The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-28
ABOUT DECLARAToRY STATEMENTS,
MIR. Howell Writes Concerning Defective
Location Notices.


To the Editor of the Standard
About week ago l addressed the
Standard in regard to a recent decision
OF the supreme court of Montana hold
Ing the provisions of the political code
to be mandatory wherein it requires
the locator of mining claim to give in
the recorded notice of his claim 'tthe 10
cation and description of each corner,
with the markings thereon"
The full text of this decision has just
come to hand, and it's effect is SO vital
ly important to the owners of mining
claims located since 1896, that at the
risk of wearying your readers l desire
to speak of the matter again.
The declaratory statement which has
been held by the supreme court to be
insufficient, contained the following
reference to the corners:
This location is distinctly marked on
the ground, so that its boundaries can
be readily traced by a stake set at dis
covery shaft where this notice and
statement is posted this 18th day of Oc-
tober, A. d. 1895, and by substantial
posts and monuments of stone at each
corner of the claim, and the exterior
boundaries of the claim as marked by
said posts or monuments, are as fol-
lows. to-wit: Beginning at the north
east corner, No 1. a nut pine trees on
the south bank of Cataract creek, about
one-half mile southwest of Mammoth
lake, and extending 500 feet in west
erly direction to northwest corner, No.
?, on the southwest bank of Cataract
lake; thence southerly direction GOO
feet, to corner No 8; thence easterly
l,500 feet to corner No. 4, which corner
is a balsam, fir tree; then north 600
feet to place of beginning Purdum
VS.. Laddin, SO Pacific Reports, 1853.
II will be observed first. that this
declaratory statement wholly fails to
give the markings on the corners; sec
Foil i1,n NnS o
and 3; and, third, it fails to give the
size Of the trees which mark corners
Nos. l end 4. And yet, as regards full
ness of description, it compares favor
ably with large proportion of the de-
claratory statements that are now be-
ing filed throughout Montana, and that
have been filed since the new law went
into effect.
The effect of this decision is to make
voidable every claim founded upon such
a defective statement. 1t behOoVeS the
Montana prospector to wake up to the
fact that We have a new law that is
much more eXacting in it's requirements
concerning the recorded notice of
claim than the old law was. and that
| the supreme court has said that this
| law must be complied with.
| AS | said in my former communica-
| ton, such a defective declaratory state
ment can be cured by the filing of an
amended declaratory statement If the
same is done before adverse rights in
tervene But the man who waits until
his valuable claim is jumped before
rectifying his defective declaratory
statement will suffer the results Of his
own negligence. The form of an amend
ed declaratory statement now printed
and kept in stock by the Standard
Publishing company affords every pros
pector an easy means of correcting i'm
perfect declaratory statements.
I have felt justified in calling public
attention to this decision, since many
miners are using and relying upon my
Miners Code" but with this commu-
nication my gratuitous advice ceases
and | shall leave the prospector in trou-
bic over his location notice to my
friends. the lawyers, in whose welfare
as class / am somewhat interested.
E. B. HOWELL.
Butte, Mont, Dec. 81.