The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-17
Important Question a. to the Va
lidity Of Placer Titles.
FAULTY CAPE NOME CLAIMS.
Attenaion Drawn % the Fact Tbes
the Discovery 81 Precious METAL
Mast Preceae Location and Ne
cord I'm ORDER 20 validate Title
Citation From Placer Experiences
in CsiifeFnia-LesAvtile usaxes.

To the Editor: notice In recent eds-
toriaI Of the Post-Inteiiigencer you refer 10
the large number Of placer claims LA the
Nome district thai have been siaks-s and
claimed without any discovery OF geld on
them ! am inclined 10 think taa, X the
validity OF fhese locations made without
discovery OF gold or them come TO test
before the courrs they will Re declared not
legal. that the courts will cold that to nave
q valid location there must be an actual
discovery Of gold on the claims. such dis
covery being made before the claim II
staked. or. II after stalking. before some one
else who makes an actual discovery OF gold
claims the land.
/ have II In mind that In Leadv!ilc before
. location could be made Of the land cover
ing the rich carbonate deposits OF thas dis
frics II was necessary for the intending 10
Gator 10 rink shaft through the barren
Gaping formations and actually find the
yaiuabI3 carbonaies In place. Then he could
locate. Frequently there would be several
shafts being put down at the same tine by
different proxpectors and companies on the
same tract OF land. All thas men and
money could do was done 20 push the sark-
Ing for the first 0ne reaching the ore had
the prior right Of location and definition OF
claim boundaries, which could and usual
Of the unsuccessful competitors.
CaltfOrnta Placer Experiences.
Also in the writer's professional practice
an a United States deputy mineral survey
or In California there were several IN
stances In which the United States land de-
rartment at Washington refused TO patent
placer mining claims on the Ancient river
channels on the ground that no discovery
of gold was made on the land for which
ff..A f..~ a
spite conclusive evidence that gold existed
on the adjoining claims under such eondi-
lions as to prove that IL extended from the
adjoining claims into the claim sought TO
be patented This decision was made not
once, but many times. and stands as the
existing rule OF the land department OF
the government
These cases are Identical with Cape Meme
claims which have been Etakad without
discovery OF gold to base them on. and
would surely seem 20 sustain the view
that oil such locations are invalid and can
be disregardsd by locators who conform 10
the letter and intent of the law by making
an actual discovery Of gold before locating.
RUSSELL L. DUNN.
crhe soundness Of Mr.. Dunn's view can
not be questioned. The mere assertion or
pretense OF title contained Ia a location no.
tice and record, where the alleged mineral
deposit In placer or a horizontal ore STRAIT
INN does not validate the claim The proved
discovery and existence Of mineral Ia ne
cessary. Location by proxy or power of at
torIey implies no more legal right or privi-
,ege than individual ioeatorz enjoy. Mineral
title inheres In the fact of diseoyery~-the
finding Of mineral on the ground claimed
ard whether the ground Is claimed by one
self In person OF by proxy the function OF
discovery must have been performed before
valid claim can be affirmed.
IL IL the custom of mining camps In their
pioneer stage. particularly the placer camp.
to concede occupancy or tentative title TO
the first conner. whether he linda mineral
before setting up stakes or not.
Change I'm the Isax~s of Leadviiic.
Even In the first days of Leadvile this
was the experience. I&ccators avoided
conflict Of lines. or rather ran the lines OF
claims In conformity, and sustained the
doctrine that every locator was entitled
To the possession of hts ground an against
all persons who might attempt TO pierce
the carbonate contact within his surface
bounds AZ soon as the companies began
to operate the carbonate beds and the
camp had attracted a number Of mining
men of experience. the legal requirements
were made known. and then began the
busy and often bitter rivalry of sinking
discovery shafts. Every shaft was To-
Gated I'm the center at claim. the lines
Of which were laid "a In the case Of lode
locations, and notices ard stakes were
posted Such claims often tapped over
each ether seven or eight times. but the
first claimant in the bunch who struck
mineral. surveyed and recorded As the
iron Gaping Of the eareonates was reach.
ed. others surveyed, and located the most
available claim or fragment left. until the
ground was all taken, Under misanpra-
hensson OF the law, or what Interpretation
the courts would pat upon ~. many sur
veyod and recorded as they had primarily
located, making conflicts that were aa~
Judicated finally In favor az original dis
ssiverers.
Many tragedies have occurred over this
very question az the right To locate min
eral claims without discovery and for All
ssnteeS A notable one was that cf Rattle
Creek I'm the Hack NUS Here the dis
cnverer 81 THE gltlch. a lawyer 90 Center
city. constituted himself clerk and "a
eort,er. He located and s'akesi the sigs.
cosery clatm IN his OWE xame, and the
thirty other rim 81 rsm claim. IN the
guich he located staked and recorded In
the names IF aessutees. The frat party
of Montana miners who followed him into
the gtaeh held meeting. AT which n was
decided no absentee had a right ta
claim on which discovery work had nor
been done, They elected a clerk and re-
corsier ~ their own. ard declared ali the
claims I'm the gIieh save TIE discovery on
which they found four~foot shaft af,d
geld. open so rcloea tion, Each took
eiaim ard left the remainder 81 the wulrh
to the newcomers. The lawyer knew h@
had no case. but he started y hlursns
newspaper controversy that cost hsrT. his
life. In ssx-shaotar auel one aHv the
chairman ~ the camp association Killed
him. and was IN turn acquitted ~ fifteen
minutes
After several hundred people had stain
ncied IL the guieh freTn 1heyenns. Syas.
nes ana Custer IL was proved that the