The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-01

is situated 90 feet northwesterly from cor
ner No. Of said Arkansas lode claim.
and running thence north sc degrees west
along the northeasterly end line of the
Arkansas" lode claim Ali feet: thence
north 60 degrees 81 minutes west along
the north side line of the General Go
mez'' lode claim, 1874 feet; thence south 6S
degrees Is minutes west along the north
westerly side line of the Arkansas lode
claim 766 feet; thence south 81 degrees I'll
minutes east along the south side line Of
the General Gomez lode claim, 1874. S feet:
thence north IS degrees Is minutes east
along the southeasterly side line of the
Arkansas" lode claim, 1885, feet: thence
north 30 degrees 81 minutes east along the
east end line of the General Gomez
loae claim 14S feet, to the place of be-
ginning, comprising a total area in con-
fiict of 779 acres
Third-Plaintiff alleges that said defend
ant claims the ground covered by the "Ar-
kanHas' lode claim and the portion there
of In conflict with the said General Go
mez' lode claim herein described. under
and by virtue of a pretended discovery
and location alleged to have been made by
him on the ground covered by said Ar
kansas lode claim on April 90, 1896. and
by pretended declaratory statement of
such alleged location made by him and
filed for record on Aug. 5, 1896, but plaintiff
further alleges that the said defendant has
no right. title or interest or claim of right
or title in or to the said premises, or any
part thereof and particularly has none in
or to the part thereof in conflict with the
said General Gomez lode claim, by vir-
tue of said alleged discovery, location or
record. or by virtue of any other discov-
cry, location, record, purchase or claim
whatsoever. for the reason that said Ar
kansas lode claim was not located as re-
quired by the provisions of sections $3.50,
3.6l1 and 1872 of the political code of the
state of Montana. or required by the laws
of the state of Montana or of the United
States in that it was not based upon the
valid discovery of a lode or vein of quartz
o. other rock in place bearing gold, silver
or any valuable mineral deposits, and be-
cause no statement of such discovery or
location was filed in the office Of the coun-
ty clerk and recorder of the county where
in said claim is situated, within 30 days
after the alleged discovery and location
by him thereof, and because no declara-
tory statement, or any statement, of such
alleged discovery and location was ever
filed containing such a description of the
dimensions or location of the discovery
shaft or it's equivalent, if any were sunk
upon satu claim, or containing a state
ment of the location and description of
each corner, or of any corner, of said
claim, with or without the workings
thereon, and because said alleged and
pretended location Of the said Arkansas
lode mining claim by the said defendant
is and was therefore wholly void and of
no effect, and did not serve to withdraw
the ground covered thereby from the
public lands of the United States, but the
same continued thereafter, until the To-
cation of said General Gomez lode
claim. as herein alleged. to be an open,
unappropriated and unoccupied part of
such public domain.
Fourth-That plaintiff has necessarily
dsbursed and expended the sum of 500
for plats abstracts and copies of papers
filed in the said land office with his said
adverse claim, and also a reasonable
counsel fee, to-wit: the sum of 500 for
the preparation of said adverse claim.
Wherefore plaintiff prays judgment
against the said defendant that the said
alleged Arkansas" lode mining claim To-
cation be adjudged and declared null and
void and of no effect, and that plaintiff
has the right to the possession by lawful
discovery, location, appropriation and rec
ord, of that portion of the ground covered
by the said Arkansas" lode claim which
is in conflict with the said General Go
mez' lode claim, and herein described;
and also that plaintiff have judgment for
the sum of 5000 by him necessarily ex-
pended in the support of his said adverse
claim and for the costs of this suit.