Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-07-11
ANNUAL ASSESSMENT WORK.
Supreme Court Decides That Work Must
Be Actually Of Value of 500.

be actually OF Nolue OF SiOO.
Helena independently
The opinion as to what constitutes 800
worth Of work on a miaing claim was in
the suit OF G.. w. Penn ct al. against Claus
Oldhauber. IL came from Deer Lodge
county and was a suit in ejectmsnt brought
to recover possession OF a quartz lode
known az the Blue Bell. The deTendant al
legged that neither the plaintiff, nor had
any OF them, performed 500 worth OF
work during 1895, and that u ever they
had any right in the property, such failure
had resulted in the forfeiture OF the right.
The case was tried without n jury, and the
eounse on the respective sides agreed that
the only issue to be tried or upon which
testimony would be introduced was: did
the owners Of the Blne Bell mentioned in
the complaint do or cnuse to bedone 500
worth of work and labor and improve
meuts on the claim during 1895" The
lower court found that the plaintiffs had
not performed 500 worth OF work upon
the claim in 1895 and that therefore the
Blue Bell was subject to relocation. The
lower court also held hat testimony con
corning the rules and customs in the lis.
trict in which the property in dispute is
situated, as TO the number OF days that
constitute 500 worth Of work, was mad
Missile. From the Judgment in favor OF
the defendant the appeal to the supreme
court WAS had. Justice Wsrd afirms the
action OF the lower court, and in doing Sc
enters exhaustively into the law governing
assessment work on mining claims. In his
opinion he says:
I'm the progress OF the trial certain OF
plaintiffs witnesses we're each asked in sub
stance the question: Do you know what
were the rules and customs ameng miners
in that district (meaning the district in
which the Blue Bell lode WAS situated) as
TO the number OF days work that consti-
tuted 500 worth Of work. The answer
in each instance was, substantially: Yes,
go days work To this question, when.
ever asked, the defendants counsel object
ed on the ground that the SAINT was in.
competent, irrelevant and immaterial, for
the reason that the rules and customs as
to the number OF days work that consti.
tuted 500 worth Of work is not the stand.
ard by which the value of the work done
upon a mining claim should he measured.
The court admitted this evidence, subject
to DEFENDANTS objection, but aiterwardex
cluded 1t from consideration on the ground
that it WAS incompetent. This ruling of
the court is the only error assigned by sp.
pellants and upon which they ask a re.
versal OF the case.
THE appellants contend that in the year
1895 there was in existence in the district
in which the property in controversy is
situated a custom to the effect that 20
days work performed upon a claim salts.
fed the requirements OF section 1924 re-
vised statutes OF the United States, as to
annual work, and that evidence Of such
custom was admissible under section 1891
OF the code OF civil procedure, statutes OF
Montana.
Section 1924, revised statutes OF the
United States, among other things pro-
yides that the miners OF each mining dis.
trict may make regulations not in conflict
with the laws of the United States, or with
the laws OF the state or territory in which
the district is situated, governing theloca-
tion, manner OF recording, amount OF work
necessary to hold possession Of a mining
claim. subject to the following require
ments: On each claim located after the
10th day OF May, 1882, and until a patent
has been issued therefor, not less thar
Sloo worth Of labor shall be performed or
improvements made during each year
and said section farther provides that up.
on a failure to comply with this condition,
the claim or mine upon which such failure
occurred, shall be open to rslocatioa in
the same manner as II no location Of the
same had ever been made.
"A rule or custom like the oneappelsn,s
sought to establish, must not only bs rea-
sonable, but it must not be in conflict with
the laws Of congress or OF the state. Nor
can Sach q custom authorize q less annual
expenditure than that named in the feder-
al statute.
From a consideration OF this statute OF
the United States it appears that when the
contention is as to whether or mott mining
claim has been represented for a given year,
the test is, not as to the number of days
work done upon it, but what is the worth
or reasonable value of the labor performed
or improvements made thereon. The value
al work done or improvements made is to
be measured not in days, but in do
lars. Such work or improvements may
add nothing tn the value OF the claims,
but II, when completed, said work or i'm.