Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-11-23
Late Mining Decisions.

l4f racine Reporter, 5iSJ, SupTeile couIl
Of Montana, the court held that. I'm
der the laws Of the United States (sec-
ton 232O), providing that no location of
a mining claim shall be made until the
discovery of a vein or lode within the
limits of the claim located, it is the
finding of mineral in the rock therein
that constitutes the discovery, and it is
not necessary that the vein or lode
should contain mineral of such a ma
ture that a practical miner. if he en-
countered it, would feel justified in fol-
lowing it up with the reasonable expec-
tation of finding paying mineral. Nor is
it required, under the statute, that the
paying mineral necessary to justify the
location of the claim should be found at
the time and place of discovery; but it
is sufficient If the development of the
vein showed that paying mineral exists
within the limits of the location. 1t
never was intended that the locator Of
a mining claim should determine all the
facts before he would be entitled to a
valid location"
Concerning the disposition and own
ership of tailings, 'Lindley on Mines
says section 426: ITO suffer tailings to
flow where they list, without obstruc-
tions to confine them, is equivalent to
their abandonment. If they lodge on
the lands Of another they are considered
an accretion, and belong to him. If they
accumulate on vacant and unappropri-
ated public land, it has been the custom
in the mining regions of the west to
recognize the right Of the first m to
appropriate them by proceedings analo-
gous to the location of placer claims. As
was said by the supreme court Of Ne
vada: Although not a mining claim
within the strict meaning Of the express
sion as generally used in this country,
a tailings claim is so closely analogous
to it that the propriety of subjecting the
acquisition and maintenance Of the pos
session of 1t to the rules governing the
acquisition Of the right to a strictly
mining claim at once suggests ITSELF
u diu OCkdl IlilClL HAS lCCO6 APlASu
this ~possessory right, and permitted en-
tries to be made of lands containing
beds of tailings, under the laws appli-
cable to placers. There are no adjudi-
Gated cases in the reports of department
decisions which have come under our
observation, but we have knowledge of
several instances where patents for this
class of claims have been issued under
the mining laws"
In the event of a mining company or
corporation neglecting or failing to per-
ed mining claims, the locations revert
to the government, again becoming a
part of the public domain, and are SUBJ
ject to relocation by any person, wheth-
err a stakeholder or not. If, however, the
stakeholder should have held a fiduciary
position-as president, secretary or
manager of the company, or any other
position which would have given him
knowledge Of the company's affairs of
a confidential nature-the court may
hold that he has relocated the property
as trustee and for the benefit of all
stockholders. All depends upon the
prior relation which the stakeholder
may have had with the company in an
official way.
The provisions. of the Revised Stat
utes of the United States (section 1924
require a mining location to be distinct
ly marked On the ground so that its
boundaries can be readily traced. In
the topography of the ground, and the
markings be so placed that they be
readily followed! from one to another,
and that a person accustomed to tracing
the lines of mining claims cam, after
reading the description of them in the
posted notice of the location, by a rea-
sonable and bona fide effort, find all the
stakes.-Ledoux VS.. Forester (94 FEEDER
al Reporter, 600), Circuit Court of the
United States,
Where one relocates a mining claim
on the theory that a former location by
another was forfeited by failure to do
the necessary amount Of work on same,
the burden Is on him to prove such fail
ure in an action by the former locator
to determine the right of possession. A
location notice Of a mining claim is ad-
missible in evidence, though the direc-
tom of the closing location Is indefi-
nitely described, the location being suf-
ficient in all other respects, n the
proof showing that all the monuments
were on the ground. A recital in the
location notice Of a mining claim, that
1t is a relocation Of another mining
claim, is an implied admission of the
validity of the former location.-Prov-
idence Gold Mining Company VS.. Burke
(7 Pacific Reporter, 642), Supreme
Court Of Arizona.
NO RIGHT TO UGLINEss.
The woman who Is lovely in face,
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i've must keep her health. II she is weak,
sickly and all run DOWN. aha will he