posted and published netice of a mineral, applica- tion the naAes of the nearest or ad- jaceht claims in strict aceordance with paragraph g of mining regulations, will not rends- new notfee necessary, where the norice as given is substan- tially an confos.nity with ahe practice observed under said para graph. 4 "a F Fl Judicial procea 1ings are Aot effect lse as against an application for min 1 sIal patesst if not based upoE san .ad- verse claim as proaided by staeute.
 The faiIsre of a claimant under a l mineral location to make objection to | the allowance of an agricultural entry l 1f the land is concluaSye as to the right | of such claimant to be heard.
 On appeal from the refusal of the To- ,as office to entertain a protest against | !. mineral application, tl.e appellant is lot required to serve the applicant | with notice thereof.
 Continuous possession Of mineras laim, with due compliance of law, for period equal to the time prescribed F ,y the statute of limitations for min ng claims, in the state wherein such laim is situated, entities the claimant lnder the provisions of section 1882 R. >. to a patent in z.he absence Of any diverse claim.
 A surveyor general who orders and Ipproves the survey of a mineral claim s disqualified as applicant thereof un- Ter the provisions of section 425 R. S., md the department regulations there lnder, while holding such office.
 A discovery of mineral on each twen- y acres of placer location serves to except the whole location from school selection.
 Prior to the passage of the act of August 4, 1892, there was no authority 0 locate and purchase lands chiefly. or building stone under the placer mining laws. 'i5"
 The land department has no juris-